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WWW.TRANSPORTEDGE.ORG.AU - Phone: 0499 011 307 or 0400 041 956 - Work Assistant 1 REV UP - 2018 TRANSPORTEDGE INC REV UP Spring Edition 2018 EXTREME RIGHT-WING INDUSTRIAL RELATIONS POLICY AIRED AT NATIONAL BUS CONFERENCE A nasty and evil wind of extreme right wing Industrial Relations policy is blowing in the direction of all Bus Dri- vers following the recent Bus Industry Confederation and the Australian Public Transport Industrial Association National Conference. The conference witnessed the airing of some very nasty and evil extreme right-wing Industrial policy – that is aimed at driver’s representation, that if acted upon by your employer, will make it very diffi cult for employees to have effective workplace representation – other than initiating proceedings in the Fair Work Commission Drivers on reading this story will understand that workplace representation in the workplace is under threat as are your bargaining agreements. The need for drivers to become members of TransportEdge Inc. is an absolute must, if drivers are to be able to withstand the coming attack on your workplace rights to representation in the workplace and your enterprise bargaining agreements... STORY CONTINUES.... IN THIS EDITION 3 | From My Desk - Secretary Reports 4 | Worplace Bullying - A Workplace Problem 5 | Know Your Workplace Rights 6 | Education Series Understanding the difference between various Wage Increase Mechanisms 8 | Driver Determination - A Necessary Force 9 | When NOT to drive a Bus 11 | Swan Fatigue Management Policy 12 | Transdev Bargaining CHRIS PATTON THIS IS A RETURN TO GRASS ROOTS COLLECTIVE UNIONISM 2 REV UP - 2018 STORY CONTINUES The advice provided by Ms. Unions have right-of-entry privileges to talk to Grace Collier, Columnist to the conference explains workers, but these do not extend to talks with how she runs an EBA and she quotes a conversa- management. Managers can decide not to meet tion she had with a Fair Work Commissioner, where union officials, and instead spend the time the Commissioner provided his opinion that Enter- talking to their staff and building strong, direct, prise Bargaining is dead. employment relationships. When asked the question: Employer suggested bargaining strategy “How do you deal with an employee The advice to the conference was: workplace representative who keeps raising On the day the employer issues a notice of repre- issues in the workplace”? sentational rights also provide the employee with a copy of the proposed agreement. The answer provided: “Just do not talk to that person, ignore them Immediately following and over the next 20 days and if a Union representative turns up “Don’t talk to ensure that each employee to taken individually them either.” taken into a room, where the employer explains the Agreement. Following the explanation have the em- Collier explains that Unions may have a right of ployee sign paper work acknowledging receipt of the entry in your workplace – but an employer does proposed agreement and that the employee has had not have to talk to the Union if it chooses not to. the full agreement explained and understood. If approached by a Union representative tell them you will talk to the employee who has the problem. Once that process is complete send the proposed Ignore them. agreement to ballot In a Collier article of 12th August 2018 If the Union attempts to bargain or become involved Management can ignore unions and deal then arrange a meeting well away from the workpla- directly with staff. ce and have the employer bargaining agents meet Collier states: In times gone by it was difficult to with employee bargaining agents. exit the bargaining system, but in the past couple Agree to nothing. of years all this has changed. Key legal decisions show that companies can let their enterprise bargai- Talk directly to your employee and ignore their re- ning agreements expire, then apply to the Fair Work presentatives. Commission to have them terminated. As can be seen this approach to Industrial Relations Agreement termination is an approach to smash organised labour. Agreement termination applications are the fastest if employees take strike action then these employers growing trend in the IR sector. Anyone can go to the intend to prosecute for breach of the Fair Work Act FWC website, fill out the form and lodge it. 2009 and commence actions for damages against the worker representatives – who is to held respon- A few years ago, terminating an agreement was un- sible for employee strike action. heard of, but more than 500 terminations occurred last year. Worker Resistence Essential Drivers need to quickly organise their workplaces After an agreement is terminated all workers are and become active daily to ensure this extreme returned to the relevant award and can be paid on right-wing Industrial and Political madness towards individual contracts, at above award rates, if the employees and their representatives is resisted. employer chooses. TransportEdge