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. Upon hearing the news TransportEdge Inc. provided advice to Balwinder and then provided representa- tion at a meeting with the Depot Manager and State manager; James Edminston.

As discussion progressed Path was made aware by TransportEdge Inc. that it would be totally inappropriate for Path management to investigate its own actions; and such an investigation process was flawed and placed risk upon transparent investigation. Within the discussions surrounding independent investigations TransportEdge advised that a worker such as Balwinder had a right to an independent investigation within the Occupational Health and Safety 1984 and also within the Worksafe Code of Practice

INDEPENDENT INVESTIGATION ESTABLISHED

Shortly after discussion concluded and the meeting adjourned on the point of “Independent Investigations” or Path Investigations, Path State Manager contacted TransportEdge advising that Path would appoint an inde- pendent investigator to carry out the investigation. Balwinder was extremely pleased with the result thanking TransportEdge for its work - help and assistance throughout the matter including assistance with completing workers compensation paper work.

TransportEdge Inc. has assisted the independent investigator by providing copies of correspondence related to Balwinder complaint. We now await the conclusion of the investigation If you are Bullied in the workplace - Call TransportEdge Inc. for advice and assistance 0400 041 954 5 REV UP - 2018

KNOW YOUR WORKPLACE RIGHTS

Workcover WA clarifies requirements on Worker choice of treating medical practitioner and Employer attendance at medical consultations.

WORKER CHOICE CASE CONFERENCES OF TREATING DOCTOR Case conferences and less formal telephone con- versations, are the appropriate forum for employers Injured workers have the right to choose their own to engage in discussion on return to work issues treating medical practitioner for the purpose of medi- with the injured worker’s treating medical practi- cal treatment and initiating a worker’s compensation tioner. A case conference is a planned and colla- claim. borative approach to discuss a worker’s recovery, capacity to work and to develop a “Return to Work Employers may recommend a medical practitioner Program” to the worker. However, an employer or insurer should not require or coerce an injured worker to Case conferences are not medical consultations but attend a medical practitioner nominated by them for are meetings which encourage open communication the purpose of the medical treatment of a workpla- between the parties in the return to work process. A ce injury and the worker obtaining certification for case conference can occur face to face, by phone claiming compensation. or teleconference between those involved in the injury management process, including the worker, There are alternative legislative arrangements for employer and the treating medical practitioner. medical review of workers by a medical practitioner nominated by the employer or insurance company. MINISTER JOHNSON EMPLOYER ATTENDANCE MEDICAL - LAW REFORMS CONSULTATIONS WORKERS COMPENSATION “There is no legal or operational basis for em- ployers or their representatives to be present Recently we saw the passage into law from 1 July during a medical consultation between an inju- 2018 of the Workers Compensation and Injury Ma- red worker and a treating doctor” nagement Bill 2017. This law reforms workers com- This applies even when treatment is recommended pensation in several important ways. For the first or facilitated by the employer. time in WA defacto partners of workers will have the same access to compensation as married spouses. Employers have a legitimate interest in the health Further the laws will greatly increase the level of and safety of their workforce and may offer to assist compensation that families of workers killed through workers seek immediate medical treatment. Emplo- their job may receive, up from $308,339 to $570,767 yers are also interested in injured workers capacity as well as improved child allowance up from $58.90 for work and return to work options, which may a week to $135 a week. involve interactions with medical practitioners.

“This does not extend to being present in the medical consultation between the worker and the treating medical practitioner” There are alternative arrangements for engaging CALL TODAY 0400 041 956 - FOR ASSISTANCE with the workers treating medical practitio- - OR EMAIL [email protected] ner without compromising a worker’s privacy, Our final comment is that when workers come together and com- including contact with the medical practitioner mit to supporting each other – the powerful force of collective following the consultation or through case con- action, with purpose is formed, to be the engine of change. ferences. 6 REV UP - 2018

EDUCATIONAL SERIES

UNDERSTANDING THE DIFFERENCE BETWEEN VARIOUS WAGE INCREASE MECHANISMS

The ABS Feature Article (October 2005) – Comparison of ABS measures of employee remuneration is helpful. We learn that the WPI measures: The WPI series is more stable than the other series. Unlike the other series, the WPI is specifically designed to provide movement estimates of the changing price of labour. The WPI is unaffected by changes in the quality and quantity of work performed, such as changes in the composition of the labour force, the number of hours worked, or the characteristics of emplo- yees. The WPI only reflects changes which are a response to market prices and so provides a pure measure of wage inflation. The WPI is therefore recommended when measuring changes in wages.

