Australian Rail, Tram & Bus Industry Union Victorian Branch
Minutes of Executive Meeting RTBU Tram & Bus Division
At Level 2, 365 Queen Street, Melbourne On Thursday, 5th February 2015
MEETING OPENED: 9.10am
PRESENT Officers Secretary – P Altieri Assistant Secretary – J Anderson President – M Teasdale
Delegates – B Penza Authorised Officers – A Genc Brunswick Depot – C D’Rozario Camberwell Depot (proxy) – D Garland East Preston Depot – J Smyth EROC (proxy) – M Mizzi Glenhuntly Depot – R Keddy Infrastructure – F Damiani Kew Depot (proxy) – K Sivapalan Malvern Depot – P Byrnes Preston Workshops – R Farrugia Essendon Depot – M Tocci Southbank Depot
OBSERVER Nil
CHAIRMAN President – M Teasdale in the Chair.
APOLOGIES R Fernando(Annual Leave), M Moran(Annual Leave), B Graham(Annual Leave), C Petropoulos(PLD), L Smith (Sick Leave), J Cain (Sick Leave), M Mizzi(Late), B Penza (Late)
Moved: R Keddy Seconded: A Genc
"That apologies be accepted"
CARRIED
MINUTES OF PREVIOUS MEETING
Moved: D Garland Seconded: R Keddy
“That minutes of previous meeting be received”
CARRIED
1 CORRESPONDENCE:
Out
Letter from Slater & Gordon to Yarra Trams Letter to Clement Michel Yarra Trams Letter to David Moore Yarra Trams Letters to Robert Anderson(5) Yarra Trams Letters to Aline Frantzen(2) Yarra Trams Letter to Stewart Williams Essendon Depot- Amenities Letter to Peter Lim Yarra Trams In
Letters from Robert Anderson(6) Yarra Trams Letter from Pat Byrnes, Delegate Preston Workshops Letter from Kana Sivapalan, Delegate Malvern Depot Email from Brian Penza, Delegate Authorised Officers Letter from Brad Annson Slater & Gordon Lawyers Email from Con Petropoulos, Delegate Operations Centre Email from Mark Moran, Vice President
Moved: F Damiani Seconded: P Byrnes
‘’That the correspondence be received” CARRIED
RESIGNATIONS:
Email from John Dirito length of service, 8 years (2007) Fax/Letter from Zoran Saveski length of service, 12 years (2003) Email from Shane Doherty length of service, 14 years (2001) Email from Peter Bradley length of service, 6 years (2009)
Moved: C D’Rozario Seconded: A Genc
‘’That resignations be accepted followed by a letter of appreciation”
CARRIED
SECRETARY’S REPORT
1. Unfair Dismissal Appeal Victory The Fair Work Commission handed down its decision on Yarra Trams right to appeal against the Farmer FWA decision on 4/2/15. This appeal was heard by the full bench of the commission. (3 Commissioners) Yarra Trams right to appeal was denied and it was upheld that there had been no error at law for the original decision. That intern upholds the original decision given by the commission that Yarra Trams decision to terminate Farmers employment was harsh, unjust and unfair. The case is now referred back to original commissioner who has asked for submissions from both parties on the issues of re-instatement or compensation.
2 A hearing date is yet to be determined. The Union position is Full Re-Instatement with compensation for lost wages from the date of dismissal.
2. New Yarra Trams EBA 2015 EA negotiations are likely to start mid-April 2015, but no confirmed date yet. The program by the RTBU to encourage the memberships to become actively involved in this process is coming to its end. It’s now time to collect & collate these “wish lists” from all depots and work areas and format Log of Claims. Background research for the upcoming negotiations has not only begun but is well advanced. Legal advice has been sought as well as active input from legal personnel in the form of “pre drafting” of some clauses to insert into the new agreement. Co- ordination throughout these negotiations with all Rail Divisions is vital to achieving the best outcome for all members across all divisions. Now more than ever RTBU Members must be totally united across the board.
3. RTBU Delegates Training As a result of a number of new Union Delegates being elected, the union is arranging for Trade Union Training courses through the ACTU for these delegates & proxy delegates. New Delegates training course is to be combined with the rail divisions. This is done so in an attempt to provide delegates with a broader experience and exposure to all work locations and conditions/agreements. Two classes for the year will be conducted with priority given to delegates in the first class. Dates of the courses are arranged ASAP.
4. RTBU Communication Improvements The Resolution arising from last executive to supply officials and delegates with computers / software / printers to aid with better communication with both the members on the shop floor and officials has progressed. Three (3) quotes have now been obtained and officials are conducting due diligence in line with RTBU governance. The issue of approved “protocols of use” of the devices has been raised. Officials to develop Rules/Guidelines/Terms of reference in written form prior to the commencement or activation date of the devices. We are embracing technology to improve the way we communicate with each other and members. This is particularly important in EBA negotiation year.
