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The Official Journal of the Transport Workers’ Union of NSW • Issue 69 • Winter 2012The Official Journal of the Transport Workers’ Union of NSW • Issue 69 • Winter 2012
TWUTWUnews
DRIVERSDRIVERS
K FORK FOR
A FARE GOA FARE GO
COMPO ATTACK ◆ A WINNING DELEGATE ◆ 1ST FLEET SAGA
SAFE RATESSPECIALFEATUREPP 14-17
2 | TWU News Winter 2012
PRESIDENT’SPREACH
CONTENTS
CONTACTS
Editorial: Iva Tora
02 9912 0708
iva.tora@twunsw.org.au
Advertising: Catherine Paull
02 9912 0711
catherine.paull@twunsw.org.au
31 Cowper St, Parramatta 2150
Print Post Approved PP 241 613 0059
George Clarke • TWU President
In solidarity, George
Stop ripping workers off
President’s Preach:
Stop ripping workers off 2
Wayne’s Word:
Organising for power 3
Workers Compensation:
Thousands brave rain for Compo rally 4-5
Member’s story: An uncertain future 4
How will Compo cuts affect you? 5
New-Look TWU Team 6
George Oei: A winning delegate 7
Bus Industry:
Drivers busk for a fare go 8-9
TWU Vets support bus drivers 9
Pay rise for AAE subbies 10
Agreement with StarTrack 10
Waste workers pocket their entitlements 10
TWU protects workers’ right to strike 11
TWU courts victory in Toll case 12
Reaching out to help a TWU family 12
1st Fleet Saga 13
1st Fleet subbie tells his story 13
Safe Rates special:
Your questions answered 14-15
How will it impact Chapter 6? 15
How Victory was achieved 16-17
Visit your new TWU website! 18
Stay connected with Facebook 18
Legal update:
Proposed Union Representation Bill 19
What Barry has done for
workers so far… 19
Chapter 6 Inquiry – Update 19
The NDIS: making it REAL 20
South Coast & Southern
Sub-Branch News 21
Three-year fight delivers Ports victory 22
Sydney Sub-Branch News 23
North Coast & Northern
Sub-Branch News 25
Appreciating Union solidarity 26
Retiring members call it a day 26
ACT Sub-Branch News 27
Superannuation and insurance
for people stopping work 28
National News:
Fighting against the Big Squeeze 29
Kids’ corner 31
2012 Delegates’ Conference 32
Photos: Alex Du Plessis
Jessica Malnersic
Todd Pinkerton
THESE last few weeks have seen one
rally after another at NSW Parliament
by the union movement voicing our
strongest opposition yet to the wide-
sweeping cuts to workers’ rights and
entitlements by the State Government.
We have seen workers compensation
being slashed and we should expect
more cutbacks as up to 15,000 public
sector jobs are tipped to go as part of the
O’Farrell Government’s so-called cost-
saving measures. On Wednesday June
13, more than 5,000 union members
and supporters braved the rain at NSW
Parliament to protest against the cuts to
workers compensation.
On June 21 the TWU staged another
protest, this time against the NSW
Government’s plans to place private
bus contracts out to open tender. If
certain safeguards aren’t a condition of
tender, this would allow any company
to tender based on the Modern Award,
meaning the wages of bus drivers would
drop by around 30 per cent. This union
has a strong history of supporting and
creating efficiencies in the bus industry
– but this can’t come at the expense of
drivers’ wages and conditions. We need
commitments from the Government
that not only will drivers’ conditions
be maintained, but that they will be
improved over the life of the tender.
In other news, the liquidation of
transport company 1st Fleet was not
only devastating but a tragedy for the
hundreds of subbies who lost not only
their trucks but also their livelihoods.
1st Fleet workers and subbies were owed
up to eight weeks in wages – which is
an issue that the TWU is working to
resolve. Meanwhile 1st Fleet Managing
Director Stephen Brown, dealt with the
company’s collapse by flying off to the
USA while the TWU was left to stop the
haemorrhaging.
On a more uplifting note, I was
George Clarke (centre) with Paul Newton, delegate at Toll Priority Erskinville (left)
and Ray McMillan, (right), President of TWU Western Australia
delighted with the news of the passing
on March 20 of the Road Safety
Remuneration Act in Federal Parliament.
Most of you would be aware of the long
and turbulent journey the Safe Rates
campaign has travelled which makes the
passing of the bill into law even more
significant and a milestone in the rich
history of our union.
The passing of this Bill into law
would not have been possible without
the vision and hard work of Wayne
Forno and Tony Sheldon who pioneered
the concept from its very early days.
I congratulate the NSW branch, all
the rank and file members and senior
officials for your relentless campaigning
over the last 18 years. Your commitment
and dedication have finally been
rewarded.
TWU News Winter 2012 | 3
WAYNE’SWORD
Wayne Forno • TWU Secretary
Wayne
TWU Secretary Wayne Forno with Official Arthur Casey, StarTrack Delegate Leo
Hackett and other StarTrack members who understand the importance of being TWU
NEWS of the collapse of transport
company 1st Fleet was a devastating
blow for thousands of the company’s
truck drivers and sub-contractors across
the country.
When the company went into
liquidation, many workers were able
to retrieve money owing to them but
owner-drivers were not so lucky. Many
not only had up to eight weeks of pay
owing to them – but also lost their trucks
which are expected to be auctioned off as
assets of 1st Fleet.
the list goes on. To make matters worse,
these changes take effect retrospectively.
This should serve as an ominous
warning to those of us who may have
become complacent of late, that nothing
will be sacred as long as the O’Farrell
Government remains in power.
A raft of anti-worker laws has also been
introduced clearly aimed at stripping
workers of their hard-fought rights
announced an inquiry into the future
operation of the NSW Industrial
Relations Commission. The TWU gave
evidence last December stressing the
importance of keeping Chapter 6. While
no changes to Chapter 6 loom on the
immediate horizon, we must remain
ever vigilant to what injustices may be
unleashed on our hard-earned rights.
On a more inspiring note, I am
delighted to announce that the ACTU
named Qantas worker and long-serving
TWU delegate, George Oei, as Delegate
of the Year. George has been a very
passionate and supportive representative of
the TWU. The amount of work and level
of energy he delivered during the turbulent
days of the Qantas dispute should
inspire all of us. George’s unswerving
commitment serves as an example of what
we are all capable of achieving.
Finally, Safe Rates is now law, a
milestone in the history of our union. We
can all look forward now to the operation
of the Tribunal to commence on 1 July.
We bring you in this edition a history
of the long turbulent journey of this
campaign.
This case highlights the importance
and the need for workers to join a union.
Complacency in the workplace is a futile
and irresponsible exercise that can have
costly repercussions.
It was very encouraging to see
thousands turn up on June 13 at NSW
Parliament House, despite heavy rain
to exercise their vocal chords in a
solid show of opposition against the
State Government’s cuts to workers
compensation. Under the new laws,
there are now caps on medical expenses,
limits on cover for various injuries and
and entitlements. It will now be more
difficult, for instance, to prosecute
companies that do not practice safe work
policies. Unions can also be slapped
with heavy fines of up to $110,000 for
breaching dispute orders.
The Government has introduced
competitive unionism – which could
lead to employer-run unions, public
sector wage freeze at 2.5 per cent and
compulsory redundancies
And if this isn’t enough, we are now
confronted with the threat to Chapter
6. Last year, the O’Farrell Government
The 1st Fleet case highlights the importance
and the need for workers to join a union.
Organising
for power
4 | TWU News Winter 2012
Mike Walsh, a TWU member and
former bus driver from the North
Coast was a union delegate for
many years and has won awards
for Activist of the Year and
Delegate of the Year.
Thousands brave
rain for Compo rally
❞
❝
Facing an uncertain future
Let’s be clear – the changes
to workers compensation
will affect you and your
loved ones. This is not
something we can afford to
be complacent about.
-TWU NSW Secretary
Wayne Forno
LIFE took a turn for the worse for
Mike following a series of injuries that
ruptured both shoulders that eventually
led to his dismissal from work. Since
then Mike has been receiving $397 a
week in workers compensation.
His first injury stemmed from an
accident in August 2008.
“I was bending down to pick up money
off the floor. Where the driver sits is a
foot higher than the normal floor so
I had to stretch down and stretch and
stretch and just ripped a tendon in my
left shoulder,” Mike recalls.
“I continued working but went to
the doctors in November 2008 who put
me on light duties. I didn’t go on full
workers comp until about March 2009 –
when I was operated on.”
While receiving treatment for his first
injury, Mike had another fall at his bus
depot which damaged his right shoulder.
I sustained my injury my weekly
compensation payments would probably
have been cut-off by now, as would the
compensation of my medical expenses.
I’d have to have paid my own legal costs
to take on my insurer, even though I was
ultimately entitled to compensation, in
which case I might not have bothered
taking the risk to claim compensation
in the first place. Because of the
retrospectivity of some of the changes,
I’m still not sure where I stand as we
speak.
“I’ve worked since I was 14 and half: I
never had a day off work. Next March, I
will be 62 and I get nothing.”
Mike’s message to all workers and to
those in the transport industry is to join
the TWU.
“The TWU will protect you and your
job security, otherwise the government
will screw you.
“Not only is the union good for job
protection and safety aspects and keeping
the bosses honest, you also have great
camaraderie with fellow members – and a
lot of support – united we stand, divided
we fall. If it wasn’t for the TWU, the
government would crucify workers: you
would have nothing.”
“I had surgery on March 5 on my
left shoulder and was off work for 15
months. At this stage, my right shoulder
still hadn’t been fixed and I just had to
persevere with that.
“It was so incredibly painful. QBE
didn’t recognise it as an injury and they
kept on referring to my left shoulder
and couldn’t get around the idea that it
was my right shoulder as well that was
injured.
“In October 2011, I had to stop work
because my right shoulder was just too
painful and I tried to get QBE to give me
the okay for surgery on my right shoulder
and in February this year, I was finally
operated on my right shoulder.
If the new laws were around when
TWU News Winter 2012 | 5
Payments for most workers will
stop after 2½ years regardless of
the state of the injury
Payments for medical expenses
will cease after 2½ years,
regardless of the need for
treatment
Weekly income will be reduced
from 100% after just 13 weeks
Lump sum payments will only
be available for the most serious
injuries
Heavy rain failed to dampen the spirits of the more than 5,000-strong crowd that rallied on June 13 at NSW Parliament
against the State Government’s planned cuts to workers compensation. The TWU had a solid contingent of officials,
delegates and members from across Sydney and also had strong representation at similar rallies in Newcastle and
Wollongong. The workers compensation changes passed through Parliament on June 22.
How will Compo
cuts affect you?
I am semi-retired now but
these cuts are the worst
attack on injured workers I
have seen in my working life.
- TWU member
Brian Beckwith
❞
❝
Journey claims, where you are
injured travelling to and from
work, have been tightened
and most workers will not be
eligible
Partners of loved ones killed
will no longer be entitled to any
payments
Some changes will apply
retrospectively
All legal costs will be paid by
the worker even if they win
The biggest changes to workers compensation in more than a
decade have been passed by the NSW Government. The main
changes are:
6 | TWU News Winter 2012
RICHARD OLSEN
jumped straight into
organising with the
TWU when he joined
in 1998. During his
first few years with
the union he looked
after the city and
surrounding areas
which encompassed
a range of industries,
from freight to the waterfront. This early
experience meant that Richard could solve
almost any issue or dispute that arose in
a yard. This skill came to be particularly
handy when he oversaw 3,000 airport
industry members from Qantas catering,
domestic and international.
It was during his first year as the
organiser of the airports that Ansett
collapsed. This was a challenge for the
industry which Richard embraced. From
the first announcement of its collapse
and in the following months, Richard
was at Sydney airport on a daily basis,
reassuring members that the TWU was
fighting to secure their entitlements -
and Richard kept to his word.
Richard mobilised members and
the wider community to pressure the
Federal Government to improve the
GEERS scheme. In 2001 the TWU got
its way when John Howard personally
guaranteed improvements to the
GEERS scheme during a meeting with
Richard and TWU Officials.
This remains the highlight of his
career, a fight which the TWU lead
and that has protected thousands of
Australians since. From that point on
Richard was seen by many as a leader in
the union. Richard became South Coast
and Southern Sub-Branch Secretary in
2003 and now also serves as Assistant
State Secretary.
A new year brings with it new fights and the new-look TWU team have already shown
that they are up for the challenge. TWU News spoke to Assistant Secretaries Michael
Aird and Richard Olsen to get an insight on what has brought them to the position.
New-Look TWU Team
Richard Olsen, Assistant State Secretary and South Coast Sub-Branch Secretary
Goals for the union:
More than ever we need to be focusing on improving as an organising union and
secure our relevance within the union movement and the industry. Crucial to
this and all other outcomes is recruitment and the retention of members within
our union. This requires us to have a recruitment strategy to grow community
wise, politically and industrially.
We need to build on our strength to ensure that we have the power to secure
the best outcomes for workers in the transport industry for years to come.
MICHAEL AIRD
started out in the
industry at the age of
16 as a delivery driver
for Pizza Hut and
later at the waterfront
for Brambles at
Newcastle.
Michael easily
transitioned into his
role at the TWU as an
organiser in 1995, where he looked after
the North Coast. This took him from
Taree to as far as the Queensland border,
playing an important role in supporting
and protecting the rights of transport
workers in regional NSW. He then moved
south to help organise members in the
Wollongong area from 1998 until 2002.
During this time, Michael pursued a
number of issues that affected members
in his areas, turning each issue into a
TWU campaign. Michael worked hard
for his members and achieved some great
outcomes. An example of this was during
the TWU campaign to stop outsourcing
in the Cash-in-Transit sector. Michael
led a full-blown campaign against the
industry’s biggest employer, Chubb,
when the company tried to contract
work out. Through pressure from the
TWU, Michael helped secure the future
for members at the Cash-in-Transit giant.
Michael’s perseverance on issues-based
campaigns was recognised in 2002
when he was nominated as the ACTU’s
Organiser of the Year. After this, Michael
was encouraged to use the skills learnt
on his campaigns to help members at a
different level – as a legal officer.
Michael returned to his first area as an
organiser, in Newcastle to complete a law
degree. During this time, Michael took some
time off from working at the TWU, but he
frequently represented injured members as a
solicitor with Maurice Blackburn.
In 2010, Michael joined the TWU
again, but this time as a senior Official,
overseeing the development of the TWU’s
bargaining campaigns. He was instrumental
in negotiating national agreements with
major transport companies: Linfox, TNT
and Toll.
Bringing with him a vast range of skills
and experience in the industry, Michael
now shares the role of Assistant State
Secretary with Richard Olsen.
Michael Aird, Assistant State Secretary
Goals for the union:
The TWU is one of the largest and strongest unions in Australia, built from
the dedication of our members. We owe it to those who have made this union
great to ensure that our legacy never falls by the wayside. We need to continue
our fight to be the union that is a representative of and for transport workers,
whether it is ensuring that workers have secure work or rallying against the big
end of town such as Qantas, Coles or O’Farrell. We need to be at the forefront
pushing for the best outcome for workers in the transport industry.
TWU News Winter 2012 | 7
Tell us about your yard?
Our yard has drastically changed from
when I started at Qantas International
back in 1991.
In the last few years, Qantas has really
stuck it into us and cut hundreds of jobs
in the sector while managing to increase
management threefold. This has been
very difficult for me to watch and I have
seen friends who I have worked with for
years being replaced with cheaper labour.
Workers are starting to realise what
Qantas is all about and are now fighting
to save their jobs.
The TWU has always had a strong
presence in our section but Qantas’
recent war on its workers made our yard
more united than ever.
What made you decide to
become a TWU delegate?
At one stage, I did it to save my job and
those of my workmates. Our members
needed to be supported at the airport
and I felt that it was my duty as a senior
member to throw my hat into the ring
and be a representative.
What are some industrial wins
you’ve achieved in your yard
and how did you win the fight?
We have done a lot to protect jobs at
Qantas. As a united force, International
and Domestic members have worked
together to push for casual workers to be
put on full-time work. The number of
people who have been moved to full-time
work has risen to more than 45.
This is an important achievement for
us. What it shows is that with the TWU
behind us, you can win almost any fight.
What are the highlights of
your time as a TWU member
and delegate?
I’ve been a part of a number of great
success stories as a delegate but one
that sticks out for me, is uniting the
delegates across Sydney Airport, from
International and Domestic terminals,
with the help of Jim Mitropoulos and
Donny Dickson to fight for a common
goal. Having the added support of
members at the Domestic terminal has
been essential to the power we have to
keep Qantas in line. As a collective, we
will only grow stronger.
What issues are important
to you or are you passionate
about?
The one issue that gets under my skin
is safety at work. The workers under the
ramp are aging and are doing the same
job they were doing 10 years ago. I want
to be able to leave my job capable of
living a fulfilled life, not deal with an
ongoing injury because of work. This is a
problem that needs to be fixed.
Why is it important to be in
the TWU?
It’s the best insurance policy money can
buy. If you aren’t union, you could lose
everything; basic conditions, wages and
worse, your job. Insecurity at work is just
not worth it
What do you get out of being
TWU?
Being around the key TWU players in
the Qantas dispute has given me the
drive to secure the rights and conditions
of our members at work. If you look
around at all the unions, the TWU is
always out the front leading the charge.
They have the guts to stand up to those
at the top and fight for our livelihood.
What’s the best thing about
being a delegate?
I’ve been a delegate for more than eight
years and for me, the most important
thing is representing and fighting for
our members and winning. From my
experience, you might occasionally lose
the battle, but if you keep up the fight
alongside your members, for the right
cause you will always win the war.
What do you say to members
working in the Aviation
industry reading the TWU
News?
A company may blame its workers when
everything goes south, but what we need
to remember is that we are fundamental
to the growth of the company – not
management – and we should not let a
company forget this. This is our reason
to keep fighting on!
Keep supporting the TWU and they
will have your back 100 per cent.
Profile: George Oei
George Oei, a baggage handler has been representing TWU members
at Qantas International for more than eight years. He has never shied
away from his responsibilities as a delegate, always going the
extra mile for his workmates and George has now been
recognised by the ACTU for his work.
A very humbled George spoke with TWU News to get
to the bottom of what makes this ACTU Delegate of the
Year tick.
A WINNING
The TWU congratulates George on his award and hopes
that he will continue to encourage and fight on behalf of the
TWU at Sydney Airport for years to come.
8 | TWU News Winter 2012
AS BUS DRIVERS across NSW
gear up to commence negotiations
for a new enterprise agreement with
their respective employers, the State
Government has thrown the industry
another curve ball.
In May this year the O’Farrell
Government announced a change in
the operation of the tender process to
promote further competition within the
industry. From July 1, NSW private bus
contracts will be open to any company
willing to do the job at the lowest price.
The TWU has always had a strong
record of supporting and promoting
efficiency in the industry, but we fear
that the new tender process will provide
cheaper services simply by cutting the
wages and conditions of bus drivers.
TWU bus drivers are currently
covered by an industry-wide union
agreement, which ensures that every
member has access to fair pay and
conditions. If the tender process by
the State Government goes ahead,
this agreement could be at risk as
will conditions that the TWU and its
members have fought hard to keep.