In contrast to the WPI: In contrast to the WPI, the estimates of movements in AWTE and AENA … show considerable vola- tility. Unlike the WPI, these two measures are affected by factors such as compositional change and hours worked. So Average Hourly earnings indicates the wages bill but “may be affected by changes in weekly hours worked (or paid for) and by changes in the composition of jobs in the workforce.” It is a broader measure and also includes “allowances and redundancy payments”. For example, if hourly rates of pay are steady but workers are moving from lower to higher paid em- ployment, then the Average Hourly earnings measures will rise, whereas the WPI would be unchan- ged. The RBA Graph 3.20 shows both measures (and some additional measures to be discussed below). They have used a 9-quarter centred moving average for the Average Earnings Per Hour to smooth out the volatility and allow us to see the underlying trend movement

The red line is the growth in minimum wa- ges set by the Fair Work Australia across various industries (the Award wage). The rise in the last year reflects more positive minimum wage decisions as part of a catch up for the previous shocking decisions in 2007- 2009

The yellow line is for the “Enterprise bargai- ning agreements”, which the RBA note that:

Average, annualised wage increases for new EBAs have declined notably over the last year. AS EBAs have an average duration of a little over three years it is expected that average wage growth for those EBAs will slow as current agree- ments are replaced by new agreements that have lower wage growth. 7 REV UP - 2018

The next graph plots the raw data from the annual growth in WPI and the Average Earnings Per Hour from the September-quarter 1998 to the September-quarter 2017 to let you see what the movements per quarter have been The conclusion is clear. Using Average Earnings Per Hour, the growth in wages has been far worse than disclosed by the reliance on the WPI as the indicator.

The situation is worse when we consider real wage movements – that is, considering movements in the inflation rate.

The following graph plots the annual real wages change in terms of WPI and Average Earnings Per Hour from the December-quarter 2008 (start of the crisis) to the September-quarter 2017.

Both real wage measures showed positive growth in the period after the onset of the GFC, which was the period that the Federal government in Australia introduced its rather large fiscal stimulus and prevented the economy from going into recession. In that period, real wages growth was fairly close to productivity growth. However, the situation deteriorated after 2012, when the federal government abandoned its stimulus and claimed it had to pursue austerity to generate a fiscal surplus. All they succeeded in doing was reducing economic growth and pushing up unemployment and underemployment, which not only prevented the fiscal deficit from falling (as a consequence of on- going growth) but also created the conditions for suppressed wages growth.

While real wages in WPI terms have been barely growing for the last 12 months, and have been negative in the March and June quarters of 2017, real Average Earnings Per Hour have declined substantially for four successive quarters up to the September-quarter 2017 (latest data).

The Average Hourly Earnings measure is affected by ‘compositional changes’ in the labour market (hours, gender, industry shifts etc).

… there have been broad-based declines in wage growth outcomes for the majority of workers who have remained with the same employer in recent years. The gap between the lower wages of those entering into employment and those already working has widened. The share of workers changing employers has been at a low level in recent years and the boost to earnings from changing jobs has declined since the mining b oom. These are the compositional shifts that the WPI will not pick up (by construction)

In other words, at a time when mass unemployment remains at elevated levels and underemplo- yment is a chronic problem, workers who are not shifting workplaces are being forced to take low or zero wage increases. And, while firms that are growing and taking on new staff might are taking advantage of the relatively weak labour market conditions to offer “lower wages” some movement between firms might be at more favourable wage outcomes.