5. RTBU Picnic Day Plans are being made to formulate a picnic day for RTBU members across all the divisions. Project is still in early planning stages with a view to it becoming a yearly event. A divisional committee has been setup and the Tram & Bus to have two (2) representatives on committee President Mark Teasdale & Brian Penza to represent Tram & Bus Division. Members will be kept informed on progress.
6. Income Protection Affinity Income Protection is now six years old. A review of the circumstances has revealed it is tracking reasonably well, but only 350 members have taken up policies. The RTBU will undertake a recruitment drive to up the numbers in attempt to expand the policy and therefor strengthen it and ensure its viability.
“That the Assistant Secretary’s report be received”
3 Moved: D Garland Seconded: R Farrugia
“Suspension of Standing Orders”
Moved: M Mizzi Seconded: K Sivapalan
GUEST SPEAKERS
Doris Brunetti (People’s Choice Credit Union)
“Resumption of Standing Orders”
Moved: R Keddy Seconded: B Penza
Assistant Secretary’s Report
1. Supplementary Labour Dispute
Yarra Trams commenced reconstruction works at the intersection of Flinders and Spencer Streets on the 2nd January 2015 without fulfilling the legal obligations they inherit from the 2012 Enterprise Agreement regarding the use of supplementary labour at their work sites. The dispute breaks down into three items in dispute. The first is Yarra Trams failed to conduct full and proper consultation pertaining to the use of supplementary labour. The second is Yarra Trams failed to provide the RTUB with any form of written notification or other written requirements as required in the Enterprise Agreement 2012. The third was Yarra Trams failure to fully engage the AO’s Classification and the Driver Customer Service Classification and what inturn then constitutes “Reasonable Steps” that Yarra Trams are required to take prior to the engagement of Supplementary Labour. As a result this dispute was listed for hearing in the FWC on Thursday the 8th of January 2015. At this hearing Yarra Trams immediately made concessions that they were in breach of Enterprise Agreement in regards to the consultation and notification aspects of the dispute. Yarra Trams were also instructed (Without Prejudice) to offer work to the DCS classification in the form of DOC’s for the remainder of the works. The position of the RTBU moving forward in this dispute is to set up a robust and transparent consultation clause that allows issues to be raised prior to the commencement of works, not after, during or at the completion. An agreed template for the notification needs to be developed and used. The real meat of this argument is what constitutes “Reasonable Steps” to fill all work internally prior to the engagement outside. The RTBU believes all reasonable steps to include: 1. Offering work inclusive of DOC’s to CSE’s 2. Offering work inclusive of DOC’s to AO’s 3. Offering work inclusive of DOC’s to Marketing Assistants 4. Offering work inclusive of DOC’s to DCS’s also including where the vacancy created by offering work to a DCS is required to be backfilled by offering drivers DOC’s The RTBU are currently in discussions with Yarra Trams management over this issue and will continue to fight to protect our industry and the earning capacity of individuals who work within this industry.
2. Yarra Trams Personal Leave dispute
4 Yarra Trams had withheld payment from Three (3) Members for personnel leave taken in the month of December 2014. This action of withholding money by Yarra Trams was done despite all three members complying with the notification obligations within the Yarra Trams Enterprise Agreement and NES. (National Employment Standards) The basis from Yarra Trams for this action, was the non-compliance with Yarra Trams internal policy of completing an application for leave form. After an exchange of letters from both the RTBU’s and Yarra Trams legal representatives we are pleased to report all three members have now been paid in full as the withholding of payment for sick leave breaches both the Enterprise Agreement and NES.
Moved: D Garland Seconded: R Farrugia
“That the Assistant Secretary’s report be received”
CARRIED
PRESIDENT’S REPORT
1. PTV HUB Level 2/3 555 Bourke Street Yarra Trams have commenced the consultation process with the RTBU in relation to their proposal of creating a ninth depot in the city which Yarra are calling the PTV Hub. The proposal is for this depot to be located at 555 Bourke Street in Melbourne and occupying Levels two and three of that building. No rolling stock will be housed at this location ever with the depot for staff only. In Yarra Trams proposal level 2 will be for the Operations/Traffic employees. The proposal included plans to move the entire CSE unit, the Operations Centre and Commissioned Officers, Carlton Control and up to fifty (50) drivers on to the second floor Inclusive of Support Staff and Managers for each department. Level three (3) of this new depot will consist of the administration staff currently housed at head office. The proposal is that this new depot will replace two current Yarra Trams work places being EROC and Head Office. Yarra trams did not present fine detail of the move or the ramification to the working conditions for Operations Staff. Yarra Trams were very vague on detail when pushed and it appeared the proposal was lacking substance and planning. Yarra trams proposal has staff arriving at this proposed work site in three phases. The first phase involves the relocation of all CSE’s, Managers and support staff. Also included in this initial phase are 50 drivers, managers and support staff. This initial phase is to commence on April 19th 2015, to coincide with Master Time Table Change 15a. Phase two (2) will involve the proposed move of Carlton Control and Operations Centre at a date to be confirmed Phase three (3) is the proposed move of Head Office and Administration Staff also at a date to be confirmed. Yarra Trams are proposing that up to 500 tram drivers would be mealing at this location. These drivers sign on/off at their respective depot but meal in the city. The RTBU strongly argued this plan is unworkable and unreasonable. Future meetings are being arranged. Members will be kept informed once information is provided.