Without provisions to protect drivers’
pay and conditions, employees could see
DRIVERS
Wayne Forno and the negotiating committee hand over a petition to
Opposition Leader John Robertson
a drop of more than 30 per cent in their
earnings. In the end bus drivers under this
process will lose out.
Our bus drivers provide a crucial
TWU News Winter 2012 | 9
K FOR A FARE GO
The TWU Veterans’ Club, including Peter
Cooley and Ken Jones (pictured), braved a
cold winter’s day in Sydney to protest Barry
O’Farrell’s attack on the rights of bus drivers
– an attack that will put bus drivers and their
passengers at risk.
“I congratulate the courage and
commitment from members of the TWU
Veterans’ Club who fight for workers
rights on behalf of their children and
grandchildren: they are an example to all
of us that we must continue to fight for
our rights, more so than ever,” said State
Secretary Wayne Forno.
Whenever there is a campaign for the
TWU, our VETs are always out in full force,
showing us that you are never too old to get
out and support our transport workers.
service to the community. The State
Government should be rewarding our
bus drivers, not encouraging a situation
where their pay and conditions could be
on the chopping block.
State Secretary Wayne Forno said that
“our aim is to improve the conditions of
our bus drivers, not have them start back at
square one,” and that we need to take up
the fight to the Government to ensure that
our voices are heard.
stipulated to them within their current
agreement. Anything less would be to
disregard the invaluable service that
drivers provide to the entire community.”
Wayne Forno and the rank-and-file
negotiating committee also presented the
Leader of Opposition, John Robertson
and Shadow Transport Minister Penny
Sharpe, a petition with more than
400 bus driver’s signatures, pledging
their support to the campaign against
competitive tendering.
“This petition gives a voice to the
thousands of bus drivers across NSW
who are concerned about the risk that
the Government’s changes will have on
their wages and conditions. They have
made a statement- and it is time for the
Government to respond,” said Wayne
Forno.
The TWU will continue its fight
until our members are guaranteed that
their pay and conditions are protected,
irrespective of a change in contract. We
will keep you up to date with the process
of the campaign.
Our aim is to improve
the conditions of our
bus drivers, not have
them start back at
square one.
- Wayne Forno
TWU VETS SUPPORT BUS DRIVERSIf you’re retired, why not join the Vets today -
call 02 9912 0700 to find out more.
Bus drivers were joined in song by the Sydney Trade Union Choir and other
singers to busk for their ‘fare’ share
On June 21, hundreds of bus drivers and
supporters did just that, rallying in front of
NSW Parliament House to express their
concerns about the tender process.
Filing up from Trades Hall, bus drivers
were joined in song by the Sydney Trade
Union Choir, to busk for their fair share.
Wayne Forno told the crowd of
supporters that, “what we wanted for
our members was for the government
to stand by our drivers and commit to
preserving the wages and conditions
MEMBERS at StarTrack had
something to smile about after
successfully negotiating a new
enterprise agreement with
management.
The result of a year-long
negotiation with StarTrack
produced an agreement that
ticked all the right boxes for
members working at ACT and
NSW sites.
Under the new agreement,
members will receive a 4
per cent pay increase per
year for three years and a 1
per cent increase per year in
superannuation contributions.
For the first time, the new
agreement with StarTrack will
cover members from the ACT
under a single contract.
“The StarTrack agreement
FOLLOWING the merger last October of StarTrack and
air freight company Australian Air Express (AAE), the
TWU approached StarTrack regarding rates of pay for
AAE sub-contractors and pushed for an increase to be
brought up to par with existing StarTrack subbies.
StarTrack responded by extending the pay rates
of existing sub-contractors who received a $3 plus
increase on their hourly rate.
“This was an outstanding result for the subbies from
Australian Air Express who are now proudly part of
the StarTrack family and the TWU,” State Secretary
Wayne Forno said.
“We ensured that their pay increases were backdated
which means many subbies received hundreds of
dollars in their accounts.
“This outcome was only possible through the
advocacy of union delegates at Greenacre and the
pressure applied by the senior leadership team of
delegates at Michinbury.
“The subbies were naturally delighted with the
outcome and more than 180 have signed up with the
TWU since that time.”
FOUR TWU members were pleasantly surprised when they opened their payslips
to find that their previous employer, waste company J.J. Richards had deposited
thousands of dollars in workplace entitlements into their accounts.
The payments accounted for over $40,000 in unpaid
holiday pay, sick leave and RDOs that each member had
accumulated while working for J.J. Richards.
J.J. Richards did not do this out of the kindness of
its heart. Rather, the lump sum payments made to the
members was part of an ongoing TWU campaign to
improve the working conditions and wages of workers at
the waste company.
The TWU stepped up its campaign when
J.J. Richards lost the tender at Canterbury
Council and initially refused to pay
redundancies to those workers who had
been left without work.
When approached about why it
had not paid the members their
full entitlements, J.J. Richards
responded by blaming the four
workers. In a letter to the TWU,
the company claimed that the
members had abandoned their
employment and therefore it
was not obliged to pay them the
full entitlements.
Darren Demas, a former
driver at J.J. Richards said that
the company had resorted to its
old tricks.
“J.J. Richards knew that I had an
interview with the company that won
the contract and had been offered a
NSW and ACT members reach
agreement with StarTrack
Pay rise for
AAE subbies
Waste workers pocket their entitlements
Had I not been part
of the TWU, we
would have received
absolutely nothing.
- Darren Demas,
former J.J. Richards worker
role. It is unbelievable that a company
that did not have a job for me on the
Friday I finished work, would say that I
in fact had abandoned them.”
“The way I see it, J.J. Richards had
no intention of paying us what we were
entitled to. They thought they could
push their legal obligations under the rug
and get away with it,” Darren said.
The four members had their
entitlements paid in full.
Darren received all his entitlements –
$15,550 consisting of holiday pay and
sick leave – which should have been paid
to him the day he left J.J. Richards.
“Had I not been part of the TWU, we
would have received absolutely nothing.
The TWU pressured J.J. Richards until
one day, our entitlements were placed
into our bank accounts, no further
questions asked,” Darren said.
This caps off another fight against J.J.
Richards at Canterbury Council – our
members have thrown the final punch
and come out on top.
is a significant win for our
members,” said State Secretary
Wayne Forno.
“Though the negotiations
were drawn out and difficult,
the TWU prevailed in achieving
the best possible outcome for
members.”
And our members agreed.
When the agreement went to a
ballot in April, an overwhelming
99 per cent of members supported
the new EA.
“I would like to congratulate
the negotiating committee and in
particular Leo Hackett for their
efforts,” said Wayne.
TWU News Winter 2012 | 11
A LONG-RUNNING case involving
the Transport Workers’ Union and waste
management company J.J. Richards
came to an end in April after the Full
Court of the Federal Court followed
previous Fair Work Australia decisions
and ruled in favour of the union.
The win holds significant importance,
not only for the members involved in the
dispute with J.J. Richards but also for the
union movement at large. The landmark
decision has confirmed that where
employees have attempted to negotiate
with a company in good faith, they can
take protected industrial action.
“Workers at J.J. Richards have been
taken on a rollercoaster ride over the
last few years, forced to sit through five
tedious tribunal and court hearings
which have deliberated the same result,”
TWU State Secretary Wayne Forno said.
“The decision by the Federal Court
sends a clear message to employers
and employees across Australia. And
that message is that the right to take
protected industrial action when you
are attempting to negotiate in good
faith is a right that is protected in law
and is a fundamental right that should
be afforded to any worker seeking to
collectively bargain.”
TWU PROTECTS WORKERSTWU PROTECTS WORKERS
During the bitter court battle with J.J.
Richards, the TWU was forced to fight
another front, this time against Liberal Senator
Eric Abetz. Following the decision by the
Federal Court on April 20, Senator Abetz
released a statement accusing the TWU of
pursuing a ‘strike first and talk later’ policy –
an accusation which is outrageous given the
circumstances of the case.
Senator Abetz’s comments are
fundamentally wrong considering that it was
the company that refused to talk.
The decision to take protected industrial
action was not taken lightly and seen as a
last resort by workers, who had urged the
company to bargain in good faith for more
than 18 months.
“Having lost the case against the TWU for
the fifth time, J.J. Richards has now run to
the Federal Opposition – to which they have
donated more than $300,000 in the last five
years – to do their bidding for them. What
the Liberal Party has proposed however
is something much more draconian than
WorkChoices,” Wayne Forno said.
SENATOR ABETZ LOOKS
AFTER MATES
In true J.J. Richards form, rather
than honouring the previous collective
agreement that waste workers had struck
with their previous employer, the workers
were left without a collective agreement.
“Workers were doing the same job as
they previously had been, yet were not
afforded the protection of a collective
agreement,” Forno said.
In an attempt to retrieve some of
the pay and conditions they had under
their previous employer, waste workers
approached management at J.J. Richards
to negotiate a new collective agreement.
However J.J. Richards refused to come to
the table.
Frustrated by the lack of action,
workers applied to Fair Work Australia
to take protected action to encourage J.J.
Richards to the bargaining table. The
workers had been pursuing an agreement
with the company for more than 18
months.
This escalated into a court battle, during
which time J.J. Richards lost its contract
with Canterbury Council. Irrespective
of the loss of contract, J.J. Richards
continued to pursue the case, making its
final appeal to the Federal Court.
“J.J. Richards has been relentless in
its pursuit of this case but members
have come out on top. Throughout this
case, the TWU has shown that the right
to take protected industrial action is
a right that cannot be undermined by
any company regardless of its economic
power and hopes that it empowers
workers-at-large to take up the fight
in their respective workplaces,” Wayne
Forno said.
right to strikeright to strike
12 | TWU News Winter 2012
THE TWU had very good reason to
celebrate recently when the Industrial
Court found in its favour in a seven-year
case against Toll Transport.
This case, which had its first hearing
back in 2005, centred on the refusal of
Toll Transport to allow its drivers the
opportunity to sell their trucks with
work at a premium price above the base
value of the vehicle.
The TWU represented nine truck
drivers who back in 1981/82 were under
owner-driver arrangements at Brambles
yards.
Brambles sold a number of trucks
to its employees on the basis that they
become owner-drivers. Eight of the nine
drivers bought trucks at a premium or
with goodwill for their business.
In 1996 Toll bought Brambles
transport business and engaged the
owner-drivers. During that period, Toll
told the drivers that business would
continue as normal and that nothing
would change.
On March 30, the TWU was delighted
to announce that the owner-drivers were
vindicated when the court handed down
a decision in their favour.
The court found that Toll’s contract
was unfair and harsh, and ordered Toll
to compensate the drivers for loss of
goodwill: that Toll had an unwritten
rule that it did not recognise goodwill or
allow the sale of trucks with goodwill but
it had failed to notify the drivers of this
unofficial policy.
The drivers had also endured personal
tragedies with one driver, for instance,
injuring his back rendering him
incapable of continuing work.
Another had lost his wife to cancer
leaving him with the sole care of his three
sons. None of these losses were factored
into Toll’s dealings with the drivers.
The amount to be compensated has
to be decided but our legal team and the
drivers did a magnificent job under such
trying circumstances.
TROY FINN, a TWU Co-Delegate at
Linfox CUB Rosehill organised a Trivia
Night and auction to raise funds for
his 10-year-old cousin Brandon, who is
waiting for a kidney transplant. While
a donor has been found, Brandon will
have to wait until the end of the year to
have his operation
In early April NSW State Secretary
Wayne Forno and TWU Official Ray
Shortill met up with Troy and made a
contribution to the trivia night with a
$1,000 cheque.
“An illness can take a huge toll on the
family, both emotionally and financially.
TWU members were among more
than 200 guests who attended the night,
who all came out to support Brandon
and his family.
Troy Finn said that the night was a
great success, which raised over $16,000
for Brandon.
“I would like to thank everyone,
Linfox workers, TWU members and
Wayne Forno for their contribution to
the night. It is fantastic to see so many
people get behind our cause.”
Troy also told us that Brandon is
doing well, the family finding a donor
which means Brandon’s condition will
improve sooner than first hoped.
“I wish Brandon and his family
all the best and thank all those who
contributed to the event”, said
Wayne Forno.
TWU courts victory in Toll case
Reaching out to help a TWU family
TWU Secretary Wayne Forno, Official Ray Shortill and Co-Delegate Troy Finn
The TWU argued in court that:
The contract with Toll had been unfair and harsh because Toll failed to
recognise goodwill and the drivers were unable to recover the loss in
investment returns.
The drivers had always been in a position of unequal and inferior
bargaining power in their dealings with Toll.
They had also been led to believe that the terms of their contract
would not differ fundamentally from their engagement with Brambles.
Though a small token, I hope that the
cheque helps to give some relief to the
Finn family,” Wayne Forno said.
The Trivia Night held on April 21, was a
popular event, the tickets selling out within
the first few weeks of its announcement.
I would like to thank everyone,
Linfox workers, TWU members
and Wayne Forno for their
contribution to the night.
- Troy Finn
TWU News Winter 2012 | 13
ON MAY 3, Transport company 1st Fleet
made the headlines when hundreds of its
workers and sub-contractors turned up for
work only to find themselves locked out
of their yards –when the company ceased
trading at 11:55pm the previous night.
A week before, 1st Fleet had gone into
voluntary administration under de Vries
Tayeh but the directors were unable
to meet their commitments – which
included around eight weeks of pay owed
to contracted owner-drivers who had
families and substantial mortgages.
Following the announcement
that 1st Fleet had been placed into
Administration, both the Transport
Workers’ Union and the administrators
were confident of being able to keep the
business open and were jointly working
towards this outcome.
recoup some or all of the money they
were entitled to over the following weeks.
Owner-drivers were not so lucky. They
lost not only eight weeks of pay but also
their trucks which were auctioned off as
assets of 1st Fleet.
“Meanwhile, the company’s executives
flew off to America to weather the storm
while 1st Fleet drivers left to pick up the
pieces,” State Secretary Wayne Forno said.
1ST FLEET SAGAWhen transport company 1st Fleet
locked out its workers at yards across
Australia after it ceased trading
overnight, the TWU was on site to
lend advice and a helping hand.
“1st Fleet’s behaviour during this
whole saga was despicable. They not
only lied to 1st Fleet workers about
the company’s financial situation but
took away their livelihoods and they
need to be held to account.”
The TWU will continue to attend
meetings to ensure that members’
interests are at the forefront of
company discussions.
Chanh Nguyen was a 1st Fleet sub-
contractor had only two payments left
for a $65,000 truck he’d bought from
1st Fleet when the company collapsed,
forcing him into the dole queue.
SUBBIE TELLS HIS STORY
❞
❝
I am 48, married with three children – aged
from six to 12 years old. I was a 1st Fleet
subcontractor for two years. The collapse
of 1st Fleet has affected me very badly
because they owe me six week’s wages, We
had hung on for another three to four weeks
until and wondering whether we would get
our trucks back.
I paid off $60,000 for a $65,000 truck
and only had two payments left but because
the truck had not been transferred to my
name, I’ve lost it and all the trucks are being
auctioned off.
I’m out of pocket [to the tune of] around
$15,000 and during those six weeks, [when
we were not getting paid] we had to dig into
our own pockets and start using money
that we’d been saving – we had to pay for
our own fuel, running costs and of course
everything at home – food, rent, mortgage,
school fees everything.
Chanh Nguyen (right)
TWU Officials attended 1st Fleet yards
across NSW on the morning of the lockout
to address the workforce and ensure that all
their entitlements were recognised.
At the first creditors meeting held
on Monday May 7, the TWU was
appointed to the creditors committee
which oversaw the entitlements of the
1,000 workers who lost their jobs.
At a second creditors meeting, workers
were told that the company had become
insolvent. While the decision gave some
1st Fleet drivers a glimpse of hope, others
had lost everything.
For employees working at 1st Fleet, the
decision meant that their GEERS forms
would be fast-tracked so they could
TWU Official Helen Sourlas with 1st
Fleet TWU members
We are pleased to advise that, following
extensive negotiations with the TWU, a number
of ex-1st Fleet drivers have now found work
with other transport companies
TWU Assistant Secretary Michael Aird advises the besieged 1st
Fleet workers
14 | TWU News Winter 2012
WHAT WILL THE SAFE RATES
LEGISLATION DO?
Safe Rates legislation will set up a
Road Safety Remuneration Tribunal.
This Tribunal is an independent body
that will be headed by a combination
of members from Fair Work Australia
with legal experience and industry
representatives with industry
experience. This Tribunal started on 1
July 2012.
WHAT WILL THE TRIBUNAL
DO?
The Tribunal will allow:
Road Safety Remuneration Orders
(RSROs) to be made;
RSROs will set payment rates such
as providing paid waiting time,
safe methods of payment and safe
working hours among other things.
This will apply to every member of
the supply chain and NOT JUST one
principal contractor;
It will allow collective agreements for
owner-drivers to be registered, and;
It will also allow for dispute resolution
mechanisms for employees and
owner-drivers.
WHAT WILL SAFE RATES DO
FOR EMPLOYEES?
For employees, there will be more
expansive conditions in RSROs than
there are currently in awards at Fair
Work Australia.
Safe Rates, for instance, will cover
the entire supply chain and set safe
working hours and conditions. It will
also provide better access to the Road
Safety Remuneration Tribunal than is
currently provided by FWA.
WHY DO WE NEED SAFE
RATES?
We now know that rates of pay contribute
to driver safety – or the lack of it.
SAFE RATESYour questions answered
For example, many drivers are currently
not paid for waiting time. Under Safe
Rates, this can be remedied by the
making of a RSRO which ensures
that drivers receive paid waiting time.
When paid waiting time was introduced
at Sydney ports, waiting time greatly
reduced as the top of the supply chain
was forced to fix it or pay more money.
This in turn lead to greater systemic
efficiencies.
HOW DO WE KNOW THAT
RATES OF PAY CONTRIBUTE
TO DRIVER SAFETY?
The TWU has over the years
commissioned numerous independent
reports and independent research has
also been conducted by academics
and experts. The conclusions from
these reports in addition to the findings
of various coronial inquests suggest a
marked correlation between rates of pay
and road safety conditions.
In 1991 a Commonwealth study clearly
established the link between rates of
pay and safety.
In 2005, we had a coronial finding that
documented the exposure to risk that
drivers are subjected to when they are
on low rates of pay.
In 2008, a report for the National
Transport Commission was produced
by The Hon. Lance Wright QC and
Professor Michael Quinlan which linked
safety in the transport industry to levels
and methods of payment.
The evidence therefore clearly
establishes the need for a system of
Safe Rates.
A lot of energy
has gone into the
campaign for Safe
Rates. We’ve been
to Canberra and the
NSW Parliament to
forge a debate with our
representatives in order for
them to see this issue from our point
of view – and they have listened.
- Ray Childs, Holcim Delegate
TWU News Winter 2012 | 15
SAFE RATES: HOW VICTORY WAS ACHIEVED. PAGES 16-17
A system of Safe Rates has been
tried and proven in NSW for more
than 40 years and it works for
principal contractors and owner-
drivers in the concrete industry. It
has withstood the test of time and
it is great to see it rolled out to
the rest of Australia so that other
truck drivers can reap similar
benefits as we have had in NSW.