So, the only way a worker can achieve some growth in real wages in Australia is to change their employer. But as the RBA notes, there have been a “low level” of such movements due to the weak labour market. 8 REV UP - 2018

DRIVER DETERMINATION DRIVER ORGANISATION A NECESSARY FORCE IS SO CRITICAL

There is much to achieve To change bad laws

Become involved in creating an organisation that fully supports bus driver interests.

TransportEdge Inc has grit and determination to achieve change

G.W. Ferguson

Driver organisation is critical if drivers are to achieve any gains going forward to bring about the necessary change to workplace laws. Laws that support driver’s ability to be treated fairly in the TO BRING ABOUT CHANGE workplace and a workplace SO IMPORTANT where drivers have an active say on operational employment Drivers and Australian Workers generally have been issues with trained representati- doing it hard for a number of years with wage growth ves is a must! at all time low levels whilst corporate business profits remain at high margins. The neo liberal economic poli- DON’T HAVE A BADLY cy and political philosophy of the wealthy reinforced by the legislation of the so called “Fair Work Act 2009” in ORGANISED WORKPLACE combination have severely weakened worker organisa- tions ability to defend workers interests.

The move away from central wage fixing policy and the pre- Badly organised workplaces are vious Award system into a system of enterprise bargaining where workers remain as indivi- has been used as a tool to weaken effective employee com- duals and are not actively invol- bination – restricting worker activities to their own individual ved in seeking change and are workplaces, weakening the ability of workers to collectively unlikely get no change; left to campaign for change and protest against unfair employer accept whatever the Bus Com- actions and government employment laws. pany decides to enforce upon them or their representatives No more can it be said that the Fair Work Commission is a accept. worker’s court of conciliation and arbitration of disputes. It This is reflective upon the cu- has become a lawyer’s paradise of process and procedure; rrent TWU failure to effectively supported by laws that have tipped the balance so far in organise drivers into a solid uni- favour of the employers that it serves workers poorly; and is ted force in seeking change in the enforcer of social policy to control and keep in place the current negotiations with Trans- social order that the neo liberalism politic demands dev. See Transdev article 9 REV UP - 2018

TOP STORY WHEN NOT TO DRIVE A BUS

Without doubt and on a daily basis, the overwhelming majority of bus drivers display their skill and professionalism within the public transport industry. Bus Drivers negotiate a variety of driving situations from busy intersections, narrow suburban streets, road works and inner-city traffic, etc. Controlling a large heavy vehicle and all of this while supplying customer service to passengers

When consideration is given to the challenges of the va- rious driving situations a bus driver negotiates in the course of a shift and considering the amounts of kilometers trave- led and the time spent on the road, overall the number of incidents and/or accidents are very few.

This of course would undoubtedly be challenged by the operating companies, who carry on as if the world is coming to an end should a driver have a minor mishap and damage a bus, even microscopically, but then the company is only worried about the insurance premiums.

“Bus driver must be aware of when operating a heavy vehicle the law and the possible liabilities that could apply’

Disregarding the nit-picking company management, there is something else extremely important that a bus driver must be aware of when operating a heavy vehicle on the road and that is the law and the possible liabilities that could apply should a bus driver become involved in an accident that unfortunately not only damages property but also injures people.

What is referred to here is not what is generally described as traffic accidents, but accidents that can occur should a bus driver knowingly drive a defective bus on the road and has an accident which results in injury to persons. 10 REV UP - 2018

