ARGE EBA NEWS BULLETIN No.3 - 11 April, 2003

In this edition of your RTBU EBA News Bulletin…..THE RTBU NEGOTIATING TEAM consisting of National, Branch and Delegates John Miller and Jason Manners met again with ARGE representatives on 7th & 8th April

ARGE PERSONNEL POLICIES

The RTBU wants these policies, as far as possible, to be included in the EBA. This will provide certainty, ensure any changes involve the Union and its members, and is enforceable. ARGE outlined policies currently under review, including:-

• Study leave
• Employee conduct
• Redundancy
• Relocation assistance
• Salary packaging
• Travel.

The RTBU indicated the need for the EBA to include clauses for Emergency Service Leave and Transfer and Promotion. Currently there is no policy on transfer and promotion. This is a difficult issue with various unsuccessful attempts in recent years to produce a policy. Membership consultation and approval will be required prior to agreement in negotiations on any personnel policy clause

WEEKEND-OVERTIME-ALLOWANCES DEPOT BASED or INDIVIDUAL BASED PAYMENTS or ALL UP SALARY ????

These have been controversial issues for some time. What is the fairest method to calculate and pay for penalty entitlements related to Public Holiday, weekend, shift and overtime working, & for Locomotive Drivers, Kilowatt, Distance and HAHA ???? The RTBU argue that transparency in payments should be the guiding principle for public holiday, weekend, daily and unrostered overtime penalty payments. The RTBU believes these payments should go to the individual who earned them. As work on a depot-by-depot basis can result in considerable variation in kilowatt, distance allowance and shift penalty payments, the RTBU supports those payments to be on a DEPOT basis.

ARGE TABLES SUMMARY WEEKEND HOURS AND SHIFT WORK SURVEY

ARGE produced a survey of each Locomotive depot's working for the quarterly periods from 1/1/2000 to 31/3/2003. As anticipated it revealed significant variations in weekend & shift work averages between depots.. Depots such as Kwinana & Picton have regular weekend and shift work. Depots like Wagin & Merredin have dramatic fluctuations in weekend hours due to reduced customer requirements [eg grain downturn]. The survey revealed depot weekly average weekend hours varied from 3 to 10 hours across depots. Sunday working varied between 1-5 hours per week, depending on the depot. Similarly, average weekday shift hours varied between depots from 4 to 16 hours per week.
It should be noted the survey took into consideration for shift penalty, the weekday hours from 1800 to 0600.

ROSTER CODE OF PRACTICE

ARGE employee surveys have shown rostering as the key issue to be addressed in order to maintain or enhance satisfaction with employee's working conditions. For Shift workers in general and Locomotive Crews in particular, rostering determines the quality or otherwise of working, social and family life. The RTBU presented to management a comprehensive Train Crew Rostering Code. Issues included in the Draft are Depot Rostering Committees, rostering principles, master and working rosters, variations to working roster prior to & after posting, RDO's, commencing annual leave, travel shifts, barracks working, cancelled shifts, weekends off, lift up/lay back, shift lengths, mandatory rest days, meal breaks, personal needs break, roster suspension, maximum hours of duty, mutual shift exchanges, etc. (contact the Office for a copy to be posted or emailed to you).

RTBU CLASSIFICATION STRUCTURE AND LABOUR HIRE PROPOSALS

The RTBU insists on a competency based classification structure using the Transport and Distribution Board units of competency resulting in recognised National Qualifications as a must in an EBA. In the modern railway world of open access, competition between railway companies and worker mobility between employers, nationally recognised and transportable qualifications are essential for all rail workers. The RTBU classification structure is based on the recently arbitrated Award of Commissioner Larkin. The 16 levels cover locomotive, terminal and depot operations [including driver co-ordinators], Infrastructure including Signals & Perway and Administration/Clerical [including Train Controllers].

LABOUR HIRE CLAUSE

1. That contractors and/or Labour Hire agencies may be utilised to support the business's permanent workforce to cover short- term peak workloads, specific projects of a known duration, staff absences, training and sick leave.
2. That contractors/labour hire employees must receive rates of pay equivalent to ARGE classifications.

These provisions are common throughout industry. Workers with equal competencies, on different rates, working side by side is a recipe for disharmony and breaking down of teamwork. ARGE's response has not been positive. They have concerns about the rights of labour hire companies to negotiate. To the RTBU this is artificial and continues workforce divisions. ARGE has a rapidly aging workforce profile. The RTBU pursued ARGE on a training commitment, and pressed the company to train more employees for the future. ARGE will consider it's position and respond to these items at the next meeting.

ARGE TABLES DRAFT CLAUSES

These included responses to RTBU proposed clauses covering Workplace Delegates Rights, use of company facilities for union business, union notice boards, right of entry for union officials, probation and induction, dispute settlement procedures and working hours. Preliminary discussions occurred about the ARGE response and counter proposals.

NEXT STEPS

The RTBU Negotiating Team and ARGE will not be meeting for 4 weeks due to the Easter break and other commitments. However the parties have committed to use this period to prepare draft clauses and responses to proposals put forward so that we can hit the ground running at the next meetings on May 5 and 6.

• Survey all train crew depots to ascertain productivity payments that would be received using the kilowatt/distance provisions of the safety net award.
• ARGE will respond in detail to the RTBU EBA base rate claim for Locomotive Drivers of the new Award rate plus 40%.
• Prepare all outstanding clauses.