I take my hat off to Wayne Forno, Tony Sheldon and their
teams for having the vision and dedication to see this
through to its finality. Australian trucking families will be
the winners.
- Denis Willcox, concrete driver at Metromix
Contract Determinations
The new Road Safety Remuneration
Tribunal (RSRT or The Tribunal)
established under the Safe Rates
legislation will have the power to
set what is known as a Road Safety
Remuneration Order (RSRO). These
are similar to Contract Determinations
that operate under Chapter 6 in that
they set minimum standards for
contract carriers. Where there is any
inconsistency, a RSRO will apply or
override a Contract Determination.
However, a RSRO would have
to specifically deal with the same
contract carriers covered by a Contract
Determination to apply instead of it.
This means that it will likely be many
years before RSROs will replace most
Contract Determinations and therefore
most, if not all, Contract Determinations
made under Chapter 6 will continue to
apply in the short to medium term.
Contract Agreements
Certain forms of agreements can be
made and enforced under the RSRT,
however existing Contract Agreements
made under Chapter 6 will continue to
operate and be enforceable.
Dispute Resolution
The Tribunal has the power to deal
with disputes as they relate to safe
rates of pay. In comparison, Chapter
6 allows the NSW Industrial Relations
Commission (NSWIRC) to deal with
broad industrial disputes that don’t
have to necessarily relate to safe rates
of pay. Owner-drivers in NSW will
continue to be able to use the NSWIRC
to resolve these more broad industrial
disputes.
Unfair Termination of Contract
The NSWIRC can deal with the
termination of an owner-driver’s
contract of carriage by examining the
unfairness of the decision to terminate
the contract. In contrast, the Tribunal
can only deal with the termination of an
owner-driver’s contract if it relates to a
refusal to work unsafely. Chapter 6 and
the NSWIRC will continue to operate in
relation to NSW owner-drivers.
SAFE RATES: HOW WILL IT IMPACT CHAPTER 6?
Goodwill
Chapter 6 provides that the NSWIRC
may set up the Contract of Carriage
Tribunal to deal specifically with the
issue of goodwill. Goodwill is not
covered in the Safe Rates legislation
and thus Chapter 6 will continue to
apply in this regard.
In conclusion
Safe Rates is a landmark piece of
Federal legislation that doesn’t exist
anywhere else in the world. It tackles
problems such as unsafe methods
of remuneration; it sets minimum
standards for interstate drivers, and
will provide for the enforcement of
standards all the way to the top of the
supply chain.
However, Chapter 6 continues to
provide important and in some cases,
superior protections for owner-drivers
engaged in NSW. This is why it is
important that we retain Chapter 6
in its current form and that we fight
any changes proposed by the NSW
Government now and into the future.
The introduction of the Road Safety Remuneration Act is
the greatest things to happen to the industry and is well
overdue. As a veteran in the industry, I know about the
pressures truck drivers have been placed under. Hopefully,
the Safe Rates Act will put a stop to the situation owner-
drivers have been forced into.
- Colin Neal, TWU Veteran
2005: Bottles of blood on
the WorkCover steps
The early years
Safe Rates had its earliest conception
around 2000 when Tony Sheldon as the-
then NSW State Secretary and Assistant
Secretary Wayne Forno, launched the
push for a campaign on this crucial issue.
Even in the initial stages, the primary
concern was always about deadlines,
focusing on the fact that drivers were
being pushed to deadlines that were
unrealistic and therefore dangerous. At
this stage, the concept was known as the
“chain of responsibility”. The name “Safe
Rates” had yet to make its appearance.
The campaign however gained
gradual momentum, becoming more
pronounced with mounting evidence,
through legal cases and reports pointing
to the fact that truck drivers were being
killed on roads across Australia as a
direct result of unrealistic deadlines.
SAFE RATES: HOW VIC
2000: Beyond
the Midnight Oil
In 2000, one of the very first reports was
released by the Federal Parliament titled
Beyond the Midnight Oil which exposed
the link between pay and safety. The
TWU’s campaign began to intensify at
this point as politicians could no longer
avoid the fact that there was a major
safety problem that they had the power
to fix.
2004: First rally
The TWU launched its first major campaign
with a rally of more than 200 delegates in
the union’s Parramatta office “literally in the
carpark,” recalls State Secretary Wayne Forno.
We walked up to one of the big
supermarkets – a local supermarket;
it was a big media event.
Concerned Families of
Australian Truckies
(CFAT) Chairperson
Judy Penton
addressed the
Parramatta rally. In
the early years CFAT
worked tirelessly to
raise public awareness.
16 | TWU News Winter 2012
2005: The push for Chain of
Responsibility legislation
2010: Convoy to
Canberra
In 2010 the TWU’s NSW Branch
organised a Convoy to Canberra
to obtain commitments from then
Minister Gillard to introduce Safe
Rates legislation
TWU News Winter 2012 | 17
CTORY WAS ACHIEVED
On 20 March
of 2012, the
Road Safety
Remuneration Act,
more commonly
known as Safe
Rates, was
passed by Federal
Parliament.
On August 25, Sydney
got a taste of the impact
TWU members can
make when they blocked
James Ruse Drive for
Safe Rates. Hundreds of
members brought traffic
to a standstill but the
public got a glimpse of
the power of the union
with some terrific aerial
shots of the blockade.
2009: Sit-down protest
in the CBD
In 2009, more than 150 truck drivers, including
delegates from the International Transport
Federation’s Oceania conference, jammed
Sydney’s main traffic junction during a Safe
Rates sit-down. The drivers gathered near the
steps of Town Hall to hear from a number of
speakers and supporters, including Maritime
Union of Australia National Secretary Paddy
Crumlin, as well as International Transport
Federation President David Cockcroft. Truck
drivers, including long-time TWU member Euan
Scott-Bell, spoke of losing friends in the industry.
2008: Wright/
Quinlan Report
The National Transport Commission
released the Wright/Quinlan report which
called for a national system of Safe
Rates to be introduced. At that point,
the Federal Government committed to
implementing its recommendations.
2006:
A win in the IRC
The TWU won an historic case in the
NSW Industrial Relations Commission
which recognised the link between pay
and safety and made the top of the
supply chain accountable for the actions
of contractors further down the chain.
As a result of the strong showing by our members we made politicians
take notice. Prime Minister Julia Gillard committed the Government to a
concrete process for establishing a Safe Rates regime.
2011: James
Ruse Drive
2012: Road Safety
Remuneration Act
18 | TWU News Winter 2012
www.facebook.com/NSWTWU
YOU MAY HAVE noticed the Transport Workers’
Union of NSW popping up on your Facebook
sidebars.
That’s because the TWU is getting interactive
online.
Over the last few months, we’ve been actively
posting videos, photos and media releases in an effort
to keep people constantly updated on issues, news and
events as they happen in the transport industry across
NSW. This is about enabling you to keep your finger
on the pulse of industry news.
Our YouTube and Facebook pages overloaded when
TWU members danced at the ACTU Congress to
highlight the pressures Coles is putting on drivers,
pushing safety down the chain. This is just one
example of what social media can do.
Get involved in the online conversation.
It is as easy as logging in and clicking ‘like’.
Follow us at:
facebook.com/NSWTWU
youtube.com/TWUNSWBranch
Stay connected
THE TWU has been working hard
creating a new website for the benefit of
members to keep up to date with what
the union is doing for you – in your
yard, your industry, and even across
NSW and the nation!
We have new and exciting sections that
gives you the most recent information
about why it’s important to be TWU
and how you can access all the benefits
and services your union provides – to
give you real value for your membership
dollar.
Watch the latest video, find a great
shopping bargain or discount, keep
informed about the latest campiagns,
and make sure to to check out how the
TWU is leading the charge against Back
Flip Barry and the NSW Government’s
disgraceful attack on workers rights.
You can even use the website to link to
our new social media pages – Facebook,
YouTube, Twitter and Flickr (read more
below). And this is just the beginning.
In the coming months we will create a
members only area, where members can
update their details, pay their fees, access
Enterprise Agreements, and even join
discussion forums. Also a new exciting
travel program offering great deals on
domestic and international holidays will
soon be up and running.
“I urge members to vist your new
website to take advantage of this great
on-stop resource. A strong union needs
a strong online presence – and the
TWU has delivered for you,” said State
Secretary Wayne Forno.
Visit the revamped TWU website
at www.twunsw.org.au
VISIT YOUR NEW TWU WEBSITE!
The aim of the website is to
be a one-stop resource for
members – read about your
yard or industry, find benefits
and services, and keep
informed about our latest
campiagns and events.
- Wayne Forno
TWU News Winter 2012 | 19
WHAT BARRY HAS DONE
TO WORKERS SO FAR…
✗ Weakened OH&S prosecution
powers
✗ Inquiry into the future of the
NSW IRC launched, with the
possibility of its abolition
✗ Introduced legislation
increasing fines tenfold
against unions who breach
dispute orders
✗ Introduced legislation which
would introduce competitive
unionism, including Chapter 6,
✗ Public sector wages frozen at
2.5%
✗ Compulsory redundancies in
the public sector
✗ Workers Compensation
entitlements slashed
ON 6 March this year the NSW
Government introduced a bill designed
to promote competitive unionism into
NSW. The main thrust of the bill was
aimed at state public servants, however
there was also a section of the bill which,
if passed, would allow other industrial
organisations to represent owner drivers
and taxi drivers in NSW.
While the TWU does not support
competitive unionism in the public
sector, this would be even more
problematic in relation to owner-
drivers and taxi drivers. This is because
each different public sector union is
only dealing with one employer, being
the Government or a local council,
meaning that this is essentially a one-
on-one negotiation and arbitration
process. On the other hand, when the
TWU appears on behalf of contract
carriers and taxi drivers we are dealing
with multiple employers and employer
associations. For example, during the
most recent application to vary the
Transport Industry – General Carriers
Contract Determination there were
seven different parties who appeared on
behalf of employers. This meant that
during conciliation there were in total
eight parties attempting to reach an
agreement and failing this there would
have been eight parties representing eight
different points of view in arbitration,
a process which could have taken many
months. Had there also been multiple
THE INQUIRY into the consolidation
of Tribunals in NSW brought down its
findings in late March of this year. You
will recall that this inquiry, among other
things, examined the future operation
of the NSW Industrial Relations
Commission (NSWIRC) and its possible
incorporation into a so-called ‘Super
Tribunal’. Any changes to the NSWIRC
will have serious ramifications for
owner-drivers in NSW, as Chapter 6 is
administered by the NSWIRC.
At the conclusion of the Inquiry a
letter was sent to all members of the
parties representing owner drivers and
taxi drivers the process would have taken
much longer than this, thus meaning
owner-drivers and taxi drivers would not
have experienced any increases in rates
for a much longer period of time.
Another issue with this bill is
its potential to damage the
integrity of organised labour.
The level of professional advice and
capability that any newly registered
organisation could provide to owner-
drivers and taxi drivers is questionable,
especially small and poorly financed
organisations, and this would have the
potential of damaging existing Contract
Determinations and Agreements.
Further, this would open up the field
for any organisation to file disputes
at the Commission which could lead
to increased levels of industrial unrest
and meaningless (and potentially
industry damaging) disputes being filed.
There is also the possibility that fringe
organisations representing a small sector
of owner drivers could apply to vary
contract determinations in a way that
advantages them but disadvantages the
rest of the industry. Only the TWU can
properly represent the interests of all
owner-drivers.
At this stage, this proposed legislation
has not passed through Parliament and we
will keep you updated as things progress.
TWU explaining the outcome, which
was to appoint an expert panel to
further explore options to consolidate
the NSWIRC with other Tribunals. At
that time we did not know what the
composition of the expert panel was
going to be and as of now the expert
panel has still not been appointed.
This means that at this stage no
changes will be made to Chapter 6.
However, we must continue to be
vigilant and ready to stand up to any
changes that the NSW Government
may intend to make to Chapter 6.
Any changes which adversely impact
upon the rights of owner-drivers will
indirectly impact upon the rights of
employee drivers, as companies will
take advantage of such changes by
altering the mix of their fleet through
hiring more owner-drivers on lesser
conditions. As always, the TWU will
keep you updated.
CHAPTER 6 INQUIRY – UPDATE
Any changes to the
NSWIRC could have serious
ramifications for owner-drivers
in NSW, as Chapter 6 is
administered by the NSWIRC.
PROPOSED UNION
REPRESENTATION BILL
FAIL
LEGAL UPDATE
By Assistant Secretary Michael Aird
20 | TWU News Winter 2012
IT HAS BEEN a momentous few
months in the campaign for the National
Disability Insurance Scheme!
At the end of April, thousands joined
rallies around Australia, and just one
week later the Federal government
allocated $1 billion in to kick off the first
stage of the NDIS.
But there’s still more to do!
There is no guarantee that the Federal
Government will commit to funding
beyond 2014, and State and Territory
Governments haven’t committed teir
share.
To help lock in the NDIS for good,
become a supporter and ask five friends
to join the campaign. Our target is
200,000 supporters by the end of the
year.
“Help make the NDIS a reality so
people with disabilities and their families
and carers can have the life they deserve,”
says State Secretary Wayne Forno.
“Members of the TWU have always
lead the way in making sure the most
vulnerable people in our community, at
NDIS UPDATE
work and at home, have the support and
protection they need – we will not let
them down.”
Become a supporter of the NDIS
today! Visit everyaustraliancounts.com.au
or call 02 9256 3162.
Lend someone in need a
helping hand. The NDIS
needs your help today.
- Wayne Forno
TWU News Winter 2012 | 21
SOUTH COAST & SOUTHERN SUB-BRANCH NEWS
By Assistant Secretary and
Sub-Branch Secretary Richard Olsen
Greenfreight gets it right
EMPLOYEES at Greenfreight can
now breathe a sigh of relief, reaching
an agreement with management after
a long-term dispute over pay rises and
workplace conditions.
When Greenfreight acquired the contract
from Toll in 2009, the workers hoped to
hang on to the Enterprise Agreement they
had struck with the previous company.
Greenfreight however refused to recognise
it which led to negotiations that have only
recently been resolved.
NATIONAL AGREEMENT
FOR COOTES DRIVERS
DRIVERS at Cootes Oil and LPG have
a lot to smile about, signing off on their
first national agreement in May. This
new agreements means that drivers at
Cootes across Australia receive the same
pay and conditions under a single EA.
The new three-year agreement, which
has been voted and supported by more
than 95 per cent of members, provides
drivers with:
A 4 per cent wage increase;
A 1 per cent increase to the super
guaranteed contribution (SGC),
above what is stipulated by the
Federal Government;
90 per cent of Cootes drivers receive
a 30 per cent increase to their Sunday
penalty rates;
Union power clause;
Major consolidation clause
Drivers have come out of negotiations
with the best outcome in a short amount
of time. The outcome of the negotiations
speaks volumes about the strength
of delegates and their ability to work
together as a united force.
I would like to especially thank Glenn
Nightingale, our key negotiator, on the
agreement for pushing for nothing less
than the best for our members.
Glenn Nightingale said that the
agreement wasn’t perfect, but has put
drivers at Cootes are in a very good
position when they come to negotiate
their next agreement in 2015.
Though the drivers waited a long time
for an agreement, it was well worth the
wait, each receiving a 4 per cent pay rise.
This has been a long battle but
our members have stuck it out
and can now reap the benefits.
I would like to congratulate each of
the delegates and members at the yard
for their perseverance. The outcome is a
testament to the strength, hard work and
dedication of the members.
DRIVERS at Barnetts Couriers are getting
organised – and with good reason.
Last month, the TWU caught Barnetts’
management out trying to disguise courier
drivers employed by the company as
franchisees. This was a crude attempt to
distance itself from its responsibilities to
drivers who would otherwise be covered
under the General Carriers Determination.
Drivers have contacted Barnetts to
resolve the issue but the company doesn’t
seem to want a bar of it. Unlikely to budge
on the issue, many drivers have joined the
union in the hopes it will represent their
interests. With depots in the Wollongong,
ACT, Coffs Harbour, Goulburn,
Newcastle, Victoria and Queensland
membership is steadily growing.
TWU Official Lee Lawler said there was
nothing new in this.
“The TWU has seen this kind of
unconscionable behaviour before,” Lee said.
“The company is merely using ‘lease-
like-arrangements’ to avoid its legal
obligations to drivers. We have taken
those companies on and we will take on
Barnetts.”
TWU members are sticking together to
work towards a fairer and safer workplace.
UNHAPPY with the terms and
conditions of employment, members at
Baines Masonry in Appin approached
TWU Official Brad Gibson to get it fixed.
Following a series of meetings, and
strong growth in membership at the yard,
the TWU took on the company in order
negotiate an agreement.
After six months of negotiations, an
agreement has now been reached that
provides all employees at the yard fair rates
of pay, job security and delegates rights.
Six months ago, Brad Gibson was
approached by members who were
concerned about conditions at their place
of work. After open discussions with the
company, Brad is delighted to announce
that the company has turned a leaf and is
now working with employees to reach an
agreement which benefits both parties.
Brad told TWU News that the union
is looking forward to continuing the
relationship with the company in the
spirit of mutual agreement.
Barnetts’ sneaky business
Drivers unite to stick it to Barnetts
BUILDING RELATIONSHIPS AT BAINES MASONRY
22 | TWU News Winter 2012
After more than three years of
campaigning, members at the Sydney
Ports Corporation now have new
facilities which opened at on Monday 25
June.
The fight for new facilities began three
years ago when waterfront members were
almost booked by the police for lining
up on the road outside Sydney Ports, to
get inside the terminal.
“Port drivers were outraged that they
could be booked, for something they had
no control over. Something needed to be
done and the TWU jumped in to help
members fix the problem,” NSW State
Secretary Wayne Forno said.
Members called a meeting with Sydney
Ports Corporation, Botany Local Area
Command, and the companies based at
the terminals, to resolve the issue. While
the main issue was allocating space inside
the terminals to allow drivers to park their
trucks at the facility, members took this
as an opportunity to raise others concerns
such as the lack of toilet amenities.
“TWU delegates asked Sydney Ports
Corporation to provide, more toilet
facilities and a place for workers to rest.
The Ports aren’t just a parking lot, it is a
workplace and therefore members should
have the same facilities that are afforded
to workers at any other workplace,” Mr
Forno said.
Finally Sydney Ports Corporation
provided workers the facilities they
deserve. Members now have access to
toilets, an area where they can sit as well
as parking for up to 60 trucks.
Mr Forno welcomed the new facilities
saying: “I congratulate all members
for maintaining the fight for the new
facilities and ensuring that the two
companies kept their word.”
Wayne Forno, Richard Olsen and Rob Pirc congratulate Sydney Ports delegates
Three-year fight delivers Ports victory
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TWU News Winter 2012 | 23
SYDNEY SUB-BRANCH NEWS
By Sub-Branch Secretary Mick Pieri
Drivers get the flickWHEN Linfox lost the contract at
Franklins to Metcash, drivers knew
that the site at Yennora would be shut
down. What they didn’t expect was how
the two companies would handle the
transfer of business.