THE LAW away from the bus stop. What if a school child had dropped their smart rider in the gutter and Road Traffic (Vehicles) Regulations 2014 bent down to pick it up as the bus was moving Part 10 off or an elderly person had slipped exiting the Standards and requirements for motor vehi- bus with part of their body in a position which cles, trailers and combinations. General safety would be hit by the bus as it was moving off. requirements. The bus driver had made a conscious decision to drive a defective vehicle and that decision S. 243. Motor vehicles and trailers to be pro- could have serious consequences that had the perly maintained. real possibility of turning that now bad day into (2) A motor vehicle must - a disastrous day. IT COULD ALL BE AVOIDED (a) be in a condition that enables it to be driven safely; and When the bus driver contacted the depot by (b) be in a condition that is unlikely to occasion un- radio to report the broken mirror and regardless reasonable annoyance to any person or of what the coordinator or supervisor was su- damage to any property; and ggesting to the driver, there was only one safe decision the driver could have made, which (c) have all of its parts in a serviceable condition. was to request a change off bus in order to complete that final trip of their shift. (5) For this regulation, a vehicle is not in a The difference between the two decisions condition that enables it to be driven or towed safely is that the request for a change off would’ve if driving or towing the vehicle would endanger the meant the driver getting home a few minutes person driving or towing the vehicle, anyone else late and of course some paperwork with the as- in or on the vehicle (or the combination of which it sociated visit to managements office, compared forms part) or other road users. to months and even years of exhaustive legal proceedings. AN ALL TOO COMMON SCENARIO The bus driver is the person who has the final A bus driver is completing the last trip of their say if or not a bus is safe to be driven on the shift and as approaching and pulling into a road and regardless what a company’s mana- bus stop, the near side or kerb side mirror only gement team says or infers the law is on the just hits an object and breaks. The driver has driver’s side when that driver decides to exerci- previously negotiated a million such bus stops se his or her rights with regards to safety. without incident, but on this occasion his or her judgement was out by just half a millimeter and If ever a bus driver is concerned about the the day has gone from ordinary too bad in a condition of a bus with regards to safety, play it second. safe and refuse to drive that bus and request a replacement. The driver calls by radio to the depot and re- ports the broken mirror and after consideration Always do a thorough pre-departure decides to proceed with caution to the comple- check of the allocated bus before leaving the tion of the shift then back to the depot and then depot. home for the day. If at any time during the course of your DANGER shift an incident or accident happens which ren- ders any part of the bus inoperative and which The driver is now completely blind down that has safety implications, do not drive the bus but side of the bus. The driver cannot see by how request a change off. far away a cyclist is after passing, before re- verting back to the normal position in the traffic If at any time during the course of your lane, nor can the driver ensure the safety of shift a fault occurs with the bus that has safety any passenger, young or old, which has exited implications, safely stop the bus and request a the bus through the rear doors before pulling change off. 11 REV UP - 2018

If a fault identified with a buses stee- ring, brakes or suspension, immediately stop SWAN FATIGUE the bus. Do not drive it, request a change off regardless of what is suggested to you from a MANAGEMENT POLICY depot. SWAN USE BULLY BOY TACTICS Parts of a bus which must be operative without fault: A Bully boy manager of Swan – stood down steering, brakes, suspension, lights, indicators, workplace representative John Fawkes from duty mirrors, windscreen, windscreen wipers, dri- some months ago – all because John continued ver’s seat and instruments to ask questions about the company revised fatigue management system; and that policy THE COMPANY THAT YOU WORK application and inter actions with the current Swan Industrial Agreement 2017. FOR WILL ALWAYS LOOK AFTER ITS This cowardly attack upon Johns livelihood with SELF INTEREST. threats of dismissal, was a calculated attack on PLAY IT SAFE AND LOOK AFTER John which has impacted upon Johns health as he now fights his workers compensation claim for YOURSELF INTEREST stress and anxiety caused by the Swan mana- gers. Bus Drivers go to work in order to provide an income to support themselves and their family The attack against John was an attack on the and the industry they are part of has a res- driver’s representative – it amounts to an attack ponsibility to provide safety in the operation of on drivers ability to select a person, amongst heavy vehicles. their ranks, to liaise and seek answers to ques- The front line of that responsibility rests with tions and issues. the Bus Driver who is responsible for the safe operation of the heavy vehicle which they are in The investigation will reaveal the answer. charge of. Both of these incompetent managers have If a Bus Driver is found by law to be negligent been referred for investigation for workplace in the safe operation of a heavy vehicle which bullying with the Chief Inspector of Worksafe causes injury to persons, that Bus Driver risks notified and provided with the necessary back- the ability to support themselves and their ground of the matter. family. John Fawkes is attempting to deal with the It is all to easy to dismiss this possibility as matter in house via the depot occupational heal- being to cautious or its unlikely to happen to th and safety officer. The company occupational me. The problem with dismissing this possibility health and safety officer has been copied into the is that it does not remove a Bus Drivers respon- necessary correspondence to enable the depot sibility and if they are involved in an accident OH&S representative to be provided with the which causes injury and an investigation finds necessary resources for him to complete his res- that there was an unsafe operation of the heavy ponsibilities without fear or favour. vehicle, the driver is going to be in a lot of trou- ble legally. The treatment John received at the hands of Swan is in line with the extreme right-wing In- If a Bus Driver experiences a reluctance, by dustrial relations aired at the recent National Bus their employer, to allow the resources in order Conference as reported by Rev Up. to fulfil their responsibilities in the safe opera- TransportEdge Inc and our lawyers are repre- tion of heavy vehicles, please contact Transpor- senting John presently in proceedings before tEdge Inc. WorkCover as well as seeking the above to be investigated and acted upon. 12 REV UP - 2018 TransdevTransdev BargainingBargaining Secretary Report “TransportEdge Inc. has attended three bargaining sessions in recent times and is appalled at the confusion and lack of focus at negotiations from TWU and driver representatives.”

