RTBU-PacNat Member's EBA 2005 Update Newsflash! 58

RTBU Concerns Justified?

Your Union had agreed in principle to the proposed short term roll over with a further 2 x 3 month roll overs based on PN's reasoning for a short term Agreement being the uncertainty caused by the takeover attempt by TOLL of the Patrick group, which led to there being a dysfunctional Board within Pacific National. There was also the popular view that the legal battle between TOLL and Patrick which had been initiated in the courts would take some time to be resolved and thus the RTBU, through consultation with members decided that the best option would be to proceed with the short term roll over with up to an additional 2 x 3 month roll overs.

Following consultation with the National Campaign Committee via a telephone hook up last week, the RTBU has put it to the company that there is no longer any logical reason for a short term roll over, as it would seem through media reports that TOLL will be successful in its bid for Patrick. The RTBU has informed the company that we are prepared to accept a roll over to October 2007 and we are prepared to enter into a Deed of Agreement that if a new Agreement is negotiated before October 2007 we are prepared to agree to terminate the roll over Agreement. The RTBU has also put to the company as an alternative that it is prepared to accept a short term roll over of the current Agreement until October 2006 on the proviso that the Deed of Agreement states that if there is no new Agreement in place by October 2006, the roll over will continue at three month increments until either a new Agreement is negotiated or until October 2007. If the company cannot now accept either of these proposals, the question needs to be asked; "Why Not?" The proposals satisfy the company's desire for short term certainty AND the RTBU desire for longer term certainty in the event no new Agreement is negotiated.

Pacific National has once again resorted to attempting to launch an attack on the integrity of your delegates. Delegates have not reneged on anything and have actually provided members with a final option of deciding their future working conditions and certainty, nothing more and nothing less. Members have been asking delegates since the announcement over the Easter weekend if the situation had changed as they were also aware that the announcement would bring functionality back to the Board.

The recent development also provides a period of certainty for the parties to commence negotiations for a replacement EBA, which the RTBU has been prepared to do since the Company walked away from the table last year. Your Union and Campaign Committee want to work co-operatively with the Company and TOLL to bring certainty to both the Business and working conditions of employees throughout the Company, and we believe that our options as stated above achieve this.

A report on Channel 9's 'Business Sunday' has quoted TOLL as saying "Look, Pacific National is a business that's been under pressure, the inter-model part of Pacific National in particular has been under pressure, has been market-share lost believe it or not to road transport and also to coastal shipping. We're very anxious to get into Pacific National and do what Toll does best and that is fix up that business, improve the efficiency levels, and win back the customer base and volume that's been lost to other modes of transport, so, over the next nine months which is the time-frame that we have to sell our 50 per cent stake in Pacific National, we are hoping that it will be a lot different business in nine months than what it is today."

The RTBU National Secretary is attempting to meet with TOLL senior management to not only discuss the EBA issue but also the potential impacts the undertakings given to the ACCC may have on members / employees.

Overtime Calculation / Payment:

The RTBU is aware that some PN management are telling employees that the reason the roll over of the current Agreement has not been agreed is because of an issue regarding the calculation and payment of overtime for Train Crew employees. In the first place, this issue is not holding up the process. In the second place, it is a fact that PN attempted to change the way in which overtime is calculated and paid to Train Crew employees. PN attempted to do this to suit their own agenda because it has the potential of lowering the entitlements that Train Crew employees currently have. Interestingly, when the RTBU sought to 'fix' a number of other anomalies in the current Agreement PN steadfastly refused to entertain any such proposal on the basis that to so would not amount to a roll over of the Agreement. The RTBU has made it clear to the company that the provisions in question are to remain as they are at least until such time as a new Agreement is negotiated. It should not be forgotten that this was in fact one of the issues the parties had agreed to in the Agreement that was 99% agreed before the company decided to go down the path of rolling over the current Agreement.

Why is a Short Roll Over Not in the Best Interests of Members?

As detailed in previous newsletters, the reason the RTBU resisted a short term roll over of the current Agreement was because of the potential that the WorkChoices legislation could have. That is why, faced with the arguments from Pacific National about uncertainty, your union would only agree to a short term Agreement if there were scope for further roll overs in the event that uncertainty remained. It is apparent now that the uncertainty only lies with RTBU members in that if we were to agree to the initial October 2006 roll over, the further two roll overs would be highly unlikely to occur as a change in ownership has occurred and a form of certainty has been achieved. Therefore, if we agree to the October 2006 roll over and neither of the further two roll overs occur, and there is no new Agreement in place, the company simply gives 90 days notice to terminate the Agreement. After the 90 days, all that will be guaranteed will be the allowable Award matters. ALL other conditions of employment will be determined by the company. No negotiation, no discussion, no questions asked. This begs the question; is this how the company intends to ram through its 'reform' changes? It would be irresponsible of your union to not take these matters into serious consideration, no matter how frustrating the company makes the process. It would also be irresponsible to not give you, the members all of the information available in order for you to be in a position to make your own informed judgement call regarding the new Agreement.

National Campaign Committee Phone Hook Up.

Members are reminded that there will be a phone hook up this Friday with the RTBU National Campaign Committee, which includes delegates, activists and officers from right across the country. The purpose of the hook up is for the delegates to advise which direction the members at their location would prefer to see their union take in the next phase of this campaign. While we all understand that this process is becoming frustrating because of its length, RTBU members have been vocal in ensuring that their conditions of employment are protected to the best possible extent. The company is relying on their ability to 'blame the union' for employees not receiving a pay increase. The reality is that the RTBU is prepared to sign off on an October 2006 roll over with the proviso that the roll over continues automatically in the event there is no new Agreement until October 2007 or an October 2007 roll over of the current Agreement. Should members advise their delegate that they wish to proceed with the vote for the proposed roll over and up to a further 2 x 3 month roll overs then this is what will occur. It has never been about doing any but what the rank and file have said they wanted, and that is ownership of the outcome. It is important that you have your say, through your RTBU delegate, between now an Friday so that your RTBU representatives can accurately report the position of your location on the hook up.

Further Information:

Members will continue to be kept informed of any significant developments through future editions of your Newsflashes. 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:

If you would like to receive future EBA Newsflashes to your personal home email please email Greg Harvey at gharvey@rtbu-nat.asn.au with your name, your location, your classification and your email address and you will be added to the email list.

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