After winning the contract late last
year, Metcash gave no indication to
those employed at the Linfox site, when
it intended to take over. In addition,
the company also made it clear that it
wanted nothing to do with the workers
who had been previously employed
under the Linfox agreement. When
Metcash refused to transfer the workers
over to the new contract, they were left
in a difficult position.
There was a cloud of uncertainty as to
when the company would move in and
therefore the period of time they had to
find new work. Linfox did not help the
situation, leaving the redeployment of
AFTER months in arbitration, the
TWU’s dispute with Qantas is starting
to wind up with witnesses giving their
final statements on June 5. The TWU
finished arbitration on a high note,
with Qantas’ last witness, Gareth Evans,
admitting that an executive Committee
planned the lockout of staff and
passengers two weeks before the fleet was
officially grounded.
Our legal team came into arbitration
on the last day with all guns blazing
and put Qantas in its place. Gareth’s
testimony clearly showed that the
grounding of the Qantas fleet on October
29 was not a solution decided at the last
minute, but a premeditated event.
It’s inexcusable that the public and
Federal Parliament were led to believe
otherwise.
A decision is likely to be handed down
by Fair Work Australia in the next few
months.
Regardless of the result this was a
hard fought campaign. We stood up in
arbitration and made our voice heard;
that is what our members deserve.
BUSES EA STALLS
THE RESULTS of the bus survey
are in and drivers across NSW have
overwhelmingly endorsed the claim to
secure their conditions for the future.
Members have made it clear what
they want out of negotiations and are
eager to start the process.
A spanner has however been thrown
in the works since the last bus meeting,
with the Government’s proposed
changes to the bus tender process.
The Bus Enterprise Agreements
have come to a halt with BusNSW
refusing to discuss a new agreement
with members until the full details of
the tender process are outlined by the
NSW Government. As a result, bus
members will have to wait until after
July 1 to begin negotiations.
Though this is not the ideal
situation, it has given us another
opportunity to build and strengthen
our bus yards and ensure that when
it comes around to negotiating a new
EA, we are in the best position to
assert our claim. (see pages 8-9)
workers to the last minute and refusing
to pay those workers that they could not
find jobs for.
Frustrated workers contacted the
TWU to resolve the situation.
TWU Official Helen Sourlas described
the situation well when she said that
during this whole ordeal, neither
company took into consideration the
needs of workers employed at the site. It
was up to members to make sure their
voices were heard.
Workers also stopped work for two
hours, to pressure Linfox to meet them
halfway and help them find new work.
Through the involvement of the union,
all 12 drivers at the site were redeployed
to other jobs, which catered to their skill
set and personal circumstances.
Workers had their final day at the
Yennora site on May 28.
This is not the end of our fight at Sydney
airport: the TWU will always fight for your
rights at work.
QANTAS DELEGATE WINS ACTU
DELEGATE OF THE YEAR
I WANT to extend my congratulations
to Qantas International Baggage Delegate
George Oei on recently being named
ACTU Delegate of the Year.
For his courage under fire during the
media and public maelstrom that engulfed
the airline, George withstood enormous
pressures placed on him with good grace.
And even before the turmoil at Qantas,
he had always put in the hard yards
fighting for the rights of TWU members at
International. His dedication to the TWU
and the union movement makes him a
perfect candidate for this award. (see page 7)
Qantas Arbitration Update
George Oei, Bernie Mallary, Senator Matt Thistlethwaite
and Mick Pieri at the Qantas arbitration
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TWU News Winter 2012 | 25
NEWCASTLE & NORTHERN SUB-BRANCH NEWS
By Sub-Branch Secretary Mick Forbes
THIESS AGREEMENT
DRIVERS at Thiess Somersby refused to
approve an agreement unless it contained
a clause that allowed access to the
independent umpire for the resolution of
all workplace disputes, with the option of
arbitration should conciliation not resolve
the dispute. The decision not to sign any
agreement unless it contained this clause
was supported unanimously by members.
Senior Delegate Roger Maynier realised
that this clause was necessary to secure
the wages and conditions of members at
the site.
“We have learnt from past experiences
that without sufficient access to
arbitration, the achievements of an
agreement could be under threat. If a
workplace issue arises with our employer
and isn’t covered specifically by the terms
of the agreement, we can’t gain access to
Fair Work Australia and the dispute will
remain unresolved,” Roger said.
I’m pleased to report that at press
time Thiess appears to have agreed to
the inclusion of this clause, as well as a
significant pay rise. The agreement is
currently out to vote and we are confident
of a positive outcome.
I can’t stress enough how important it
is to have the ability to access Fair Work
Australia to resolve any workplace dispute
in an agreement and I congratulate all of
our delegates, activists and members at
Thiess Somersby for standing together to
achieve such a fantastic outcome.
Proof that solidarity delivers results
MEMBERS at the Port Waratah Coal Services (PWCS)
Carrington and Kooragang Islands terminals are gearing up for
negotiations with management for a new collective agreement.
The two sites have joined forces, in hope that their combined
strength will ensure they get the very best outcome for members.
Delegates have been meeting regularly with the Single
Bargaining Unit, TWU members and other unions at the two
sites, including the MUA, AMWU and ETU to prepare for
negotiations with PWCS management.
TWU members are integral to the continued success of
PWCS and in this round of negotiations, will be looking to
secure their fair share of company profits due to the mining
boom.
From left to right: Co-Delegate Ian
Hankinson, Newcastle Sub-Branch
executive member Roger Maynier
and Delegate, Shaun McKinnon
MEMBER LIFTS HIS PAY
A DRIVER at a local Newcastle company
has received more than $1,600 in back
pay after noticing a considerable wage cut
when he opened his payslip.
When the driver started working for
the company, he was told that he would
be employed as a casual. While he was
required to be on call, the casual rate meant
that he would receive a base rate, equal to a
permanent driver and a casual loading.
After 13 weeks at the company, our
member noticed a discrepancy in his pay and
approached management about fixing it. His
manager said that he wasn’t entitled to the
casual loading, as he had been contracted
on a permanent basis with the company.
Frustrated by the manager’s response, he
approached Official Mike Gamble for
advice.
The TWU knew that the member was
owed the money and took the dispute
to Fair Work Australia. A settlement was
reached between the two parties and the
Newcastle company agreed to put the
member on the casual pay rate he had
been contracted on 13 weeks earlier.
This demonstrates why all transport
workers should make sure they compare
their pay details with their entitlements
and join the TWU. The TWU is on
your side!
THE Newcastle Sub-
branch Executive has a new
addition to its team. Les
Fetch, a dedicated and active
delegate, has joined the
Executive team.
I congratulate Les on his
well-deserved appointment,
and I know that he will
continue to fight for
members both at yard level
and as a member of the
Executive.
NEW MEMBER TO OUR TEAMMEMBERS GEARING UP FOR NEGOTIATIONS
26 | TWU News Winter 2012
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WAYNE Forno joined members at the
Johnson’s Transport yard in Smithfield,
to farewell 3 long-standing members,
who have run up more than 80 years of
union membership.
The three members, Thomas Fittler,
Edward Bruce and Wayne Taylor had
their final day at the Johnson’s Transport
yard last Friday.
“I was the organiser for the Johnson’s
Transport yard for 5 years when I first
started with the TWU and it is a yard
very close to my heart. I have fond
memories of Tommy, Edward and
Wayne, who were always willing to get
involved in negotiations and general
yard issues to ensure their mates got
what they deserved,” said TWU NSW
Secretary Wayne Forno.
“I would like to thank each of them
TWU NSW State Secretary Wayne Forno, with retiring
members, Thomas Fittler, Edward Bruce and Wayne Taylor
Retiring members call it a day
The TWU recently received a warm
letter from a family member, thanking
Wayne Forno and the union for the
Certificate of Appreciation sent to them
for their late father James Rymill.
James Rymill joined the TWU in 1956
and kept up his membership until he
passed away earlier this year. This is an
extraordinary feat for anyone and his
dedication should be remembered.
“James Rymill gave his life to the
movement and the union he believed
in. The certificate was just a small token
on behalf of the TWU to acknowledge
the on-going contribution to our union.
James’ family should be proud of him
and the impression he has left on
members within the TWU,” said TWU
State Secretary Wayne Forno.
for their on-going contribution to the
yard and the union at large. I wish each
of them a happy retirement.”
Thomas Fittler, a long-standing
delegate at the Johnson’s Transport yard
said that he was grateful for the position
he had been in, as a delegate for the last
10 years and thanked Wayne Forno and
the organisers that followed, for their
support.
“While I have parked my truck for the
last time, I have not doubt that I will
continue my involvement in the union
as a VET.”
h l d
Dear Wayne,
I am just writing to thank you for the
Certificate of Appreciation you sent to us for
our late father, Thomas Rymill. It was great to
have his loyalty to the union recognised and
the family appreciates it.
I am not sure how long my father was
a member for but I feel certain it was an
impressive number of years. He kept up his
membership for 27 years after his retirement
until his death earlier this year. Before that
he worked for Qantas for over 30 years and I
think he would have been a union member for
most of that time, if not all.
Through Qantas, our family has had a
long association with the transport industry.
My parents were both working for Qantas in
Darwin when they met and married. Our first
home was the Qantas married quarters in
Darwin. So I would like to wish the union well
in any future campaigns to keep Qantas jobs
in Australia.
With my best wishes
Jennifer Mott
While I have parked my truck for
the last time, I have not doubt
that I will continue my involvement
in the union as a VET.
- Thomas Fittler
APPRECIATING
UNION SOLIDARITY
TWU News Winter 2012 | 27
ACT SUB-BRANCH NEWS
By Sub-Branch Secretary Klaus Pinkas
No more cleaning
away members’ rights
MEMBERS at the second largest waste
contractor in Australia have come out on
top, securing the wages, conditions and
employment for those servicing the ACT
Domestic Waste Contract.
This is a significant win for members
at Cleanaway, the new contract tender
documents outlining that all entitlements
of the previous contract must be
transferred over to the new one.
With the contract end date close
approaching and a draft tender being
drawn up by the ACT Government,
ACT Delegates wanted to ensure that the
previous entitlements of those working
under the waste and recycling contract
were taken into consideration under the
new tender.
Delegates Rob Sharpe, Ray Pollard and
Mick Moore lobbied ACT Members of
Parliament to make sure those vital rights
and conditions were contained within the
documents.
The TWU Committee of Delegates
lobbied local politicians and received
commitments from the Government that:
the new contractor would uphold the
rates and conditions contained in the
current Agreement;
if the new contractor required more
drivers than are currently employed by
Cleanaway then current employees,
who are fit willing and able to work,
must be offered a job, and;
if fewer drivers are needed at first,
but new drivers are required within
the first 3 months of the contract,
those positions must be offered to the
Cleanaway drivers who missed out.
This achievement provides more
certainty for ACT waste workers, who
until now had always been anxious
about what would happen to them with
a change in tender and a ‘new contract’.
This was an enormous victory for all
TWU members at the Hume depot.
This is a testament to what can be
achieved and an example of how the
TWU secures your rights and entitlement
in the waste industry. Hopefully, this
victory can be replicated in waste contracts
across NSW.
ACT Ambulance Service (ACTAS)
members have been given a boost, with
the ACT Government increasing funding
by allocating an extra $9.5 million in the
Budget for the vital service.
The additional funding was not
achieved without a much needed push by
TWU members. Official Ben Sweaney
said that TWU members were crucial to
the new funding program.
“This is a great result for TWU
members. In what was a very tight
budget the ACT Government have
made a commitment to ambulance
workers for desperately needed resources.
These additional resources are the result
of lobbying by TWU delegates and
members.”
TWU members at ACTAS have been
under-resourced in a growing Territory
and through additional funding, an
increase in staff and 2 new vehicles,
members are certain they can provide the
best service to the community.
The TWU Ambulance Members
Caucus has once again achieved what
they have set out to do and they should
be congratulated on a job well done.
A WIN FOR COMMON
SENSE
I WOULD like to congratulate
the team at Transit Group, Ian
Bopf and Anthony O’Mara, who
have had their Driver Authorities
reinstated after appeals were
lodged with the Administrative
Decisions Tribunal. Transport
and Infrastructure NSW unfairly
cancelled the Driver Authorities of
two TWU members after minor
incidents. This meant that the
drivers were unable to meet the
requirements of their job.
With the support of the TWU
legal department, the two drivers
had their Authorities returned to
them last month.
This is a win for common sense.
The two drivers are highly regarded
within the community and a single
driving offence, which is a small
blip on a 20 year driving record,
should not constitute the removal
of their ability to make a decent
living.
MEMBERS PREVAIL
ON THE NIGHT SHIFT
DOING the night shift isn’t all
it is cracked up to be, or so four
members soon found out. When
members working at StarTrack
realised that they were not getting
the same entitlements available to
their co-workers on day shift they
responded by calling in the TWU.
Through the assistance of the
TWU, the four long-standing
members of the StarTrack night
crew received $3,500 each in back
pay for various allowances that
were not paid in the past. The
payments were for crib and travel
allowances that the day shift had
won through previous battles.
TWU Ambulance Delegates, Justin
Hockley and Steve Thompson
reviewing the 2012 Budget Outcomes
Ambulance members see red
28 | TWU News Winter 2012
PEOPLE stop work for many different
reasons and often don’t know what they
can claim under their superannuation and
insurance policies. It is important that you get
advice before stopping work because the way
that you stop work can change your payouts.
Early access to superannuation
If you have stopped work you may having
financial problems. Most super funds allow
you to get some of your super to help you
through these times. However, the rules for
early access can be complicated and can
affect your other benefits.
If you access your superannuation on the
grounds of financial hardship and you are
under the preservation age (55-60) you may
have to pay tax up to 21.5 per cent. However,
if you have a permanent incapacity, the
tax may be small and if you have a trauma
illness, it’s tax-free.
Any lump sum you take out of your super
fund will count towards the Centrelink assets
test, not the income test.
Superannuation benefits
If you are sick or injured there may also be
insurance benefits you can claim. Most super
funds have automatic death and disability
insurance benefits that can be very valuable,
particularly if your illness or injury is long
term.
Contact the TWU for a referral on (02) 9912 0700
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Contact your union for further information.
Maurice Blackburn are the TWU’s recommended lawyers
SUPERANNUATION AND INSURANCE FOR PEOPLE STOPPING WORK
By Maurice Blackburn Lawyers
Associate Josh Mennen
The insurance cover under most super
funds comes in four different types:
Death – Usually lump sums paid to your
dependants or your estate if you die when
a member of a superannuation fund.
Terminal Illness – a lump sum paid if you
have less than 12 months to live.
Total and Permanent Disability (TPD)
– Lump sums paid if you can’t go back to
your usual job or other suitable work in
the long-term because of any injuries or
sicknesses.
Income Protection or Total and
Temporary Disability – Usually monthly
benefits for two years from the date you
stopped work (minus the waiting period)
or maybe up to age 65.
Insurance benefits
You may also be covered for insurance
benefits through private income protection,
mortgage protection insurance, trauma
insurance (pays a lump sum upon a
particular diagnosis, eg cancer, Multiple
Sclerosis, heart attack or stroke) or life
insurance.
You may also be covered under a
sickness and accident scheme under your
employment agreement, for example, with
IUS or Coverforce. These policies provide
income protection or top-up benefits and
sometimes lump sums.
It’s important to get advice about what
cover you have.
Terminal illness
Recent changes to legislation allow someone
who has been diagnosed as terminally ill to
access all of their superannuation tax-free.
Terminal illness means that a member has
less than 12 months to live. However, if you
access your super you might lose valuable
insurance benefits.
Some super funds allow a terminally
ill member to claim the insured death
benefit even though they are still alive. The
insurance benefits are also tax free.
Help
Decisions you make about stopping work,
going part-time or changing jobs can stop or
reduce your insurance cover.
It’s really important to get advice about
your rights before you make any decisions. If
you have already stopped work, it’s important
to get advice as soon as you can.
Maurice Blackburn has a free
superannuation and insurance advice service
for union members, their familes and friends.
Call 1800 196 050 for help and free advice.
TWU News Winter 2012 | 29
nationalnews
Fighting against
the Big Squeeze
Tony Sheldon • National Secretary
WITH the help and support of
thousands of our members, we created
history on July 1 when the Road Safety
Remuneration Tribunal began operation.
The Government has finally taken notice
of just how dangerous trucking can be
and we now have the opportunity to
create a better, fairer and safer system.
The Tribunal will enable us to hold
clients to account for pushing safety
down to the bottom of their list,
with unrealistic pay and unacceptable
deadlines. Leading up to 1 January 2013,
the Tribunal will be setting its priorities
to deal with unsafe and unfair work
practices for employee and owner-drivers
and everyone in the transport chain.
To help the Tribunal get the best
possible picture of the issues that
matter, we will shortly be conducting
a nationwide survey of truck drivers.
Over the coming months drivers, union
delegates and officials and supporters will
travel to truck stops, break-rooms and
depots across the country to help set the
priorities for the Tribunal.
on average, a driver in the Coles supply chain
spends hundreds of hours per year in waiting
times, robbing drivers of thousands of dollars
each year.
Over the past number of months we have
rolled out a number of community actions
and protests that have named and shamed
Coles as the worst offender when it comes
to squeezing truckies in their supply chain.
In May, truckies joined TWU members and
officials in four different cities across Australia
to protest Coles pushing safety down to
the bottom of the supply chain. Stores in
Brisbane, Melbourne, Perth and Sydney were
plastered across the news with hundreds of
TWU supporters bringing their message to
Coles and into homes right across the country.
As Sydney truckie Euan Scott-Bell
commented: “Coles have to take responsibility
for the safety of their drivers and their
workers… they are not giving people enough
time.”
Later that month, 800 union delegates, who
represent over 1.8 million Australian workers,
gathered to support our action outside the
Coles store in Pyrmont, Sydney.
The campaign to get Coles and other major
retailers to take responsibility for the safe
transport of their goods is only just beginning.
Together, we can build a campaign
nationwide to ensure that truckies are given
a fair deal, where they are no longer squeezed
for every dollar and cent or pushed to their
limits just to put food on the table.
National Secretary Tony Sheldon:
The campaign to get Coles and
other major retailers to take
responsibility for the safe transport of
their goods is only just beginning.
You can find more information on the campaign at
www.saferoads.org.au or at www.facebok.com/TWUAus
Major retailers are responsible
for almost one in every three truck
movements in Australia. This enormous
economic power allows them to dictate
to truckies and transport companies on
price, delivery schedules and waiting
times. They are sweating their supply
chain for every last dollar and profiting
the pockets in record executive salaries.
The result of this pressure by Coles
was highlighted in a recent survey of
715 truck drivers across the country.
This found that 55 per cent of drivers
responding who worked in the Coles
supply chain felt pressured to drive too
fast. The survey results also revealed that
By itself, the Tribunal doesn’t
guarantee better pay, conditions
and safety for truckies. But by
standing together as part of the
TWU and taking action in support
of cases, drivers can express
their rights and make those with
the economic power such as
Coles accountable.