We have quietly listened to the discussion and been horrified at the lack of skill and ability of TWU re- presentatives to focus negotiations towards an outcome. It has become clear that the TWU is asleep at the wheel with negotiations veering out of control, destined to become a wreck as negotiations hit the wall.

TWU and driver representatives remain unable to reach a consensus on what to negotiate. They could not even decide if it should be a 5-day Mon- Friday – arrangement or Mon –Sat arrangement. Remembering these negotiations have been going for months and months, plus the other important claims of employees were being lost in the maize of unfocused discussion.

Whilst we listened to confusion whilst we awaited Transdev to provide to the TransportEdge reques- ted data for analysis such as number of week day hours – weekend hours – split shift hours, etc; in order to analyse the cost structure and wage structure – against other Bus Operators who currently operate under tender under Public Transport Authority contracts

TransportEdge heard first hand from Driver representatives stating that the rostering practice of pro- viding shifts on Sundays to casual employees needs to stop; and that any agreement to be reached will allow for permanent employees first opportunity to an additional (over-time) shift.

The TWU negotiators also pushed the issue – only to be told by Transdev has a responsibility to pro- vide opportunity to its casual employees as they have limited hourly employment during any week.

“The TWU said no more on the issue to Transdev stated position”

Following that negotiation TransportEdge Inc. has since advised Transdev that they are breaching casual employee’s rights to be paid minimum Award wages when working a Sunday shift and that we expect Transdev to quickly correct the situation. 10 DRIVERS = NO BARGAINING POWER! Award Rate Sundays Transdev Sunday Underpayment Casual employee Casual employee per hour “Transportedge Inc was considering removing $45.76 per hour L2. $37.87 $7.89 its self from the bargaining table representing L3. $39.19 $6.57 10 drivers within a company agreement that L4 $40.53 $5.23 will apply to some 900+ drivers”

However, in the end TransportEdge decided that we would prepare an achievable claim – following our analysis of available data; and prepare a fully drafted proposed agreement in line with discussion held with those drivers TransportEdge Inc represents within the bargaining negotiations.

At the 27th July 2018 negotiation session was the opportunity for TransportEdge to put into action its bargaining strategy which had four (4) important aims to achieve if TransportEdge Inc was to become a bargaining force to negotiate the achievable. OUR FIRST AIM Was to seek to draw out a response from Transdev regarding providing for a 5th Week of Annual leave by placing our comparative analysis between Transdev and one of its major competitors on the table 13 REV UP - 2018 OUR SECOND AIM Was to place our working draft proposal on the table – fully drafted proposed agreement –negotiation document. To allow drivers a full opportunity to see what TransportEdge Inc. as a bargaining agent has placed before Transdev and other bargaining representatives OUR THIRD AIM Was to demonstrate to drivers that at a minimum a 5th week of annual leave can be achieved or in the alternative an increase to Saturday loadings. There is at least the equivalent of 2% of base wage entitlements that can be clawed back whilst keeping Transdev in the tender process of PTA contracts OUR FOURTH AIM Is to gain driver support for our campaign of improvement by having drivers joining TransportEdge; and providing their bargaining authority. More drivers = more bargaining power! OUR APPROACH The approach taken within this bargain is to achieve several improved outcomes, which are achieva- ble; and within a level that assists keep the Industry Employment standards in balance and ability for the company to be competitive at tender.