Inc. will be hosting a number of In rare and extreme circumstances, employers can training seminars in the coming months to further be compelled by their workforce to bargain. If this explain this new threat and how as drivers we can happens, managers can send external best defend your rights and entitlements to fair “bargaining agents” to meet the union offsite and no wages and conditions of employment with a safe one can be compelled to make any offer or sign any workplace. agreement. No employer can be forced into entering Become involved and join TransportEdge Inc. for an agreement. front line resistance. G.W. Ferguson - Secretary Further, there is no imperative for any business to meet or deal with any unions as part of their business operations, regardless of how many employees are union members. 3 REV UP - 2018 FROM MY DESK - SECRETARY REPORTS It is with pleasure that I can report on behalf of Association President Peter Quinn and Management Committee members working behind the scenes as we continue to grow in number and organisation in which we can all take pride in building. The Association came into being in November 2016 and commenced operations some 18 months ago – based upon an idea of creating an organisation in support of Transport workers who had become frustrated with the TWU and wanted an organisation that would genuinely work on their behalf in representing their em- ployment interest. Central to the idea is to provide members access to quality training to rebuild and reorganise their workplaces into a workforce of considered thought towards safeguarding, protecting and advancing workers collective interests. Our beginnings were to build an organisation of workers who would take up the struggle; and we found se- veral Bus drivers -on their own -out there – having a go. Non-so more than Beckenham Depot driver Walter Parker organising his mobile protest Notice Board to allow drivers to post and read information about driver negotiations for a replacement enterprise Agreement. Walter was then threatened with Dismissal. TransportEdge then commenced actions against Swan Transit in the Federal Court alleging Swan actions amounted to threatening behaviour because Walter was engaged in lawful industrial activities John Fawkes was also threatened with dismissal for distributing TransportEdge Inc. material. John and Wal- ters cases were heard last September 2017 before Judge Luciv Federal Circuit Court -Perth. WE await the decision The Association would not have succeeded if it was not for the spirit of drivers like Walter Parker and John Fawkes – from the few we have grown to the many. AS our membership numbers grow within the Bus Industry each day we are getting closer to being able to register the association under Registered Organisations Act 2009 and have the full status as would a Trade Union. Drivers interest are managed by the Bus Division Committee of Management headed up by Chris Patton as Chairman/Convenor with Lee-ann Munday as “Minute Secretary” to name just a few. The Bus Committee is pleased to enclose your membership card and membership badge – wear it with pride! Hope to see you all at the East Metropolitan Drivers and Family Breakfast in the Park - 16th September 2018. Proudly sponsored by TransportEdge Inc and supported by members - working for members. G.W. Ferguson - Secretary 4 REV UP - 2018 WorkplaceWorkplace BullyingBullying A Workplace Problem TransportEdge seeks independent investigation “The following story is one that has again demonstrated that Path Transit senior management take a mature approach to workpla- ce issues effecting company employees and will listen to emplo- yee concerns, seriously seeking to resolve matters via good open communication between itself and the employee and employee representative” PATH TRANSIT AGREES THE BALWINDER SINGH STORY From time to time drivers contact TransportEdge Inc. for advice relating to being bullied in the workplace. These complaints are rarely to do with the behaviour of employees towards each other, but more often than not, the complaints relate to the behaviour of a supervisor, a co-ordinator, a depot manager and even a State manager towards an employee, as is the case in another case TransportEdge Inc is monitoring at the moment within another bus company presently. In this case Path Transit employee and TransportEdge Inc. member, Balwinder Singh has been a victim of ma- nagement personals bullying behaviours. The complaint provides details of events and circumstances over a two-year period. Events of the 11th June 2018 in the workplace when dealing with a serial management offender impacted on Balwinder state of mind – anxious and stressful – a feeling of worthlessness imposed by the Bully that Balwinder had to seek medical assistance. Upon lodging his workers compensation claim, Balwinder was advised that the company was seeking to inter- view him as his injury claim related to possible workplace bullying and that the company would investigate the matter.