30 | TWU News Winter 2012
Challenge Union Shopper
a better deal.
Union Shopper saves
an ever-increasing
unionshopper.com.au
TWU News Winter 2012 | 31
Send entries to Kids Corner c/o TWU News, PO Box 649, Parramatta 2124.
Name:_______________________________________________________________
Age: _______________Phone: ___________________________________________
Address: _____________________________________________________________
_____________________________________________________________________
The winners are...
In last edition’s colour comp
we had 3 great winners!
Colouring Competition
KIDS
CORNERSteven
Age 3
Riverstone
Christina
Age 5
Parkes
Mikaylla
Age 6
Merrylands
L
D
C
O
Winter Sudoku
Every row, column and mini-grid must contain the
letters C O L D. Don’t guess - use logic
n h
h
hhwinter maze
Winners
receive Toys R
Us vouchers to
spend on the
goodies of their
choice!
Q: If you live in an igloo, what’s the
worst thing about global warming?
A: No privacy!
Q: What’s an ig?
A: A snow house without a loo!
Q: What do you call a reindeer with no
eyes?
A: I have no eye deer.
Conference is the most important
time of the year for union delegates
- it is the place we all come
together, to share our stories, learn
about what is going on in other
industries and build on our power. I
advise all delegates to take the time
to be a part of the conversation.
I know I will be telling all the
delegates out my way to come
along.
Frank Mesaros,
Westbus Northmead
Conference is first and foremost
a great opportunity to catch up
with your fellow delegates, not just
from with your industry but all the
industries covered by the TWU.
You get to meet the delegates
from other regions and other
occupations and swap stories and
find out about what the union is
doing on a wider scale than just
your workplace. I wouldn’t miss it.
Bobby Keenan,
SITA Chullora
The Delegates’ Conference is our chance to thank you for your work, listen
to your ideas and keep you updated on the changes in the industry. With
over 700 delegates, representing more than 30, 000 members in the transport
industry set to attend, this year is looking to be our biggest yet!
Wayne Forno, TWU State Secretary
2012: Delegates’ Conference
I attend the Delegates’ Conference
every year because no matter how
successful we as a collective are, we
can’t rest on our laurels. The Conference
is the perfect opportunity for all the
delegates to come together and prepare
for the next campaign. Safe Rates may
be up and running, but now we need to
push to make sure its working the way
it’s supposed to be. Conference is all
about maintaining that momentum.
John Waltis,
Linfox Chullora
ORGANISING FOR POWER
2012 Delegates’ Conference
Thursday 30th and Friday 31st August 2012
If you are a delegate you can register online at www.twunsw.org.au/delegates-conference
OR call the TWU Members’ Service Centre on 02 9912 0700 for a registration form.

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TWU_NEWS_winter_2012_web(1)

  • 1. The Official Journal of the Transport Workers’ Union of NSW • Issue 69 • Winter 2012The Official Journal of the Transport Workers’ Union of NSW • Issue 69 • Winter 2012 TWUTWUnews DRIVERSDRIVERS K FORK FOR A FARE GOA FARE GO COMPO ATTACK ◆ A WINNING DELEGATE ◆ 1ST FLEET SAGA SAFE RATESSPECIALFEATUREPP 14-17
  • 2. 2 | TWU News Winter 2012 PRESIDENT’SPREACH CONTENTS CONTACTS Editorial: Iva Tora 02 9912 0708 iva.tora@twunsw.org.au Advertising: Catherine Paull 02 9912 0711 catherine.paull@twunsw.org.au 31 Cowper St, Parramatta 2150 Print Post Approved PP 241 613 0059 George Clarke • TWU President In solidarity, George Stop ripping workers off President’s Preach: Stop ripping workers off 2 Wayne’s Word: Organising for power 3 Workers Compensation: Thousands brave rain for Compo rally 4-5 Member’s story: An uncertain future 4 How will Compo cuts affect you? 5 New-Look TWU Team 6 George Oei: A winning delegate 7 Bus Industry: Drivers busk for a fare go 8-9 TWU Vets support bus drivers 9 Pay rise for AAE subbies 10 Agreement with StarTrack 10 Waste workers pocket their entitlements 10 TWU protects workers’ right to strike 11 TWU courts victory in Toll case 12 Reaching out to help a TWU family 12 1st Fleet Saga 13 1st Fleet subbie tells his story 13 Safe Rates special: Your questions answered 14-15 How will it impact Chapter 6? 15 How Victory was achieved 16-17 Visit your new TWU website! 18 Stay connected with Facebook 18 Legal update: Proposed Union Representation Bill 19 What Barry has done for workers so far… 19 Chapter 6 Inquiry – Update 19 The NDIS: making it REAL 20 South Coast & Southern Sub-Branch News 21 Three-year fight delivers Ports victory 22 Sydney Sub-Branch News 23 North Coast & Northern Sub-Branch News 25 Appreciating Union solidarity 26 Retiring members call it a day 26 ACT Sub-Branch News 27 Superannuation and insurance for people stopping work 28 National News: Fighting against the Big Squeeze 29 Kids’ corner 31 2012 Delegates’ Conference 32 Photos: Alex Du Plessis Jessica Malnersic Todd Pinkerton THESE last few weeks have seen one rally after another at NSW Parliament by the union movement voicing our strongest opposition yet to the wide- sweeping cuts to workers’ rights and entitlements by the State Government. We have seen workers compensation being slashed and we should expect more cutbacks as up to 15,000 public sector jobs are tipped to go as part of the O’Farrell Government’s so-called cost- saving measures. On Wednesday June 13, more than 5,000 union members and supporters braved the rain at NSW Parliament to protest against the cuts to workers compensation. On June 21 the TWU staged another protest, this time against the NSW Government’s plans to place private bus contracts out to open tender. If certain safeguards aren’t a condition of tender, this would allow any company to tender based on the Modern Award, meaning the wages of bus drivers would drop by around 30 per cent. This union has a strong history of supporting and creating efficiencies in the bus industry – but this can’t come at the expense of drivers’ wages and conditions. We need commitments from the Government that not only will drivers’ conditions be maintained, but that they will be improved over the life of the tender. In other news, the liquidation of transport company 1st Fleet was not only devastating but a tragedy for the hundreds of subbies who lost not only their trucks but also their livelihoods. 1st Fleet workers and subbies were owed up to eight weeks in wages – which is an issue that the TWU is working to resolve. Meanwhile 1st Fleet Managing Director Stephen Brown, dealt with the company’s collapse by flying off to the USA while the TWU was left to stop the haemorrhaging. On a more uplifting note, I was George Clarke (centre) with Paul Newton, delegate at Toll Priority Erskinville (left) and Ray McMillan, (right), President of TWU Western Australia delighted with the news of the passing on March 20 of the Road Safety Remuneration Act in Federal Parliament. Most of you would be aware of the long and turbulent journey the Safe Rates campaign has travelled which makes the passing of the bill into law even more significant and a milestone in the rich history of our union. The passing of this Bill into law would not have been possible without the vision and hard work of Wayne Forno and Tony Sheldon who pioneered the concept from its very early days. I congratulate the NSW branch, all the rank and file members and senior officials for your relentless campaigning over the last 18 years. Your commitment and dedication have finally been rewarded.
  • 3. TWU News Winter 2012 | 3 WAYNE’SWORD Wayne Forno • TWU Secretary Wayne TWU Secretary Wayne Forno with Official Arthur Casey, StarTrack Delegate Leo Hackett and other StarTrack members who understand the importance of being TWU NEWS of the collapse of transport company 1st Fleet was a devastating blow for thousands of the company’s truck drivers and sub-contractors across the country. When the company went into liquidation, many workers were able to retrieve money owing to them but owner-drivers were not so lucky. Many not only had up to eight weeks of pay owing to them – but also lost their trucks which are expected to be auctioned off as assets of 1st Fleet. the list goes on. To make matters worse, these changes take effect retrospectively. This should serve as an ominous warning to those of us who may have become complacent of late, that nothing will be sacred as long as the O’Farrell Government remains in power. A raft of anti-worker laws has also been introduced clearly aimed at stripping workers of their hard-fought rights announced an inquiry into the future operation of the NSW Industrial Relations Commission. The TWU gave evidence last December stressing the importance of keeping Chapter 6. While no changes to Chapter 6 loom on the immediate horizon, we must remain ever vigilant to what injustices may be unleashed on our hard-earned rights. On a more inspiring note, I am delighted to announce that the ACTU named Qantas worker and long-serving TWU delegate, George Oei, as Delegate of the Year. George has been a very passionate and supportive representative of the TWU. The amount of work and level of energy he delivered during the turbulent days of the Qantas dispute should inspire all of us. George’s unswerving commitment serves as an example of what we are all capable of achieving. Finally, Safe Rates is now law, a milestone in the history of our union. We can all look forward now to the operation of the Tribunal to commence on 1 July. We bring you in this edition a history of the long turbulent journey of this campaign. This case highlights the importance and the need for workers to join a union. Complacency in the workplace is a futile and irresponsible exercise that can have costly repercussions. It was very encouraging to see thousands turn up on June 13 at NSW Parliament House, despite heavy rain to exercise their vocal chords in a solid show of opposition against the State Government’s cuts to workers compensation. Under the new laws, there are now caps on medical expenses, limits on cover for various injuries and and entitlements. It will now be more difficult, for instance, to prosecute companies that do not practice safe work policies. Unions can also be slapped with heavy fines of up to $110,000 for breaching dispute orders. The Government has introduced competitive unionism – which could lead to employer-run unions, public sector wage freeze at 2.5 per cent and compulsory redundancies And if this isn’t enough, we are now confronted with the threat to Chapter 6. Last year, the O’Farrell Government The 1st Fleet case highlights the importance and the need for workers to join a union. Organising for power
  • 4. 4 | TWU News Winter 2012 Mike Walsh, a TWU member and former bus driver from the North Coast was a union delegate for many years and has won awards for Activist of the Year and Delegate of the Year. Thousands brave rain for Compo rally ❞ ❝ Facing an uncertain future Let’s be clear – the changes to workers compensation will affect you and your loved ones. This is not something we can afford to be complacent about. -TWU NSW Secretary Wayne Forno LIFE took a turn for the worse for Mike following a series of injuries that ruptured both shoulders that eventually led to his dismissal from work. Since then Mike has been receiving $397 a week in workers compensation. His first injury stemmed from an accident in August 2008. “I was bending down to pick up money off the floor. Where the driver sits is a foot higher than the normal floor so I had to stretch down and stretch and stretch and just ripped a tendon in my left shoulder,” Mike recalls. “I continued working but went to the doctors in November 2008 who put me on light duties. I didn’t go on full workers comp until about March 2009 – when I was operated on.” While receiving treatment for his first injury, Mike had another fall at his bus depot which damaged his right shoulder. I sustained my injury my weekly compensation payments would probably have been cut-off by now, as would the compensation of my medical expenses. I’d have to have paid my own legal costs to take on my insurer, even though I was ultimately entitled to compensation, in which case I might not have bothered taking the risk to claim compensation in the first place. Because of the retrospectivity of some of the changes, I’m still not sure where I stand as we speak. “I’ve worked since I was 14 and half: I never had a day off work. Next March, I will be 62 and I get nothing.” Mike’s message to all workers and to those in the transport industry is to join the TWU. “The TWU will protect you and your job security, otherwise the government will screw you. “Not only is the union good for job protection and safety aspects and keeping the bosses honest, you also have great camaraderie with fellow members – and a lot of support – united we stand, divided we fall. If it wasn’t for the TWU, the government would crucify workers: you would have nothing.” “I had surgery on March 5 on my left shoulder and was off work for 15 months. At this stage, my right shoulder still hadn’t been fixed and I just had to persevere with that. “It was so incredibly painful. QBE didn’t recognise it as an injury and they kept on referring to my left shoulder and couldn’t get around the idea that it was my right shoulder as well that was injured. “In October 2011, I had to stop work because my right shoulder was just too painful and I tried to get QBE to give me the okay for surgery on my right shoulder and in February this year, I was finally operated on my right shoulder. If the new laws were around when
  • 5. TWU News Winter 2012 | 5 Payments for most workers will stop after 2½ years regardless of the state of the injury Payments for medical expenses will cease after 2½ years, regardless of the need for treatment Weekly income will be reduced from 100% after just 13 weeks Lump sum payments will only be available for the most serious injuries Heavy rain failed to dampen the spirits of the more than 5,000-strong crowd that rallied on June 13 at NSW Parliament against the State Government’s planned cuts to workers compensation. The TWU had a solid contingent of officials, delegates and members from across Sydney and also had strong representation at similar rallies in Newcastle and Wollongong. The workers compensation changes passed through Parliament on June 22. How will Compo cuts affect you? I am semi-retired now but these cuts are the worst attack on injured workers I have seen in my working life. - TWU member Brian Beckwith ❞ ❝ Journey claims, where you are injured travelling to and from work, have been tightened and most workers will not be eligible Partners of loved ones killed will no longer be entitled to any payments Some changes will apply retrospectively All legal costs will be paid by the worker even if they win The biggest changes to workers compensation in more than a decade have been passed by the NSW Government. The main changes are:
  • 6. 6 | TWU News Winter 2012 RICHARD OLSEN jumped straight into organising with the TWU when he joined in 1998. During his first few years with the union he looked after the city and surrounding areas which encompassed a range of industries, from freight to the waterfront. This early experience meant that Richard could solve almost any issue or dispute that arose in a yard. This skill came to be particularly handy when he oversaw 3,000 airport industry members from Qantas catering, domestic and international. It was during his first year as the organiser of the airports that Ansett collapsed. This was a challenge for the industry which Richard embraced. From the first announcement of its collapse and in the following months, Richard was at Sydney airport on a daily basis, reassuring members that the TWU was fighting to secure their entitlements - and Richard kept to his word. Richard mobilised members and the wider community to pressure the Federal Government to improve the GEERS scheme. In 2001 the TWU got its way when John Howard personally guaranteed improvements to the GEERS scheme during a meeting with Richard and TWU Officials. This remains the highlight of his career, a fight which the TWU lead and that has protected thousands of Australians since. From that point on Richard was seen by many as a leader in the union. Richard became South Coast and Southern Sub-Branch Secretary in 2003 and now also serves as Assistant State Secretary. A new year brings with it new fights and the new-look TWU team have already shown that they are up for the challenge. TWU News spoke to Assistant Secretaries Michael Aird and Richard Olsen to get an insight on what has brought them to the position. New-Look TWU Team Richard Olsen, Assistant State Secretary and South Coast Sub-Branch Secretary Goals for the union: More than ever we need to be focusing on improving as an organising union and secure our relevance within the union movement and the industry. Crucial to this and all other outcomes is recruitment and the retention of members within our union. This requires us to have a recruitment strategy to grow community wise, politically and industrially. We need to build on our strength to ensure that we have the power to secure the best outcomes for workers in the transport industry for years to come. MICHAEL AIRD started out in the industry at the age of 16 as a delivery driver for Pizza Hut and later at the waterfront for Brambles at Newcastle. Michael easily transitioned into his role at the TWU as an organiser in 1995, where he looked after the North Coast. This took him from Taree to as far as the Queensland border, playing an important role in supporting and protecting the rights of transport workers in regional NSW. He then moved south to help organise members in the Wollongong area from 1998 until 2002. During this time, Michael pursued a number of issues that affected members in his areas, turning each issue into a TWU campaign. Michael worked hard for his members and achieved some great outcomes. An example of this was during the TWU campaign to stop outsourcing in the Cash-in-Transit sector. Michael led a full-blown campaign against the industry’s biggest employer, Chubb, when the company tried to contract work out. Through pressure from the TWU, Michael helped secure the future for members at the Cash-in-Transit giant. Michael’s perseverance on issues-based campaigns was recognised in 2002 when he was nominated as the ACTU’s Organiser of the Year. After this, Michael was encouraged to use the skills learnt on his campaigns to help members at a different level – as a legal officer. Michael returned to his first area as an organiser, in Newcastle to complete a law degree. During this time, Michael took some time off from working at the TWU, but he frequently represented injured members as a solicitor with Maurice Blackburn. In 2010, Michael joined the TWU again, but this time as a senior Official, overseeing the development of the TWU’s bargaining campaigns. He was instrumental in negotiating national agreements with major transport companies: Linfox, TNT and Toll. Bringing with him a vast range of skills and experience in the industry, Michael now shares the role of Assistant State Secretary with Richard Olsen. Michael Aird, Assistant State Secretary Goals for the union: The TWU is one of the largest and strongest unions in Australia, built from the dedication of our members. We owe it to those who have made this union great to ensure that our legacy never falls by the wayside. We need to continue our fight to be the union that is a representative of and for transport workers, whether it is ensuring that workers have secure work or rallying against the big end of town such as Qantas, Coles or O’Farrell. We need to be at the forefront pushing for the best outcome for workers in the transport industry.
  • 7. TWU News Winter 2012 | 7 Tell us about your yard? Our yard has drastically changed from when I started at Qantas International back in 1991. In the last few years, Qantas has really stuck it into us and cut hundreds of jobs in the sector while managing to increase management threefold. This has been very difficult for me to watch and I have seen friends who I have worked with for years being replaced with cheaper labour. Workers are starting to realise what Qantas is all about and are now fighting to save their jobs. The TWU has always had a strong presence in our section but Qantas’ recent war on its workers made our yard more united than ever. What made you decide to become a TWU delegate? At one stage, I did it to save my job and those of my workmates. Our members needed to be supported at the airport and I felt that it was my duty as a senior member to throw my hat into the ring and be a representative. What are some industrial wins you’ve achieved in your yard and how did you win the fight? We have done a lot to protect jobs at Qantas. As a united force, International and Domestic members have worked together to push for casual workers to be put on full-time work. The number of people who have been moved to full-time work has risen to more than 45. This is an important achievement for us. What it shows is that with the TWU behind us, you can win almost any fight. What are the highlights of your time as a TWU member and delegate? I’ve been a part of a number of great success stories as a delegate but one that sticks out for me, is uniting the delegates across Sydney Airport, from International and Domestic terminals, with the help of Jim Mitropoulos and Donny Dickson to fight for a common goal. Having the added support of members at the Domestic terminal has been essential to the power we have to keep Qantas in line. As a collective, we will only grow stronger. What issues are important to you or are you passionate about? The one issue that gets under my skin is safety at work. The workers under the ramp are aging and are doing the same job they were doing 10 years ago. I want to be able to leave my job capable of living a fulfilled life, not deal with an ongoing injury because of work. This is a problem that needs to be fixed. Why is it important to be in the TWU? It’s the best insurance policy money can buy. If you aren’t union, you could lose everything; basic conditions, wages and worse, your job. Insecurity at work is just not worth it What do you get out of being TWU? Being around the key TWU players in the Qantas dispute has given me the drive to secure the rights and conditions of our members at work. If you look around at all the unions, the TWU is always out the front leading the charge. They have the guts to stand up to those at the top and fight for our livelihood. What’s the best thing about being a delegate? I’ve been a delegate for more than eight years and for me, the most important thing is representing and fighting for our members and winning. From my experience, you might occasionally lose the battle, but if you keep up the fight alongside your members, for the right cause you will always win the war. What do you say to members working in the Aviation industry reading the TWU News? A company may blame its workers when everything goes south, but what we need to remember is that we are fundamental to the growth of the company – not management – and we should not let a company forget this. This is our reason to keep fighting on! Keep supporting the TWU and they will have your back 100 per cent. Profile: George Oei George Oei, a baggage handler has been representing TWU members at Qantas International for more than eight years. He has never shied away from his responsibilities as a delegate, always going the extra mile for his workmates and George has now been recognised by the ACTU for his work. A very humbled George spoke with TWU News to get to the bottom of what makes this ACTU Delegate of the Year tick. A WINNING The TWU congratulates George on his award and hopes that he will continue to encourage and fight on behalf of the TWU at Sydney Airport for years to come.