Our claims are not excessive and within the bounds of acceptance providing improved working arran- gements by: Maintaining present levels of permanent full-time employment; and Increasing the levels of full time permanent employment; By providing five (5) weeks annual leave;AND Assist balance work and family time; via new proposed Monday – Saturday, 5 in any 6 days Rostering principles; ALLOWING Permanent employees’ equal access and opportunity to additional weekend Sunday overtime shifts, WITH Changes to casual employment arrangements.

“With driver support for our approach this bargain can proceed quickly towards agreement, provided drivers allow TransportEdge to be their bargaining agent and show determination with grit to achieve the best result.” WHAT YOU CANNOT WIN ON THE BATTLEFIELD - CANNOT BE WON AT THE NEGOTIOATION TABLE

In the coming weeks and possibly months TransportEdge can only wait and see if drivers are or remain content with the TWU non-performance. “It just a matter of time” It just a matter of time or a no win or change agreement with drivers hopes for improvement down the drain. Award Rate Sundays Transdev Sunday Underpayment Casual employee Casual employee per hour The normal TWU approach is to drag out negotiations over many $45.76 per hour L2. $37.87 $7.89 frustrating months allowing drivers to be convinced by the employer L3. $39.19 $6.57 that their claims are not achievable. L4 $40.53 $5.23 When this process of frustration is over and drivers have lost confi- dence in their ability to negotiate change the TWU will then move to accept the proposed agreement and on the terms Transdev demands.

POORLY ORGANISED WORKPLACES All of the failings of these negotiations are related to ONE Point - the failure to have a properly organised workplace.

The current carry on just does not occur with well organised workplaces and well organised representatives A SAD STATE OF AFFAIRS – Transdev drivers have neither. 14 REV UP - 2018

PATH TRANSIT - ALLEGED OFFENCE COMMITTED TO BE REFERRED TO TRIBUNAL

TransportEdge Inc. has forwarded correspondence to Path Transit State Manager, Mr. James Edminston requesting Path to refer a Welshpool Occupational Health & Safety representative for an alleged breach of the occupational Health and Safety Act to the Tribunal. The request also seeks to have this representative removed from his role as an elected representative in the workplace

THE SIMRAT BRAR STORY In February 2018 Path driver Simrat Brar was approached by a Path Transit Bus Supervisor who directed Mr. Brar to turn off his engine, stating it was against PTA policy to run the engine, whilst stationary for longer than 3 minutes. It was a hot summers day and Mr. Brar was waiting to commence his next service decided to keep the engine running to manage the air temperature within the bus for his own personal comfort and safety the comfort/safety of passengers soon to board.

Upon hearing the request Mr. Brar advised of his understanding of the Occupational Health and Safety Act regulations concerning Air temperatures regulations, with the Supervisor just repeating his song and dance about PTA Policy. Mr. Brar then corresponded with Path and placed complaint (Air Temperatures) against the Supervi- sor who was also an elected Occupational Health and Safety representative for the Welshpool site.

Path State manager via Area Manager Ian Kerr then provided advice to Mr. Brar that Path Transit was not responsible for the OH&S representatives actions, stating his actions were governed by the OH&S Act, not the company. Path Transit then referred Simrat to section IV of the Act which deals with situations where OH&S representatives can be disqualified from their positions.

Simrat then proceeded to correspond with the OH&S representative outlining his concerns about working in temperatures and the regulations of the Occupational Health and Act. Simrat in his correspondence also gave practical advice to the committee for consideration and decision which would have assisted in creating a Safer workplace whilst applying common sense to each situation as it presents regarding exposure to high heat stress situations and the need for drivers to be alert and functioning at full capacity in providing safe transport for passengers. The correspondence requested the matter be referred to the next Occupational Health and Safety Committee for consi- deration.