2. Tram Enhancements
Six modification are currently being undertaken to the C2 class of trams (Bumblebee)
5 (A) Improvements to the headlights / stop tail lights that include an LED replacement. (B) Fitting of a new Driver door damper to alleviate problems keeping door closed. (C) New Driver Seat (trial) (D) Driver console signage to be changed from French to English. (E) External lock to enter/exit tram to be moved to kerb side as well as off side. (F) Auto announcements VPIS – (Vehicle Passenger Information System) to be installed
A trial of the VPIS (Vehicle Passenger Information System) is to be rolled out for 5 “B” class trams. It is hoped that one each of the trial trams will be sent to each depot running B class trams in the system for comment and feedback. The whole fleet of “B” class are to be fitted with the Auto Announcement System with a provisional start date the 2nd April 2015 if trial completed.
3. E - Class The E Class committee has fought for and won the approval for changes to the new class of tram that enhance driver comfort and control layout practicality. Switch layout is being adjusted to enhance the ergonomics of the tram but the major issue is the Driver Seats. Yarra Trams are now investigating a fully adjustable Drivers seat which will be independent of the controller thus enhancing driver comfort. Damian Garland (East Preston) to be added to E-Class Committee in line with the E classes impending arrival at East Preston.
Moved: R Farrugia Seconded: P Altieri
“That the President’s Report be received” CARRIED
DEPOT RESOLUTIONS
Brunswick Depot
1. We the members of Brunswick request that Yarra Trams take into account: a. State Government of Victoria b. Department of Transport c. Safety Victoria Own fatigue management policy when compiling current future rosters. We the MOB feel that this policy has only been paid lip service by Yarra to this policy in time. We insist on this as any future rosters may not be accepted or endorsed in line with fatigue management policy otherwise.
Moved: A Genc Seconded: R Farrugia CARRIED
2. We the members of Brunswick urge the Union Executive to conduct its own independent survey so as to offer further data, from a source other than Keolis. We believe that this may well uncover an alternative and unearth the true level of employee satisfaction with Keolis management style and operational effectiveness of Melbourne’s tram network.
Moved: A Genc Seconded: M Mizzi CARRIED 6
3. We the members of Brunswick totally support our comrades at RTBU Maintenance department, in being paid in parity as do Malvern Maintenance get for work on D-Class trams. This issue must be addressed by the Union Executive ASAP.
Moved: A Genc Seconded: P Altieri CARRIED
4. We the members of Brunswick depot ban the making announcements in the CBD regarding the “Free Tram Zone” until management reinstate customer service employees to the appropriate levels. It’s no secret that Yarra Trams management have deliberately let CSE numbers dwindle. Our jobs is to drive trams safely not create unnecessary distractions. If more CSE were employed then all super-stops in the CBD would be manned keeping the customer service obligations.
Moved: A Genc Seconded: J Smyth CARRIED
Moved to be received Moved: J Anderson Seconded: M Mizzi
5. We the members of Brunswick tram depot request that our union officials refer to and adopt the following resolution dated 27-3-2014 as part of the EBA wish list. “Shift swaps” we the MOB would like our elected officials of the RTBU to discuss the importance of increasing the number of shift swaps that can be made in a single week, we would like this matter to be included on the next wish list EBA 2015
Moved: A Genc Seconded: P Altieri CARRIED
6. We the members of Brunswick are disgusted but not surprised over KDR current practice regarding spare shifts 70% of our shifts are rostered to work beyond 8 hours and yet spare shifts are only rostered to work 8 hours bringing the total for the week to 40 hours. Drivers are not getting paid for time worked over 8 hours. We demand that all spare shifts be rostered to 8 hours and 15 minutes per day that would bring the total for the week to 41 hours and 15 minutes. We request that our Union officials include this matter as part of the 2015 EBA wish list.