  • 8. 8 | TWU News Winter 2012 AS BUS DRIVERS across NSW gear up to commence negotiations for a new enterprise agreement with their respective employers, the State Government has thrown the industry another curve ball. In May this year the O’Farrell Government announced a change in the operation of the tender process to promote further competition within the industry. From July 1, NSW private bus contracts will be open to any company willing to do the job at the lowest price. The TWU has always had a strong record of supporting and promoting efficiency in the industry, but we fear that the new tender process will provide cheaper services simply by cutting the wages and conditions of bus drivers. TWU bus drivers are currently covered by an industry-wide union agreement, which ensures that every member has access to fair pay and conditions. If the tender process by the State Government goes ahead, this agreement could be at risk as will conditions that the TWU and its members have fought hard to keep. Without provisions to protect drivers’ pay and conditions, employees could see DRIVERS Wayne Forno and the negotiating committee hand over a petition to Opposition Leader John Robertson a drop of more than 30 per cent in their earnings. In the end bus drivers under this process will lose out. Our bus drivers provide a crucial
  • 9. TWU News Winter 2012 | 9 K FOR A FARE GO The TWU Veterans’ Club, including Peter Cooley and Ken Jones (pictured), braved a cold winter’s day in Sydney to protest Barry O’Farrell’s attack on the rights of bus drivers – an attack that will put bus drivers and their passengers at risk. “I congratulate the courage and commitment from members of the TWU Veterans’ Club who fight for workers rights on behalf of their children and grandchildren: they are an example to all of us that we must continue to fight for our rights, more so than ever,” said State Secretary Wayne Forno. Whenever there is a campaign for the TWU, our VETs are always out in full force, showing us that you are never too old to get out and support our transport workers. service to the community. The State Government should be rewarding our bus drivers, not encouraging a situation where their pay and conditions could be on the chopping block. State Secretary Wayne Forno said that “our aim is to improve the conditions of our bus drivers, not have them start back at square one,” and that we need to take up the fight to the Government to ensure that our voices are heard. stipulated to them within their current agreement. Anything less would be to disregard the invaluable service that drivers provide to the entire community.” Wayne Forno and the rank-and-file negotiating committee also presented the Leader of Opposition, John Robertson and Shadow Transport Minister Penny Sharpe, a petition with more than 400 bus driver’s signatures, pledging their support to the campaign against competitive tendering. “This petition gives a voice to the thousands of bus drivers across NSW who are concerned about the risk that the Government’s changes will have on their wages and conditions. They have made a statement- and it is time for the Government to respond,” said Wayne Forno. The TWU will continue its fight until our members are guaranteed that their pay and conditions are protected, irrespective of a change in contract. We will keep you up to date with the process of the campaign. Our aim is to improve the conditions of our bus drivers, not have them start back at square one. - Wayne Forno TWU VETS SUPPORT BUS DRIVERSIf you’re retired, why not join the Vets today - call 02 9912 0700 to find out more. Bus drivers were joined in song by the Sydney Trade Union Choir and other singers to busk for their ‘fare’ share On June 21, hundreds of bus drivers and supporters did just that, rallying in front of NSW Parliament House to express their concerns about the tender process. Filing up from Trades Hall, bus drivers were joined in song by the Sydney Trade Union Choir, to busk for their fair share. Wayne Forno told the crowd of supporters that, “what we wanted for our members was for the government to stand by our drivers and commit to preserving the wages and conditions
  • 10. MEMBERS at StarTrack had something to smile about after successfully negotiating a new enterprise agreement with management. The result of a year-long negotiation with StarTrack produced an agreement that ticked all the right boxes for members working at ACT and NSW sites. Under the new agreement, members will receive a 4 per cent pay increase per year for three years and a 1 per cent increase per year in superannuation contributions. For the first time, the new agreement with StarTrack will cover members from the ACT under a single contract. “The StarTrack agreement FOLLOWING the merger last October of StarTrack and air freight company Australian Air Express (AAE), the TWU approached StarTrack regarding rates of pay for AAE sub-contractors and pushed for an increase to be brought up to par with existing StarTrack subbies. StarTrack responded by extending the pay rates of existing sub-contractors who received a $3 plus increase on their hourly rate. “This was an outstanding result for the subbies from Australian Air Express who are now proudly part of the StarTrack family and the TWU,” State Secretary Wayne Forno said. “We ensured that their pay increases were backdated which means many subbies received hundreds of dollars in their accounts. “This outcome was only possible through the advocacy of union delegates at Greenacre and the pressure applied by the senior leadership team of delegates at Michinbury. “The subbies were naturally delighted with the outcome and more than 180 have signed up with the TWU since that time.” FOUR TWU members were pleasantly surprised when they opened their payslips to find that their previous employer, waste company J.J. Richards had deposited thousands of dollars in workplace entitlements into their accounts. The payments accounted for over $40,000 in unpaid holiday pay, sick leave and RDOs that each member had accumulated while working for J.J. Richards. J.J. Richards did not do this out of the kindness of its heart. Rather, the lump sum payments made to the members was part of an ongoing TWU campaign to improve the working conditions and wages of workers at the waste company. The TWU stepped up its campaign when J.J. Richards lost the tender at Canterbury Council and initially refused to pay redundancies to those workers who had been left without work. When approached about why it had not paid the members their full entitlements, J.J. Richards responded by blaming the four workers. In a letter to the TWU, the company claimed that the members had abandoned their employment and therefore it was not obliged to pay them the full entitlements. Darren Demas, a former driver at J.J. Richards said that the company had resorted to its old tricks. “J.J. Richards knew that I had an interview with the company that won the contract and had been offered a NSW and ACT members reach agreement with StarTrack Pay rise for AAE subbies Waste workers pocket their entitlements Had I not been part of the TWU, we would have received absolutely nothing. - Darren Demas, former J.J. Richards worker role. It is unbelievable that a company that did not have a job for me on the Friday I finished work, would say that I in fact had abandoned them.” “The way I see it, J.J. Richards had no intention of paying us what we were entitled to. They thought they could push their legal obligations under the rug and get away with it,” Darren said. The four members had their entitlements paid in full. Darren received all his entitlements – $15,550 consisting of holiday pay and sick leave – which should have been paid to him the day he left J.J. Richards. “Had I not been part of the TWU, we would have received absolutely nothing. The TWU pressured J.J. Richards until one day, our entitlements were placed into our bank accounts, no further questions asked,” Darren said. This caps off another fight against J.J. Richards at Canterbury Council – our members have thrown the final punch and come out on top. is a significant win for our members,” said State Secretary Wayne Forno. “Though the negotiations were drawn out and difficult, the TWU prevailed in achieving the best possible outcome for members.” And our members agreed. When the agreement went to a ballot in April, an overwhelming 99 per cent of members supported the new EA. “I would like to congratulate the negotiating committee and in particular Leo Hackett for their efforts,” said Wayne.
  • 11. TWU News Winter 2012 | 11 A LONG-RUNNING case involving the Transport Workers’ Union and waste management company J.J. Richards came to an end in April after the Full Court of the Federal Court followed previous Fair Work Australia decisions and ruled in favour of the union. The win holds significant importance, not only for the members involved in the dispute with J.J. Richards but also for the union movement at large. The landmark decision has confirmed that where employees have attempted to negotiate with a company in good faith, they can take protected industrial action. “Workers at J.J. Richards have been taken on a rollercoaster ride over the last few years, forced to sit through five tedious tribunal and court hearings which have deliberated the same result,” TWU State Secretary Wayne Forno said. “The decision by the Federal Court sends a clear message to employers and employees across Australia. And that message is that the right to take protected industrial action when you are attempting to negotiate in good faith is a right that is protected in law and is a fundamental right that should be afforded to any worker seeking to collectively bargain.” TWU PROTECTS WORKERSTWU PROTECTS WORKERS During the bitter court battle with J.J. Richards, the TWU was forced to fight another front, this time against Liberal Senator Eric Abetz. Following the decision by the Federal Court on April 20, Senator Abetz released a statement accusing the TWU of pursuing a ‘strike first and talk later’ policy – an accusation which is outrageous given the circumstances of the case. Senator Abetz’s comments are fundamentally wrong considering that it was the company that refused to talk. The decision to take protected industrial action was not taken lightly and seen as a last resort by workers, who had urged the company to bargain in good faith for more than 18 months. “Having lost the case against the TWU for the fifth time, J.J. Richards has now run to the Federal Opposition – to which they have donated more than $300,000 in the last five years – to do their bidding for them. What the Liberal Party has proposed however is something much more draconian than WorkChoices,” Wayne Forno said. SENATOR ABETZ LOOKS AFTER MATES In true J.J. Richards form, rather than honouring the previous collective agreement that waste workers had struck with their previous employer, the workers were left without a collective agreement. “Workers were doing the same job as they previously had been, yet were not afforded the protection of a collective agreement,” Forno said. In an attempt to retrieve some of the pay and conditions they had under their previous employer, waste workers approached management at J.J. Richards to negotiate a new collective agreement. However J.J. Richards refused to come to the table. Frustrated by the lack of action, workers applied to Fair Work Australia to take protected action to encourage J.J. Richards to the bargaining table. The workers had been pursuing an agreement with the company for more than 18 months. This escalated into a court battle, during which time J.J. Richards lost its contract with Canterbury Council. Irrespective of the loss of contract, J.J. Richards continued to pursue the case, making its final appeal to the Federal Court. “J.J. Richards has been relentless in its pursuit of this case but members have come out on top. Throughout this case, the TWU has shown that the right to take protected industrial action is a right that cannot be undermined by any company regardless of its economic power and hopes that it empowers workers-at-large to take up the fight in their respective workplaces,” Wayne Forno said. right to strikeright to strike
  • 12. 12 | TWU News Winter 2012 THE TWU had very good reason to celebrate recently when the Industrial Court found in its favour in a seven-year case against Toll Transport. This case, which had its first hearing back in 2005, centred on the refusal of Toll Transport to allow its drivers the opportunity to sell their trucks with work at a premium price above the base value of the vehicle. The TWU represented nine truck drivers who back in 1981/82 were under owner-driver arrangements at Brambles yards. Brambles sold a number of trucks to its employees on the basis that they become owner-drivers. Eight of the nine drivers bought trucks at a premium or with goodwill for their business. In 1996 Toll bought Brambles transport business and engaged the owner-drivers. During that period, Toll told the drivers that business would continue as normal and that nothing would change. On March 30, the TWU was delighted to announce that the owner-drivers were vindicated when the court handed down a decision in their favour. The court found that Toll’s contract was unfair and harsh, and ordered Toll to compensate the drivers for loss of goodwill: that Toll had an unwritten rule that it did not recognise goodwill or allow the sale of trucks with goodwill but it had failed to notify the drivers of this unofficial policy. The drivers had also endured personal tragedies with one driver, for instance, injuring his back rendering him incapable of continuing work. Another had lost his wife to cancer leaving him with the sole care of his three sons. None of these losses were factored into Toll’s dealings with the drivers. The amount to be compensated has to be decided but our legal team and the drivers did a magnificent job under such trying circumstances. TROY FINN, a TWU Co-Delegate at Linfox CUB Rosehill organised a Trivia Night and auction to raise funds for his 10-year-old cousin Brandon, who is waiting for a kidney transplant. While a donor has been found, Brandon will have to wait until the end of the year to have his operation In early April NSW State Secretary Wayne Forno and TWU Official Ray Shortill met up with Troy and made a contribution to the trivia night with a $1,000 cheque. “An illness can take a huge toll on the family, both emotionally and financially. TWU members were among more than 200 guests who attended the night, who all came out to support Brandon and his family. Troy Finn said that the night was a great success, which raised over $16,000 for Brandon. “I would like to thank everyone, Linfox workers, TWU members and Wayne Forno for their contribution to the night. It is fantastic to see so many people get behind our cause.” Troy also told us that Brandon is doing well, the family finding a donor which means Brandon’s condition will improve sooner than first hoped. “I wish Brandon and his family all the best and thank all those who contributed to the event”, said Wayne Forno. TWU courts victory in Toll case Reaching out to help a TWU family TWU Secretary Wayne Forno, Official Ray Shortill and Co-Delegate Troy Finn The TWU argued in court that: The contract with Toll had been unfair and harsh because Toll failed to recognise goodwill and the drivers were unable to recover the loss in investment returns. The drivers had always been in a position of unequal and inferior bargaining power in their dealings with Toll. They had also been led to believe that the terms of their contract would not differ fundamentally from their engagement with Brambles. Though a small token, I hope that the cheque helps to give some relief to the Finn family,” Wayne Forno said. The Trivia Night held on April 21, was a popular event, the tickets selling out within the first few weeks of its announcement. I would like to thank everyone, Linfox workers, TWU members and Wayne Forno for their contribution to the night. - Troy Finn
  • 13. TWU News Winter 2012 | 13 ON MAY 3, Transport company 1st Fleet made the headlines when hundreds of its workers and sub-contractors turned up for work only to find themselves locked out of their yards –when the company ceased trading at 11:55pm the previous night. A week before, 1st Fleet had gone into voluntary administration under de Vries Tayeh but the directors were unable to meet their commitments – which included around eight weeks of pay owed to contracted owner-drivers who had families and substantial mortgages. Following the announcement that 1st Fleet had been placed into Administration, both the Transport Workers’ Union and the administrators were confident of being able to keep the business open and were jointly working towards this outcome. recoup some or all of the money they were entitled to over the following weeks. Owner-drivers were not so lucky. They lost not only eight weeks of pay but also their trucks which were auctioned off as assets of 1st Fleet. “Meanwhile, the company’s executives flew off to America to weather the storm while 1st Fleet drivers left to pick up the pieces,” State Secretary Wayne Forno said. 1ST FLEET SAGAWhen transport company 1st Fleet locked out its workers at yards across Australia after it ceased trading overnight, the TWU was on site to lend advice and a helping hand. “1st Fleet’s behaviour during this whole saga was despicable. They not only lied to 1st Fleet workers about the company’s financial situation but took away their livelihoods and they need to be held to account.” The TWU will continue to attend meetings to ensure that members’ interests are at the forefront of company discussions. Chanh Nguyen was a 1st Fleet sub- contractor had only two payments left for a $65,000 truck he’d bought from 1st Fleet when the company collapsed, forcing him into the dole queue. SUBBIE TELLS HIS STORY ❞ ❝ I am 48, married with three children – aged from six to 12 years old. I was a 1st Fleet subcontractor for two years. The collapse of 1st Fleet has affected me very badly because they owe me six week’s wages, We had hung on for another three to four weeks until and wondering whether we would get our trucks back. I paid off $60,000 for a $65,000 truck and only had two payments left but because the truck had not been transferred to my name, I’ve lost it and all the trucks are being auctioned off. I’m out of pocket [to the tune of] around $15,000 and during those six weeks, [when we were not getting paid] we had to dig into our own pockets and start using money that we’d been saving – we had to pay for our own fuel, running costs and of course everything at home – food, rent, mortgage, school fees everything. Chanh Nguyen (right) TWU Officials attended 1st Fleet yards across NSW on the morning of the lockout to address the workforce and ensure that all their entitlements were recognised. At the first creditors meeting held on Monday May 7, the TWU was appointed to the creditors committee which oversaw the entitlements of the 1,000 workers who lost their jobs. At a second creditors meeting, workers were told that the company had become insolvent. While the decision gave some 1st Fleet drivers a glimpse of hope, others had lost everything. For employees working at 1st Fleet, the decision meant that their GEERS forms would be fast-tracked so they could TWU Official Helen Sourlas with 1st Fleet TWU members We are pleased to advise that, following extensive negotiations with the TWU, a number of ex-1st Fleet drivers have now found work with other transport companies TWU Assistant Secretary Michael Aird advises the besieged 1st Fleet workers
  • 14. 14 | TWU News Winter 2012 WHAT WILL THE SAFE RATES LEGISLATION DO? Safe Rates legislation will set up a Road Safety Remuneration Tribunal. This Tribunal is an independent body that will be headed by a combination of members from Fair Work Australia with legal experience and industry representatives with industry experience. This Tribunal started on 1 July 2012. WHAT WILL THE TRIBUNAL DO? The Tribunal will allow: Road Safety Remuneration Orders (RSROs) to be made; RSROs will set payment rates such as providing paid waiting time, safe methods of payment and safe working hours among other things. This will apply to every member of the supply chain and NOT JUST one principal contractor; It will allow collective agreements for owner-drivers to be registered, and; It will also allow for dispute resolution mechanisms for employees and owner-drivers. WHAT WILL SAFE RATES DO FOR EMPLOYEES? For employees, there will be more expansive conditions in RSROs than there are currently in awards at Fair Work Australia. Safe Rates, for instance, will cover the entire supply chain and set safe working hours and conditions. It will also provide better access to the Road Safety Remuneration Tribunal than is currently provided by FWA. WHY DO WE NEED SAFE RATES? We now know that rates of pay contribute to driver safety – or the lack of it. SAFE RATESYour questions answered For example, many drivers are currently not paid for waiting time. Under Safe Rates, this can be remedied by the making of a RSRO which ensures that drivers receive paid waiting time. When paid waiting time was introduced at Sydney ports, waiting time greatly reduced as the top of the supply chain was forced to fix it or pay more money. This in turn lead to greater systemic efficiencies. HOW DO WE KNOW THAT RATES OF PAY CONTRIBUTE TO DRIVER SAFETY? The TWU has over the years commissioned numerous independent reports and independent research has also been conducted by academics and experts. The conclusions from these reports in addition to the findings of various coronial inquests suggest a marked correlation between rates of pay and road safety conditions. In 1991 a Commonwealth study clearly established the link between rates of pay and safety. In 2005, we had a coronial finding that documented the exposure to risk that drivers are subjected to when they are on low rates of pay. In 2008, a report for the National Transport Commission was produced by The Hon. Lance Wright QC and Professor Michael Quinlan which linked safety in the transport industry to levels and methods of payment. The evidence therefore clearly establishes the need for a system of Safe Rates. A lot of energy has gone into the campaign for Safe Rates. We’ve been to Canberra and the NSW Parliament to forge a debate with our representatives in order for them to see this issue from our point of view – and they have listened. - Ray Childs, Holcim Delegate