Months passed with no advice from the OH&S representative or any minutes of meeting available for Simrat to read and to discover the result of his issue from the OH&S Committee.

On advice from TransportEdge; Simrat emailed Path requesting a copy of each monthly meeting of the committee that had been held since his issue was lodged with the OH&S representative for referral to the Committee for their considerations. The minutes revealed Simrat issue had been referred to the committee.

“THIS IS A SUBSTANTIAL BREACH OF THE OH&S REPRESENTATIVES RESPONSIBILITIES” 15 REV UP - 2018

The Act directs Mr. Brar’s com- plaint is dealt with in accordance with section 24. An Enterprise Agreement is a Two Way Street.

From a reading of the Act it What happens if the emplo- parts, if agreement is first rea- appears that the OH&S repre- yees allow the employer to ched between the Employer sentative has committed an introduce workplace policies and Health and Safety Re- offence and can be disqualified that breach a term of a cu- presentatives, a list of ‘accep- from office in accordance with rrent agreement or an em- table toilet breaks’ for each Section 34 (1)-(c) of the Act for ployer doesn’t honour parts route operated by that depot. his failure to place the “issue” of an agreement; and the employees don’t challenge Do Swan Transit bus drivers before the Occupational Health the employer to honour those have scheduled toilet breaks and Safety Committee. parts of an agreement. within their shifts? TransportEdge Inc, on behalf of When we have a look at the If not, why not? Simrat has now corresponded most recent agreement in with Path Transit requesting TransPerth bus operations Firstly, Swan Transit bus Path to refer the alleged Offen- which would be the Swan drivers need to talk to their ce against the s.24-(3) of the Transit Enterprise Agreement Health and Safety Reps and OH&S Act to the Tribunal and 2017. get them to get a list of ac- seeking Path to seek the ceptable toilet breaks agreed removal of the OH&S repre- Clause 7.3 of this agreement to by Swan Transit depot states: management. Then those sentative from the position in bus drivers have to approach accordance with Section 34 (1) “There shall be a break of 10 Swan Transit to schedule (c). hours from the completion of those toilet breaks into the one day’s duty and the com- applicable shifts. THE REGULATIONS mencement of the next day’s – AIR TEMPERATURE - reg duty”. If Swan Transit does not wish 3.15 to honour this clause in the Earlier this year Swan Transit agreement then bus drivers The employer must ensure – introduced a revised Fatigue do have avenues to pursue, in (a) that work practices are Management System which order to have the agreement arranged so that employees aims to reduce the 10-hour honored. break between daily shifts, to are protected from extremes of possibly 8 hours if operational Rest assured that an Emplo- heat and cold; and requirements necessitate, on yer will enforce its rights wi- (b) I the workplace is a building a voluntary basis. This reduc- thin an Enterprise Agreement. or structure that, as far as prac- tion in hours of rest between ticable, heating and cooling are shifts could not only have If Employees do not enforce provided to enable employees serious safety implications but their rights within agreements, to work in a comfortable envi- is also at odds with clause 7.3 they will inevitably loose those ronment. of the agreement. rights when negotiations be- gin on a replacement agree- Penalty: 1st offence body cor- Are Swan Transit bus drivers ment. porate $20,000.00 -subsequent being rostered with less than 10 hours break between daily There are avenues available offence$25,000.00. shifts? for Employees to enforce their Enterprise Agreement Are Swan Transit bus drivers rights and TransportEdge Inc. aware of the safety and legal will provide help, advice and implications of driving a bus representation to bus drivers while fatigued? to enforce their rights within Enterprise Agreements. There are avenues Swan Transit bus drivers can pursue Drivers need to work together to correct safety issues and – there is safety in numbers – not put themselves in danger so don’t leave to an individual while at work. driver to stand up – Stand up together by organizing your Clause 7.10 of this agreement workplace. TransportEdge deals with scheduled toilet will assist drivers organize the breaks and requires these workplace. breaks be scheduled into shift 16 REV UP - 2018 WA A1021424P ABN 47 689 330 427 [email protected] P.O. Box 8431 Angelo ST L.PO South Perth 6161 phone 0499 011 307 MEMBERSHIP

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