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RTBU - PacNat member's EBA 2005 Update Newsflash! 29

19 October 2005

RTBU Initiates Protected Industrial Action:

Members are advised that the RTBU has today served Pacific National with the notices required under the Workplace Relations Act to initiate a period of protected industrial action against the company. The company has been notified that members of the RTBU employed by Pacific National (ACT) and Pacific National (NSW) will commence a period of Protected Industrial Action for 24 hours commencing at 0600 hours on Tuesday 18th October 2005 and ceasing at 0600 hours on Wednesday the 19th October 2005. The Protected Industrial Action notified to the company by the RTBU does NOT include any contract labour or labour hire agency employees. The notice issued by the RTBU relates to RTBU members only, it does not relate to members of any other union.

Negotiations Continue To Stall:

The negotiations for the new Pacific National Enterprise Agreement have dragged on for 6 months, with no end in sight in the short term. Through regular telephone hook ups, meetings and discussions, RTBU members have expressed their frustration at the stalling tactics adopted by the company. This campaign has been driven by the members from the beginning and it is the members who have made the call to bring the negotiations to a head by notifying the company of the intention to take Protected Industrial Action.

The RTBU has been extremely patient with Pacific National in continuing to agree to meet with them in the hope of reaching an agreement. The company has made it clear that they are not prepared to move on the issues that the RTBU has advised them are critical to members. Those issues include Salary Maintenance, Classification Structures, Train Crew Rostering and Remuneration. The parties are at an impasse because the company is claiming that the conditions sought by members are cost prohibitive. Remember, this is a company who announced a 9 month after tax profit increase of 39%!

Frequently Asked Questions and Answers:

Set out below is a list of questions the RTBU has anticipated from members, and the answers to those questions.

Why has the RTBU initiated Protected Industrial Action?
The RTBU has been negotiating with the company for more than six months. The majority of that time has been spent preventing the company from eroding conditions. Pacific National have engaged in tactics of stalling the negotiations as much as they can. Pacific National have been reluctant to even discuss the big issues of the negotiations. The RTBU has been more than patient with the company, but the members have called for that patience to end on the basis that the company is not prepared to move on important issues.
I have read the company's newsletter and they keep saying progress is being made. What progress are they talking about?
The company is technically correct in what they have said. There has been some progress made but the progress they are referring to does not address resolving the major outstanding issues.
My manager has told me that the company is considering taking an Agreement out for a vote without the union. Can they do that and are they likely to do it?
Yes, the company is within its rights to take out a non union Agreement and there is every possibility they will do so. The company has stated to the RTBU Negotiating Team in the past that they believe they would have enough support amongst their employees for a yes vote. The RTBU is confident that such a tactic would fail because members would not be in favour of a non union Agreement. It is important to note that if the company does adopt such a strategy, everyone should turn up to vote. If only a few turn up and the majority vote yes, then all employees will be covered by that Agreement, whether they voted or not.
The last time the RTBU tried to initiate Protected Industrial Action, Pacific National obtained a Federal Court Injunction. Are they likely to do that again?
Yes. The company is likely to attempt to do anything and everything it can to stop the protected industrial action. The RTBU has sought expert legal opinion and guidance and is confident it has done everything possible to minimise the likelihood of the company succeeding to get an injunction. It must be understood by all that these things are often impossible to predict. Anything can happen in court, particularly given the political and industrial environment we find ourselves in.
Members should not be unduly concerned about these issues. The RTBU has been upfront and honest with members in the past and will continue to do so. The RTBU has not and will not direct its members to commit any act which is deemed illegal. The RTBU remains confident about the legal advice sought on these matters.
My manager has told me that I am to attend a meeting during work time so that he can put the company's version to us. Am I obliged to attend? Can I be disciplined for refusing to attend?
It is illegal for management to attempt to intimidate anyone regarding Protected Industrial Action. If you feel intimidated by your manager telling you to attend the meeting, you should convey your concerns and decline the invitation. If your manager continues to attempt to intimidate you, you should contact your RTBU Branch office immediately.
What is the difference between Protected Industrial Action and Unprotected Industrial Action?
Protected Industrial Action can only be taken during the negotiation of an Enterprise Agreement, and even then, only after a notice of Bargaining Period has been served on the employer. The RTBU has served such a notice on Pacific National. Before Protected Industrial Action can be taken, the RTBU is required under the Workplace Relations Act to give the company no less than three working days notice of its intention. The RTBU has complied fully with this requirement.
Unprotected Industrial Action is action which is taken outside of the Bargaining Period notice, or action which has been deemed by a court to be illegal. The RTBU does not condone illegal industrial action.
The industrial action to be taken by RTBU members is Protected Industrial Action and is therefore legal industrial action.
Are we likely to receive letters from management or the company's lawyers telling us that the action may be illegal? What should we do in this case?
Yes. It is highly likely that the company and/or their lawyers will apply such a tactic. You should ignore any such threat by the company or their lawyers. If the Company is granted an injunction by a court the RTBU will advise members. Unless you receive such advice you should ignore the threats. This is a tactic often used by aggressive management.
Are Labour Hire or Contractor personnel expected to participate in the Protected Industrial Action?
No not at all. The only people to be involved in the Protected Industrial Action are RTBU members employed by Pacific National (ACT and NSW).

Further Information:

The RTBU will continue to keep members advised throughout the lead up to and beyond the period of Protected Industrial Action. For further information on issues regarding the Enterprise Agreement negotiations please contact your local RTBU delegate, your respective RTBU State Branch or the National Office.

Newsflash!@Home

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