  • 15. TWU News Winter 2012 | 15 SAFE RATES: HOW VICTORY WAS ACHIEVED. PAGES 16-17 A system of Safe Rates has been tried and proven in NSW for more than 40 years and it works for principal contractors and owner- drivers in the concrete industry. It has withstood the test of time and it is great to see it rolled out to the rest of Australia so that other truck drivers can reap similar benefits as we have had in NSW. I take my hat off to Wayne Forno, Tony Sheldon and their teams for having the vision and dedication to see this through to its finality. Australian trucking families will be the winners. - Denis Willcox, concrete driver at Metromix Contract Determinations The new Road Safety Remuneration Tribunal (RSRT or The Tribunal) established under the Safe Rates legislation will have the power to set what is known as a Road Safety Remuneration Order (RSRO). These are similar to Contract Determinations that operate under Chapter 6 in that they set minimum standards for contract carriers. Where there is any inconsistency, a RSRO will apply or override a Contract Determination. However, a RSRO would have to specifically deal with the same contract carriers covered by a Contract Determination to apply instead of it. This means that it will likely be many years before RSROs will replace most Contract Determinations and therefore most, if not all, Contract Determinations made under Chapter 6 will continue to apply in the short to medium term. Contract Agreements Certain forms of agreements can be made and enforced under the RSRT, however existing Contract Agreements made under Chapter 6 will continue to operate and be enforceable. Dispute Resolution The Tribunal has the power to deal with disputes as they relate to safe rates of pay. In comparison, Chapter 6 allows the NSW Industrial Relations Commission (NSWIRC) to deal with broad industrial disputes that don’t have to necessarily relate to safe rates of pay. Owner-drivers in NSW will continue to be able to use the NSWIRC to resolve these more broad industrial disputes. Unfair Termination of Contract The NSWIRC can deal with the termination of an owner-driver’s contract of carriage by examining the unfairness of the decision to terminate the contract. In contrast, the Tribunal can only deal with the termination of an owner-driver’s contract if it relates to a refusal to work unsafely. Chapter 6 and the NSWIRC will continue to operate in relation to NSW owner-drivers. SAFE RATES: HOW WILL IT IMPACT CHAPTER 6? Goodwill Chapter 6 provides that the NSWIRC may set up the Contract of Carriage Tribunal to deal specifically with the issue of goodwill. Goodwill is not covered in the Safe Rates legislation and thus Chapter 6 will continue to apply in this regard. In conclusion Safe Rates is a landmark piece of Federal legislation that doesn’t exist anywhere else in the world. It tackles problems such as unsafe methods of remuneration; it sets minimum standards for interstate drivers, and will provide for the enforcement of standards all the way to the top of the supply chain. However, Chapter 6 continues to provide important and in some cases, superior protections for owner-drivers engaged in NSW. This is why it is important that we retain Chapter 6 in its current form and that we fight any changes proposed by the NSW Government now and into the future. The introduction of the Road Safety Remuneration Act is the greatest things to happen to the industry and is well overdue. As a veteran in the industry, I know about the pressures truck drivers have been placed under. Hopefully, the Safe Rates Act will put a stop to the situation owner- drivers have been forced into. - Colin Neal, TWU Veteran
  • 16. 2005: Bottles of blood on the WorkCover steps The early years Safe Rates had its earliest conception around 2000 when Tony Sheldon as the- then NSW State Secretary and Assistant Secretary Wayne Forno, launched the push for a campaign on this crucial issue. Even in the initial stages, the primary concern was always about deadlines, focusing on the fact that drivers were being pushed to deadlines that were unrealistic and therefore dangerous. At this stage, the concept was known as the “chain of responsibility”. The name “Safe Rates” had yet to make its appearance. The campaign however gained gradual momentum, becoming more pronounced with mounting evidence, through legal cases and reports pointing to the fact that truck drivers were being killed on roads across Australia as a direct result of unrealistic deadlines. SAFE RATES: HOW VIC 2000: Beyond the Midnight Oil In 2000, one of the very first reports was released by the Federal Parliament titled Beyond the Midnight Oil which exposed the link between pay and safety. The TWU’s campaign began to intensify at this point as politicians could no longer avoid the fact that there was a major safety problem that they had the power to fix. 2004: First rally The TWU launched its first major campaign with a rally of more than 200 delegates in the union’s Parramatta office “literally in the carpark,” recalls State Secretary Wayne Forno. We walked up to one of the big supermarkets – a local supermarket; it was a big media event. Concerned Families of Australian Truckies (CFAT) Chairperson Judy Penton addressed the Parramatta rally. In the early years CFAT worked tirelessly to raise public awareness. 16 | TWU News Winter 2012 2005: The push for Chain of Responsibility legislation
  • 17. 2010: Convoy to Canberra In 2010 the TWU’s NSW Branch organised a Convoy to Canberra to obtain commitments from then Minister Gillard to introduce Safe Rates legislation TWU News Winter 2012 | 17 CTORY WAS ACHIEVED On 20 March of 2012, the Road Safety Remuneration Act, more commonly known as Safe Rates, was passed by Federal Parliament. On August 25, Sydney got a taste of the impact TWU members can make when they blocked James Ruse Drive for Safe Rates. Hundreds of members brought traffic to a standstill but the public got a glimpse of the power of the union with some terrific aerial shots of the blockade. 2009: Sit-down protest in the CBD In 2009, more than 150 truck drivers, including delegates from the International Transport Federation’s Oceania conference, jammed Sydney’s main traffic junction during a Safe Rates sit-down. The drivers gathered near the steps of Town Hall to hear from a number of speakers and supporters, including Maritime Union of Australia National Secretary Paddy Crumlin, as well as International Transport Federation President David Cockcroft. Truck drivers, including long-time TWU member Euan Scott-Bell, spoke of losing friends in the industry. 2008: Wright/ Quinlan Report The National Transport Commission released the Wright/Quinlan report which called for a national system of Safe Rates to be introduced. At that point, the Federal Government committed to implementing its recommendations. 2006: A win in the IRC The TWU won an historic case in the NSW Industrial Relations Commission which recognised the link between pay and safety and made the top of the supply chain accountable for the actions of contractors further down the chain. As a result of the strong showing by our members we made politicians take notice. Prime Minister Julia Gillard committed the Government to a concrete process for establishing a Safe Rates regime. 2011: James Ruse Drive 2012: Road Safety Remuneration Act
  • 18. 18 | TWU News Winter 2012 www.facebook.com/NSWTWU YOU MAY HAVE noticed the Transport Workers’ Union of NSW popping up on your Facebook sidebars. That’s because the TWU is getting interactive online. Over the last few months, we’ve been actively posting videos, photos and media releases in an effort to keep people constantly updated on issues, news and events as they happen in the transport industry across NSW. This is about enabling you to keep your finger on the pulse of industry news. Our YouTube and Facebook pages overloaded when TWU members danced at the ACTU Congress to highlight the pressures Coles is putting on drivers, pushing safety down the chain. This is just one example of what social media can do. Get involved in the online conversation. It is as easy as logging in and clicking ‘like’. Follow us at: facebook.com/NSWTWU youtube.com/TWUNSWBranch Stay connected THE TWU has been working hard creating a new website for the benefit of members to keep up to date with what the union is doing for you – in your yard, your industry, and even across NSW and the nation! We have new and exciting sections that gives you the most recent information about why it’s important to be TWU and how you can access all the benefits and services your union provides – to give you real value for your membership dollar. Watch the latest video, find a great shopping bargain or discount, keep informed about the latest campiagns, and make sure to to check out how the TWU is leading the charge against Back Flip Barry and the NSW Government’s disgraceful attack on workers rights. You can even use the website to link to our new social media pages – Facebook, YouTube, Twitter and Flickr (read more below). And this is just the beginning. In the coming months we will create a members only area, where members can update their details, pay their fees, access Enterprise Agreements, and even join discussion forums. Also a new exciting travel program offering great deals on domestic and international holidays will soon be up and running. “I urge members to vist your new website to take advantage of this great on-stop resource. A strong union needs a strong online presence – and the TWU has delivered for you,” said State Secretary Wayne Forno. Visit the revamped TWU website at www.twunsw.org.au VISIT YOUR NEW TWU WEBSITE! The aim of the website is to be a one-stop resource for members – read about your yard or industry, find benefits and services, and keep informed about our latest campiagns and events. - Wayne Forno
  • 19. TWU News Winter 2012 | 19 WHAT BARRY HAS DONE TO WORKERS SO FAR… ✗ Weakened OH&S prosecution powers ✗ Inquiry into the future of the NSW IRC launched, with the possibility of its abolition ✗ Introduced legislation increasing fines tenfold against unions who breach dispute orders ✗ Introduced legislation which would introduce competitive unionism, including Chapter 6, ✗ Public sector wages frozen at 2.5% ✗ Compulsory redundancies in the public sector ✗ Workers Compensation entitlements slashed ON 6 March this year the NSW Government introduced a bill designed to promote competitive unionism into NSW. The main thrust of the bill was aimed at state public servants, however there was also a section of the bill which, if passed, would allow other industrial organisations to represent owner drivers and taxi drivers in NSW. While the TWU does not support competitive unionism in the public sector, this would be even more problematic in relation to owner- drivers and taxi drivers. This is because each different public sector union is only dealing with one employer, being the Government or a local council, meaning that this is essentially a one- on-one negotiation and arbitration process. On the other hand, when the TWU appears on behalf of contract carriers and taxi drivers we are dealing with multiple employers and employer associations. For example, during the most recent application to vary the Transport Industry – General Carriers Contract Determination there were seven different parties who appeared on behalf of employers. This meant that during conciliation there were in total eight parties attempting to reach an agreement and failing this there would have been eight parties representing eight different points of view in arbitration, a process which could have taken many months. Had there also been multiple THE INQUIRY into the consolidation of Tribunals in NSW brought down its findings in late March of this year. You will recall that this inquiry, among other things, examined the future operation of the NSW Industrial Relations Commission (NSWIRC) and its possible incorporation into a so-called ‘Super Tribunal’. Any changes to the NSWIRC will have serious ramifications for owner-drivers in NSW, as Chapter 6 is administered by the NSWIRC. At the conclusion of the Inquiry a letter was sent to all members of the parties representing owner drivers and taxi drivers the process would have taken much longer than this, thus meaning owner-drivers and taxi drivers would not have experienced any increases in rates for a much longer period of time. Another issue with this bill is its potential to damage the integrity of organised labour. The level of professional advice and capability that any newly registered organisation could provide to owner- drivers and taxi drivers is questionable, especially small and poorly financed organisations, and this would have the potential of damaging existing Contract Determinations and Agreements. Further, this would open up the field for any organisation to file disputes at the Commission which could lead to increased levels of industrial unrest and meaningless (and potentially industry damaging) disputes being filed. There is also the possibility that fringe organisations representing a small sector of owner drivers could apply to vary contract determinations in a way that advantages them but disadvantages the rest of the industry. Only the TWU can properly represent the interests of all owner-drivers. At this stage, this proposed legislation has not passed through Parliament and we will keep you updated as things progress. TWU explaining the outcome, which was to appoint an expert panel to further explore options to consolidate the NSWIRC with other Tribunals. At that time we did not know what the composition of the expert panel was going to be and as of now the expert panel has still not been appointed. This means that at this stage no changes will be made to Chapter 6. However, we must continue to be vigilant and ready to stand up to any changes that the NSW Government may intend to make to Chapter 6. Any changes which adversely impact upon the rights of owner-drivers will indirectly impact upon the rights of employee drivers, as companies will take advantage of such changes by altering the mix of their fleet through hiring more owner-drivers on lesser conditions. As always, the TWU will keep you updated. CHAPTER 6 INQUIRY – UPDATE Any changes to the NSWIRC could have serious ramifications for owner-drivers in NSW, as Chapter 6 is administered by the NSWIRC. PROPOSED UNION REPRESENTATION BILL FAIL LEGAL UPDATE By Assistant Secretary Michael Aird
  • 20. 20 | TWU News Winter 2012 IT HAS BEEN a momentous few months in the campaign for the National Disability Insurance Scheme! At the end of April, thousands joined rallies around Australia, and just one week later the Federal government allocated $1 billion in to kick off the first stage of the NDIS. But there’s still more to do! There is no guarantee that the Federal Government will commit to funding beyond 2014, and State and Territory Governments haven’t committed teir share. To help lock in the NDIS for good, become a supporter and ask five friends to join the campaign. Our target is 200,000 supporters by the end of the year. “Help make the NDIS a reality so people with disabilities and their families and carers can have the life they deserve,” says State Secretary Wayne Forno. “Members of the TWU have always lead the way in making sure the most vulnerable people in our community, at NDIS UPDATE work and at home, have the support and protection they need – we will not let them down.” Become a supporter of the NDIS today! Visit everyaustraliancounts.com.au or call 02 9256 3162. Lend someone in need a helping hand. The NDIS needs your help today. - Wayne Forno
  • 21. TWU News Winter 2012 | 21 SOUTH COAST & SOUTHERN SUB-BRANCH NEWS By Assistant Secretary and Sub-Branch Secretary Richard Olsen Greenfreight gets it right EMPLOYEES at Greenfreight can now breathe a sigh of relief, reaching an agreement with management after a long-term dispute over pay rises and workplace conditions. When Greenfreight acquired the contract from Toll in 2009, the workers hoped to hang on to the Enterprise Agreement they had struck with the previous company. Greenfreight however refused to recognise it which led to negotiations that have only recently been resolved. NATIONAL AGREEMENT FOR COOTES DRIVERS DRIVERS at Cootes Oil and LPG have a lot to smile about, signing off on their first national agreement in May. This new agreements means that drivers at Cootes across Australia receive the same pay and conditions under a single EA. The new three-year agreement, which has been voted and supported by more than 95 per cent of members, provides drivers with: A 4 per cent wage increase; A 1 per cent increase to the super guaranteed contribution (SGC), above what is stipulated by the Federal Government; 90 per cent of Cootes drivers receive a 30 per cent increase to their Sunday penalty rates; Union power clause; Major consolidation clause Drivers have come out of negotiations with the best outcome in a short amount of time. The outcome of the negotiations speaks volumes about the strength of delegates and their ability to work together as a united force. I would like to especially thank Glenn Nightingale, our key negotiator, on the agreement for pushing for nothing less than the best for our members. Glenn Nightingale said that the agreement wasn’t perfect, but has put drivers at Cootes are in a very good position when they come to negotiate their next agreement in 2015. Though the drivers waited a long time for an agreement, it was well worth the wait, each receiving a 4 per cent pay rise. This has been a long battle but our members have stuck it out and can now reap the benefits. I would like to congratulate each of the delegates and members at the yard for their perseverance. The outcome is a testament to the strength, hard work and dedication of the members. DRIVERS at Barnetts Couriers are getting organised – and with good reason. Last month, the TWU caught Barnetts’ management out trying to disguise courier drivers employed by the company as franchisees. This was a crude attempt to distance itself from its responsibilities to drivers who would otherwise be covered under the General Carriers Determination. Drivers have contacted Barnetts to resolve the issue but the company doesn’t seem to want a bar of it. Unlikely to budge on the issue, many drivers have joined the union in the hopes it will represent their interests. With depots in the Wollongong, ACT, Coffs Harbour, Goulburn, Newcastle, Victoria and Queensland membership is steadily growing. TWU Official Lee Lawler said there was nothing new in this. “The TWU has seen this kind of unconscionable behaviour before,” Lee said. “The company is merely using ‘lease- like-arrangements’ to avoid its legal obligations to drivers. We have taken those companies on and we will take on Barnetts.” TWU members are sticking together to work towards a fairer and safer workplace. UNHAPPY with the terms and conditions of employment, members at Baines Masonry in Appin approached TWU Official Brad Gibson to get it fixed. Following a series of meetings, and strong growth in membership at the yard, the TWU took on the company in order negotiate an agreement. After six months of negotiations, an agreement has now been reached that provides all employees at the yard fair rates of pay, job security and delegates rights. Six months ago, Brad Gibson was approached by members who were concerned about conditions at their place of work. After open discussions with the company, Brad is delighted to announce that the company has turned a leaf and is now working with employees to reach an agreement which benefits both parties. Brad told TWU News that the union is looking forward to continuing the relationship with the company in the spirit of mutual agreement. Barnetts’ sneaky business Drivers unite to stick it to Barnetts BUILDING RELATIONSHIPS AT BAINES MASONRY
  • 22. 22 | TWU News Winter 2012 After more than three years of campaigning, members at the Sydney Ports Corporation now have new facilities which opened at on Monday 25 June. The fight for new facilities began three years ago when waterfront members were almost booked by the police for lining up on the road outside Sydney Ports, to get inside the terminal. “Port drivers were outraged that they could be booked, for something they had no control over. Something needed to be done and the TWU jumped in to help members fix the problem,” NSW State Secretary Wayne Forno said. Members called a meeting with Sydney Ports Corporation, Botany Local Area Command, and the companies based at the terminals, to resolve the issue. While the main issue was allocating space inside the terminals to allow drivers to park their trucks at the facility, members took this as an opportunity to raise others concerns such as the lack of toilet amenities. “TWU delegates asked Sydney Ports Corporation to provide, more toilet facilities and a place for workers to rest. The Ports aren’t just a parking lot, it is a workplace and therefore members should have the same facilities that are afforded to workers at any other workplace,” Mr Forno said. Finally Sydney Ports Corporation provided workers the facilities they deserve. Members now have access to toilets, an area where they can sit as well as parking for up to 60 trucks. Mr Forno welcomed the new facilities saying: “I congratulate all members for maintaining the fight for the new facilities and ensuring that the two companies kept their word.” Wayne Forno, Richard Olsen and Rob Pirc congratulate Sydney Ports delegates Three-year fight delivers Ports victory Private Hospital Cover – why pay moretax? Introducing the new TWU members’ health plan. Chosen by TWU. Delivered by the transport industry’s own health fund. Call 1300 886 123 Email twu@rthealthfund.com.au Visit www.rthealthfund.com.au/twu.html If you earn over a certain amount each year, and you don’t have private hospital cover, you have to pay more tax. If you want to avoid paying more tax – take out hospital cover. © RT Health Fund 2011 0412/2511 Ask us for ahospital cover quoteor comparison before31 July and you’ll gointo the draw to wina$1,000 VISA gift card!*Terms and conditions apply. Need a hand with tax avoidance