Moved: A Genc Seconded: F Damiani CARRIED
7. We the members of Brunswick tram depot call on our Union officials to revert to the original agreement EBA 2000 regarding 90 minute meal breaks. As far as practicable rosters shall be arranged to avoid hours of work beyond nine(9) hours per day on straight shifts & broken shifts. The above is to be read as inclusive of a meal break, it was a clause in our award appendix one 22a, however its mysteriously being ignored by management without the consent of the members. Originally all 90 minutes meal breaks shifts are rostered to a maximum 9 hours 45 mins. We request that our union officials include this matter as part of the 2015 EBA wish list.
Moved: A Genc Seconded: J Anderson CARRIED
8. We the members of Brunswick tram depot request that the payment for traffic fines be increased to reflect current CPI levels. 7 Resolution sent back to be reworded
Moved: M Mizzi Seconded: K Sivapalan CARRIED
9. We the members of Brunswick tram depot would like the following matter put on the 2015 EBA wish list. We want all broken DOC’s to be paid at double time rate(x2) not the current practice of paying the first 3 hours at time and a half (x 1 ½ ) and then double (x2) currently all straight and broken DOC shifts are paid the same. Eg 754 DOC and 753 DOC during weekdays will both get paid the same a total of 14 hours and 30 minutes. 753 DOC time spent at work 9 hours. 754 DOC time spent at work 12 hours. There is no incentive when doing broken DOC shift.
Moved: A Genc Seconded: B Penza CARRIED
10. We the members of Brunswick tram depot are outraged at Yarra Trams action in standing down a member over his driving posture. We believe this is another example of the corporate intolerance that exists in Yarra Trams attitude towards its employees, whilst Yarra Trams people managers can bring vexations disciplinary charges against our members and in some cases even assault them seemingly with impunity, our members are given the most severe treatment over the most trivial matters. We demand Yarra Trams reinstate driver Rodney Bradshaw immediately and urge our union officials to take action over this matter.
Moved: A Genc Seconded: D Garland CARRIED
11. We the members of Brunswick tram depot are disgusted at the gutless conduct of Yarra Trams team managers who cling to their union membership (RTBU) while diligently following the corporate doctrines of Yarra Trams and actively breaking union rules. This is clearly a conflict of interest. We urge our union officials to do all they can to remove this tumour from our ranks. Members afraid of managers is tyranny. Managers afraid of Members is liberty.
Moved: A Genc Seconded: R Keddy Moved to be received Moved: P Altieri Seconded: J Anderson
Kew Depot
1. We the demand that management provide the standard guide for defective tram run out. We the members of Kew depot reject the current guide posted in the depot, which is a page from the old refresher program, which is no longer a valid document.
Moved: F Damiani Seconded: R Farrugia
2. We believe that Yarra Trams safety management system should have a guide compatible with the standards of other road & rail vehicle. Failure to act on this will result in the refusal to run out trams which are not to the standard of other roads & rail vehicles.
Moved: F Damiani Seconded: D Garland
8 3. We the members of Kew depot demand that all driver/cse members are permitted to wear any items of uniform they are issued with including shorts whilst on duty as customer service employees.
Moved: F Damiani Seconded: B Penza CARRIED
4. We the members of Kew depot demand Kew management to act on the issue of the tram sway. We demand to review the tolerance levels for wheel profiling. We demand management work with the OHS representative of Kew Depot to make improvements failure to act on these issues will result in further action by the members.
Moved: F Damiani Seconded: M Tocci CARRIED
5. We the members of Kew depot demand Kew Management to rectify the defective air conditioners of all A-Class trams in the depot, failure to take action in this regard will initiate further action including encouraging the OHS representative to issue a pin notice as directed by the OHS act.
Moved: F Damiani Seconded: K Sivapalan CARRIED
6. We the members of Kew depot demand Kew Management to stop allocating air conditioned defective C-class trams for service immediately. Any air conditioner defects developed during service must be changed over or run-in at the first opportunity without passing the depot.
Moved: F Damiani Seconded: C D’Rozario CARRIED
Essendon Depot
We the members of Essendon depot are angry and disgusted by Yarra Trams management at the proposal of using forced transfers upon our members at Essendon to other depots once the new April roster has been completed and is clear how many tables Essendon will lose, we call upon the RTBU to take strong action with the depots affected and furthermore to take up these bullying tactics by Yarra Trams with Transport Minister the Honourable Jacinta Allan for a solution to our problem.
Moved: R Farrugia Seconded: A Genc CARRIED
Deaths
Christian Williams Brunswick Depot
GENERAL BUSINESS
Damian Garland spoke of tram movements into and out of Preston Workshops Redevelopment without appropriate training being provided for the new roads.
MEETING CLOSED: 15:57 PM
9