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RTBU-PacNat Member's EBA 2005 Update Newsflash! 57

24 April 2006

Goal Posts Move Again:

Members will no doubt be aware by now that the ongoing saga between TOLL and Patrick appears to be drawing to an end. The announcement over the Easter weekend that Patrick has now accepted the TOLL takeover bid is a significant development for RTBU members in terms of the new Agreement. It leaves a lot of questions to be answered.

Remember that the reasoning of the company for pursuing a short term roll over of the current Agreement was on the basis of the uncertainty caused by the dust up between TOLL and Patrick. The RTBU had secured up to an addition two further 3 month roll overs, each with a further 1% wage increase, but again that was dependent upon the ownership not changing and the uncertainty remaining.

Pacific National has recently been trying to rush the RTBU into signing off on the first roll over of the current Agreement (to October this year). The RTBU has remained steadfast in its approach and has intentionally refused to be rushed without having all of the available information necessary in order to make the correct judgement on behalf of members as a result of WorkChoices requirements.

In light of the recent events, the RTBU has been justified in the cautious stance it has taken. There are questions to be answered, and there is a very real possibility that the membership may be thinking that there is now no benefit in signing off on a short term Agreement, particularly when there is the possibility that neither of the further two roll overs are likely to occur. The RTBU has already fielded a number of enquiries from concerned members regarding this issue.

The RTBU will continue to do what we have done so successfully throughout this campaign. We will continue to consult widely with your workplace representatives before a decision is made about the direction to take next. Members, through their workplace delegates, may decide to continue the process of signing off on the roll over of the Agreement until October 2006, or they may decide to seek to resume negotiations for a new Agreement, or they may decide to pursue a longer roll over of the current Agreement, as originally sought.

The RTBU conducted a national telephone conference of workplace delegates today. During the telephone conference delegates were given a report of the current situation and asked for feedback from the membership they represent. The consensus of the delegates was that there is a preference to seek a longer term Agreement, whether that is in the form of a longer term roll over or a replacement Agreement. The RTBU will conduct a further telephone conference of the national delegate committee next Friday to finalise our position after consulting with members. Members are encouraged to speak to their local delegates about this issue prior to next Friday

Pacific National senior management representatives have made it quite clear that if the RTBU does not agree to roll over the current Agreement, in the form of the draft by the company, by the close of business today (Friday 21st April), they intend to go to employees 'blaming' the RTBU for holding up the wage increase. The RTBU has said many times that it will not be bullied or intimidated into agreeing to anything for the sake of doing so. Regardless of the desire of the company to quickly tie up the loose ends, the fact is that those loose ends are still there.

The question the company appears to be unable or unwilling to answer is; if it is so important to PN to sign off on a new Agreement to provide certainty and stability to both the company and its employees, then why are they so reluctant to agree to at least a longer term roll over which would provide certainty to the business, a wage increase to members and give both parties some breathing space? This question is particularly more important now that the TOLL bid for Patrick appears to be drawing to a close.

The company is banking on members being prepared to sign up to a short term Agreement, no matter what the consequences, in order to get a wage increase. The RTBU and your delegates will continue to do everything in their power to protect the conditions of employment as a first priority.

RTBU / MUA / TWU Joint Press Release:

The RTBU, the MUA and the TWU are all unions who have an interest in the developments with the TOLL takeover of Patrick. Our three unions have an excellent working relationship with each other, as has been demonstrated throughout this campaign. The RTBU, MUA and TWU have issues a joint press release about the TOLL takeover of Patrick. A copy of that press release is attached to this newsletter for your information.

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.

Your Rights At Work.....Worth Fighting For!!

Transport Giant Told: "Remember Workers"

As transport company Toll moves to take over rival Patrick to create a transport giant, thousands of workers at both companies have warned senior executives that they should not forget the interests of their employees.

While welcoming an end to the uncertainty that has surrounded the 18-month boardroom stoush, workers have said that the company should not use its size to launch an attack on working conditions.

Representatives of the Transport Workers Union, the Maritime Union of Australia and the Rail Tram and Bus Union have issued a united statement, saying workers are committed to maintaining and improving existing conditions.

"Hopefully this can give working families in the transport sector some certainty," said Bob Hayden from the RTBU. "While it is great that the situation is finally resolved, I think that we should remember that it is the hard work of the employees of these companies that will make or break them as a business."

The RTBU will be seeking to finalise a long-term union agreements to bring certainty to its members employed at Patrick-Toll rail freight joint venture, Pacific National and Patrick Rail.

John Allan, TWU Federal Secretary, has sought assurances from Toll that TWU members' jobs will be secure, no compulsory redundancies will occur and that no TWU member employed by the Patrick Corporation or Virgin Blue will be in any way disadvantaged.

"We have collective agreements with Toll and Patrick we expect to be honoured," said MUA national secretary Paddy Crumlin. "Toll should not expect workers to help pay the high price for the takeover with their jobs."

The three unions have sought a commitment from Toll to consult with them prior to implementing any of the required ACCC changes, which could impact on employee entitlements, job security and company assets and liabilities.

The TWU, RTBU and MUA represent the vast majority of the thousands of employees at the highly unionised Toll, Patrick and Virgin Blue businesses.


Bob Hayden (RTBU)

Paddy Crumlin (MUA)

John Allan (TWU)


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