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.