RTBU-PacNat Member's EBA 2005 Update Newsflash! 59

RTBU Takes the Right Track:

As detailed in previous recent RTBU newsletters, your union, through consultation with members through their workplace delegates have been forced to reconsider its position in relation to the roll over of the current Agreement. The reconsideration has been as a result of the announcement that Patrick are now supporting the TOLL takeover bid, and as a result it could now be argued by Pacific National that the additional two 3 month roll overs should not occur because the 'ownership' issues have been resolved.

The RTBU has continued to outline its position, its reasons for its position and request a meeting through correspondence to the company. To date, our request for a meeting has been ignored by Pacific National. Extracts of recent correspondence to the company are detailed below for your information:

"The RTBU understands that TOLL will probably gain control of Patrick's on or about the 12th May 2006 and that following this the issue of a dysfunctional PN Board should be resolved.

The issue of a short Rollover and a possible 2 further 3 month rollovers was agreed in principle by the RTBU and its delegates due to the dysfunctionality within the Board, as this had been the major reason used by PN to not agree with a longer Rollover or to finalise the negotiated replacement EBA. One of the other reasons given by PN was the continual legal action between the owners, which I now believe has ceased as a result of the Patrick's Board recommending the TOLL takeover.

The RTBU believes that due to the above it is legitimate to now seek either of the following options:

1. Extend the Rollover period to 30th October, 2007 with a deed signed by both parties providing for the termination of the Rollover early should a replacement EBA be negotiated.
   
2. Sign a short Rollover to the 30th October 2006, with a deed signed by both parties providing for a further 4 x 3 month Rollovers should a replacement EBA not be negotiated.

The RTBU sees no logical reason why this could not be agreed by PN unless there has never been an intention to negotiate a replacement EBA. Both options put forward by the RTBU provide certainty to both the Company and employees.

The RTBU as always is prepared to meet with Pacific National to further discuss the above should the Company wish to."

The logic behind the RTBU position is simple. If there is nothing to hide and the company is committed to providing long term security to its employees and is prepared to negotiate a replacement Agreement at the earliest possible opportunity, then there is no reason why they should not agree to either of the RTBU proposals. The company has been unable to articulate any genuine arguments against this position.

The RTBU is aware that certain managers within Pacific National are pressing ahead with conducting briefing sessions with employees in certain locations. The RTBU is further aware that some local managers have been instructed to attempt to 'blame' your union for the roll over failing to be finalised. As reported in the previous RTBU newsletter, your union will not be bullied into making hasty decisions which are not in the best interest of members and will continue to act on the direction of members, through their local delegates. Your union conducts telephone hook ups of delegates nationally on a weekly basis at this stage. The feed back from the teleconferences to date is overwhelmingly in favour of rejecting any short term roll over of the current Agreement which do not contain the protections as detailed in the correspondence to the company.

It is the view of the RTBU that both parties put themselves 'on hold' until the 12th May, when the outcome of the TOLL takeover bid will be known. Should TOLL be successful, it would then be the RTBU's intention to seek a meeting with TOLL to discuss not only a way forward to finalise the Agreement, but also the potential impacts of the undertakings given by TOLL to the ACCC.

The RTBU is committed to working with the new owners of Pacific National in moving as quickly as possible to provide certainty to members by finalising a long term Agreement.

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.

Footnote:

Members may be aware of the tragic rail accident in rural Victoria last Friday afternoon. The accident resulted in the deaths of two passengers and injuries to many others including two RTBU members. The RTBU sadly reports that one of the passengers killed in the accident was a Comrade Driver from the Melbourne Intermodal Depot, Vic Greensill. Vic was a long time supporter and activist with his union and a man well respected by his peers. Vic was an integral member of the RTBU 'Team' at the Melbourne Depot and will be sadly missed by many. Vic was only 42 years old and is survived by his wife and 2 sons.

On behalf of the RTBU and all of the Comrades employed by Pacific National, we offer our sincere condolences to Vic's wife and their children and to his workmates and friends at the Melbourne and Dimboola Depots and his Comrades in the Victorian Locomotive Division.