  • 23. TWU News Winter 2012 | 23 SYDNEY SUB-BRANCH NEWS By Sub-Branch Secretary Mick Pieri Drivers get the flickWHEN Linfox lost the contract at Franklins to Metcash, drivers knew that the site at Yennora would be shut down. What they didn’t expect was how the two companies would handle the transfer of business. After winning the contract late last year, Metcash gave no indication to those employed at the Linfox site, when it intended to take over. In addition, the company also made it clear that it wanted nothing to do with the workers who had been previously employed under the Linfox agreement. When Metcash refused to transfer the workers over to the new contract, they were left in a difficult position. There was a cloud of uncertainty as to when the company would move in and therefore the period of time they had to find new work. Linfox did not help the situation, leaving the redeployment of AFTER months in arbitration, the TWU’s dispute with Qantas is starting to wind up with witnesses giving their final statements on June 5. The TWU finished arbitration on a high note, with Qantas’ last witness, Gareth Evans, admitting that an executive Committee planned the lockout of staff and passengers two weeks before the fleet was officially grounded. Our legal team came into arbitration on the last day with all guns blazing and put Qantas in its place. Gareth’s testimony clearly showed that the grounding of the Qantas fleet on October 29 was not a solution decided at the last minute, but a premeditated event. It’s inexcusable that the public and Federal Parliament were led to believe otherwise. A decision is likely to be handed down by Fair Work Australia in the next few months. Regardless of the result this was a hard fought campaign. We stood up in arbitration and made our voice heard; that is what our members deserve. BUSES EA STALLS THE RESULTS of the bus survey are in and drivers across NSW have overwhelmingly endorsed the claim to secure their conditions for the future. Members have made it clear what they want out of negotiations and are eager to start the process. A spanner has however been thrown in the works since the last bus meeting, with the Government’s proposed changes to the bus tender process. The Bus Enterprise Agreements have come to a halt with BusNSW refusing to discuss a new agreement with members until the full details of the tender process are outlined by the NSW Government. As a result, bus members will have to wait until after July 1 to begin negotiations. Though this is not the ideal situation, it has given us another opportunity to build and strengthen our bus yards and ensure that when it comes around to negotiating a new EA, we are in the best position to assert our claim. (see pages 8-9) workers to the last minute and refusing to pay those workers that they could not find jobs for. Frustrated workers contacted the TWU to resolve the situation. TWU Official Helen Sourlas described the situation well when she said that during this whole ordeal, neither company took into consideration the needs of workers employed at the site. It was up to members to make sure their voices were heard. Workers also stopped work for two hours, to pressure Linfox to meet them halfway and help them find new work. Through the involvement of the union, all 12 drivers at the site were redeployed to other jobs, which catered to their skill set and personal circumstances. Workers had their final day at the Yennora site on May 28. This is not the end of our fight at Sydney airport: the TWU will always fight for your rights at work. QANTAS DELEGATE WINS ACTU DELEGATE OF THE YEAR I WANT to extend my congratulations to Qantas International Baggage Delegate George Oei on recently being named ACTU Delegate of the Year. For his courage under fire during the media and public maelstrom that engulfed the airline, George withstood enormous pressures placed on him with good grace. And even before the turmoil at Qantas, he had always put in the hard yards fighting for the rights of TWU members at International. His dedication to the TWU and the union movement makes him a perfect candidate for this award. (see page 7) Qantas Arbitration Update George Oei, Bernie Mallary, Senator Matt Thistlethwaite and Mick Pieri at the Qantas arbitration
  • 24. Run only to benefit you. TWU Nominees Pty Limited ABN 67 002 835 412, AFSL 239163, is the trustee of TWU Superannuation Fund (TWUSUPER) ABN 77 343 563 307 and the issuer of interests in it. Past performance is not a reliable indicator of future performance. A copy of the current Product Disclosure Statement should be obtained from TWUSUPER (at www.twusuper.com.au or by calling 1800 222 071) and considered carefully before you make any decision whether to acquire the product or to continue to hold the product. TWUS 33087 TWUSUPER has a 25 year history of delivering strong long-term investment performance, low fees and friendly, professional service for our members. So if you work in transport – whether it’s behind the wheel or behind a desk – it’s good to know that there’s an industry super fund run only to benefit you. Speak to the people who understand the transport industry. Call 1800 222 071 or visit www.twusuper.com.au > Low fees > Run only to benefit members > No commissions www.twusuper.com.au
  • 25. TWU News Winter 2012 | 25 NEWCASTLE & NORTHERN SUB-BRANCH NEWS By Sub-Branch Secretary Mick Forbes THIESS AGREEMENT DRIVERS at Thiess Somersby refused to approve an agreement unless it contained a clause that allowed access to the independent umpire for the resolution of all workplace disputes, with the option of arbitration should conciliation not resolve the dispute. The decision not to sign any agreement unless it contained this clause was supported unanimously by members. Senior Delegate Roger Maynier realised that this clause was necessary to secure the wages and conditions of members at the site. “We have learnt from past experiences that without sufficient access to arbitration, the achievements of an agreement could be under threat. If a workplace issue arises with our employer and isn’t covered specifically by the terms of the agreement, we can’t gain access to Fair Work Australia and the dispute will remain unresolved,” Roger said. I’m pleased to report that at press time Thiess appears to have agreed to the inclusion of this clause, as well as a significant pay rise. The agreement is currently out to vote and we are confident of a positive outcome. I can’t stress enough how important it is to have the ability to access Fair Work Australia to resolve any workplace dispute in an agreement and I congratulate all of our delegates, activists and members at Thiess Somersby for standing together to achieve such a fantastic outcome. Proof that solidarity delivers results MEMBERS at the Port Waratah Coal Services (PWCS) Carrington and Kooragang Islands terminals are gearing up for negotiations with management for a new collective agreement. The two sites have joined forces, in hope that their combined strength will ensure they get the very best outcome for members. Delegates have been meeting regularly with the Single Bargaining Unit, TWU members and other unions at the two sites, including the MUA, AMWU and ETU to prepare for negotiations with PWCS management. TWU members are integral to the continued success of PWCS and in this round of negotiations, will be looking to secure their fair share of company profits due to the mining boom. From left to right: Co-Delegate Ian Hankinson, Newcastle Sub-Branch executive member Roger Maynier and Delegate, Shaun McKinnon MEMBER LIFTS HIS PAY A DRIVER at a local Newcastle company has received more than $1,600 in back pay after noticing a considerable wage cut when he opened his payslip. When the driver started working for the company, he was told that he would be employed as a casual. While he was required to be on call, the casual rate meant that he would receive a base rate, equal to a permanent driver and a casual loading. After 13 weeks at the company, our member noticed a discrepancy in his pay and approached management about fixing it. His manager said that he wasn’t entitled to the casual loading, as he had been contracted on a permanent basis with the company. Frustrated by the manager’s response, he approached Official Mike Gamble for advice. The TWU knew that the member was owed the money and took the dispute to Fair Work Australia. A settlement was reached between the two parties and the Newcastle company agreed to put the member on the casual pay rate he had been contracted on 13 weeks earlier. This demonstrates why all transport workers should make sure they compare their pay details with their entitlements and join the TWU. The TWU is on your side! THE Newcastle Sub- branch Executive has a new addition to its team. Les Fetch, a dedicated and active delegate, has joined the Executive team. I congratulate Les on his well-deserved appointment, and I know that he will continue to fight for members both at yard level and as a member of the Executive. NEW MEMBER TO OUR TEAMMEMBERS GEARING UP FOR NEGOTIATIONS
  • 26. 26 | TWU News Winter 2012 FREE HEARING TESTS With Barry O’Farrell making recommendations to parliament, this is the time you should get your free hearing test, the new recommendations say that instead of being able to make a claim with 6%,You will now need 20% hearing loss before making a claim, this is more than 3 times the current standard. There will also be provisions for no more hearing aids after 5 years. You must get you hearing checked today. If you have had Hearing Aids before, call us to see if you are eligible to apply for a new set FREE of charge. Call Today for A FREE in Home Hearing Test You should call us now on 1800 395 267 WAYNE Forno joined members at the Johnson’s Transport yard in Smithfield, to farewell 3 long-standing members, who have run up more than 80 years of union membership. The three members, Thomas Fittler, Edward Bruce and Wayne Taylor had their final day at the Johnson’s Transport yard last Friday. “I was the organiser for the Johnson’s Transport yard for 5 years when I first started with the TWU and it is a yard very close to my heart. I have fond memories of Tommy, Edward and Wayne, who were always willing to get involved in negotiations and general yard issues to ensure their mates got what they deserved,” said TWU NSW Secretary Wayne Forno. “I would like to thank each of them TWU NSW State Secretary Wayne Forno, with retiring members, Thomas Fittler, Edward Bruce and Wayne Taylor Retiring members call it a day The TWU recently received a warm letter from a family member, thanking Wayne Forno and the union for the Certificate of Appreciation sent to them for their late father James Rymill. James Rymill joined the TWU in 1956 and kept up his membership until he passed away earlier this year. This is an extraordinary feat for anyone and his dedication should be remembered. “James Rymill gave his life to the movement and the union he believed in. The certificate was just a small token on behalf of the TWU to acknowledge the on-going contribution to our union. James’ family should be proud of him and the impression he has left on members within the TWU,” said TWU State Secretary Wayne Forno. for their on-going contribution to the yard and the union at large. I wish each of them a happy retirement.” Thomas Fittler, a long-standing delegate at the Johnson’s Transport yard said that he was grateful for the position he had been in, as a delegate for the last 10 years and thanked Wayne Forno and the organisers that followed, for their support. “While I have parked my truck for the last time, I have not doubt that I will continue my involvement in the union as a VET.” h l d Dear Wayne, I am just writing to thank you for the Certificate of Appreciation you sent to us for our late father, Thomas Rymill. It was great to have his loyalty to the union recognised and the family appreciates it. I am not sure how long my father was a member for but I feel certain it was an impressive number of years. He kept up his membership for 27 years after his retirement until his death earlier this year. Before that he worked for Qantas for over 30 years and I think he would have been a union member for most of that time, if not all. Through Qantas, our family has had a long association with the transport industry. My parents were both working for Qantas in Darwin when they met and married. Our first home was the Qantas married quarters in Darwin. So I would like to wish the union well in any future campaigns to keep Qantas jobs in Australia. With my best wishes Jennifer Mott While I have parked my truck for the last time, I have not doubt that I will continue my involvement in the union as a VET. - Thomas Fittler APPRECIATING UNION SOLIDARITY
  • 27. TWU News Winter 2012 | 27 ACT SUB-BRANCH NEWS By Sub-Branch Secretary Klaus Pinkas No more cleaning away members’ rights MEMBERS at the second largest waste contractor in Australia have come out on top, securing the wages, conditions and employment for those servicing the ACT Domestic Waste Contract. This is a significant win for members at Cleanaway, the new contract tender documents outlining that all entitlements of the previous contract must be transferred over to the new one. With the contract end date close approaching and a draft tender being drawn up by the ACT Government, ACT Delegates wanted to ensure that the previous entitlements of those working under the waste and recycling contract were taken into consideration under the new tender. Delegates Rob Sharpe, Ray Pollard and Mick Moore lobbied ACT Members of Parliament to make sure those vital rights and conditions were contained within the documents. The TWU Committee of Delegates lobbied local politicians and received commitments from the Government that: the new contractor would uphold the rates and conditions contained in the current Agreement; if the new contractor required more drivers than are currently employed by Cleanaway then current employees, who are fit willing and able to work, must be offered a job, and; if fewer drivers are needed at first, but new drivers are required within the first 3 months of the contract, those positions must be offered to the Cleanaway drivers who missed out. This achievement provides more certainty for ACT waste workers, who until now had always been anxious about what would happen to them with a change in tender and a ‘new contract’. This was an enormous victory for all TWU members at the Hume depot. This is a testament to what can be achieved and an example of how the TWU secures your rights and entitlement in the waste industry. Hopefully, this victory can be replicated in waste contracts across NSW. ACT Ambulance Service (ACTAS) members have been given a boost, with the ACT Government increasing funding by allocating an extra $9.5 million in the Budget for the vital service. The additional funding was not achieved without a much needed push by TWU members. Official Ben Sweaney said that TWU members were crucial to the new funding program. “This is a great result for TWU members. In what was a very tight budget the ACT Government have made a commitment to ambulance workers for desperately needed resources. These additional resources are the result of lobbying by TWU delegates and members.” TWU members at ACTAS have been under-resourced in a growing Territory and through additional funding, an increase in staff and 2 new vehicles, members are certain they can provide the best service to the community. The TWU Ambulance Members Caucus has once again achieved what they have set out to do and they should be congratulated on a job well done. A WIN FOR COMMON SENSE I WOULD like to congratulate the team at Transit Group, Ian Bopf and Anthony O’Mara, who have had their Driver Authorities reinstated after appeals were lodged with the Administrative Decisions Tribunal. Transport and Infrastructure NSW unfairly cancelled the Driver Authorities of two TWU members after minor incidents. This meant that the drivers were unable to meet the requirements of their job. With the support of the TWU legal department, the two drivers had their Authorities returned to them last month. This is a win for common sense. The two drivers are highly regarded within the community and a single driving offence, which is a small blip on a 20 year driving record, should not constitute the removal of their ability to make a decent living. MEMBERS PREVAIL ON THE NIGHT SHIFT DOING the night shift isn’t all it is cracked up to be, or so four members soon found out. When members working at StarTrack realised that they were not getting the same entitlements available to their co-workers on day shift they responded by calling in the TWU. Through the assistance of the TWU, the four long-standing members of the StarTrack night crew received $3,500 each in back pay for various allowances that were not paid in the past. The payments were for crib and travel allowances that the day shift had won through previous battles. TWU Ambulance Delegates, Justin Hockley and Steve Thompson reviewing the 2012 Budget Outcomes Ambulance members see red
  • 28. 28 | TWU News Winter 2012 PEOPLE stop work for many different reasons and often don’t know what they can claim under their superannuation and insurance policies. It is important that you get advice before stopping work because the way that you stop work can change your payouts. Early access to superannuation If you have stopped work you may having financial problems. Most super funds allow you to get some of your super to help you through these times. However, the rules for early access can be complicated and can affect your other benefits. If you access your superannuation on the grounds of financial hardship and you are under the preservation age (55-60) you may have to pay tax up to 21.5 per cent. However, if you have a permanent incapacity, the tax may be small and if you have a trauma illness, it’s tax-free. Any lump sum you take out of your super fund will count towards the Centrelink assets test, not the income test. Superannuation benefits If you are sick or injured there may also be insurance benefits you can claim. Most super funds have automatic death and disability insurance benefits that can be very valuable, particularly if your illness or injury is long term. Contact the TWU for a referral on (02) 9912 0700 Advertising restrictions prohibit us from listing our full range of services. Contact your union for further information. Maurice Blackburn are the TWU’s recommended lawyers SUPERANNUATION AND INSURANCE FOR PEOPLE STOPPING WORK By Maurice Blackburn Lawyers Associate Josh Mennen The insurance cover under most super funds comes in four different types: Death – Usually lump sums paid to your dependants or your estate if you die when a member of a superannuation fund. Terminal Illness – a lump sum paid if you have less than 12 months to live. Total and Permanent Disability (TPD) – Lump sums paid if you can’t go back to your usual job or other suitable work in the long-term because of any injuries or sicknesses. Income Protection or Total and Temporary Disability – Usually monthly benefits for two years from the date you stopped work (minus the waiting period) or maybe up to age 65. Insurance benefits You may also be covered for insurance benefits through private income protection, mortgage protection insurance, trauma insurance (pays a lump sum upon a particular diagnosis, eg cancer, Multiple Sclerosis, heart attack or stroke) or life insurance. You may also be covered under a sickness and accident scheme under your employment agreement, for example, with IUS or Coverforce. These policies provide income protection or top-up benefits and sometimes lump sums. It’s important to get advice about what cover you have. Terminal illness Recent changes to legislation allow someone who has been diagnosed as terminally ill to access all of their superannuation tax-free. Terminal illness means that a member has less than 12 months to live. However, if you access your super you might lose valuable insurance benefits. Some super funds allow a terminally ill member to claim the insured death benefit even though they are still alive. The insurance benefits are also tax free. Help Decisions you make about stopping work, going part-time or changing jobs can stop or reduce your insurance cover. It’s really important to get advice about your rights before you make any decisions. If you have already stopped work, it’s important to get advice as soon as you can. Maurice Blackburn has a free superannuation and insurance advice service for union members, their familes and friends. Call 1800 196 050 for help and free advice.
  • 29. TWU News Winter 2012 | 29 nationalnews Fighting against the Big Squeeze Tony Sheldon • National Secretary WITH the help and support of thousands of our members, we created history on July 1 when the Road Safety Remuneration Tribunal began operation. The Government has finally taken notice of just how dangerous trucking can be and we now have the opportunity to create a better, fairer and safer system. The Tribunal will enable us to hold clients to account for pushing safety down to the bottom of their list, with unrealistic pay and unacceptable deadlines. Leading up to 1 January 2013, the Tribunal will be setting its priorities to deal with unsafe and unfair work practices for employee and owner-drivers and everyone in the transport chain. To help the Tribunal get the best possible picture of the issues that matter, we will shortly be conducting a nationwide survey of truck drivers. Over the coming months drivers, union delegates and officials and supporters will travel to truck stops, break-rooms and depots across the country to help set the priorities for the Tribunal. on average, a driver in the Coles supply chain spends hundreds of hours per year in waiting times, robbing drivers of thousands of dollars each year. Over the past number of months we have rolled out a number of community actions and protests that have named and shamed Coles as the worst offender when it comes to squeezing truckies in their supply chain. In May, truckies joined TWU members and officials in four different cities across Australia to protest Coles pushing safety down to the bottom of the supply chain. Stores in Brisbane, Melbourne, Perth and Sydney were plastered across the news with hundreds of TWU supporters bringing their message to Coles and into homes right across the country. As Sydney truckie Euan Scott-Bell commented: “Coles have to take responsibility for the safety of their drivers and their workers… they are not giving people enough time.” Later that month, 800 union delegates, who represent over 1.8 million Australian workers, gathered to support our action outside the Coles store in Pyrmont, Sydney. The campaign to get Coles and other major retailers to take responsibility for the safe transport of their goods is only just beginning. Together, we can build a campaign nationwide to ensure that truckies are given a fair deal, where they are no longer squeezed for every dollar and cent or pushed to their limits just to put food on the table. National Secretary Tony Sheldon: The campaign to get Coles and other major retailers to take responsibility for the safe transport of their goods is only just beginning. You can find more information on the campaign at www.saferoads.org.au or at www.facebok.com/TWUAus Major retailers are responsible for almost one in every three truck movements in Australia. This enormous economic power allows them to dictate to truckies and transport companies on price, delivery schedules and waiting times. They are sweating their supply chain for every last dollar and profiting the pockets in record executive salaries. The result of this pressure by Coles was highlighted in a recent survey of 715 truck drivers across the country. This found that 55 per cent of drivers responding who worked in the Coles supply chain felt pressured to drive too fast. The survey results also revealed that By itself, the Tribunal doesn’t guarantee better pay, conditions and safety for truckies. But by standing together as part of the TWU and taking action in support of cases, drivers can express their rights and make those with the economic power such as Coles accountable.
  • 30. 30 | TWU News Winter 2012 Challenge Union Shopper a better deal. Union Shopper saves an ever-increasing unionshopper.com.au
  • 31. TWU News Winter 2012 | 31 Send entries to Kids Corner c/o TWU News, PO Box 649, Parramatta 2124. Name:_______________________________________________________________ Age: _______________Phone: ___________________________________________ Address: _____________________________________________________________ _____________________________________________________________________ The winners are... In last edition’s colour comp we had 3 great winners! Colouring Competition KIDS CORNERSteven Age 3 Riverstone Christina Age 5 Parkes Mikaylla Age 6 Merrylands L D C O Winter Sudoku Every row, column and mini-grid must contain the letters C O L D. Don’t guess - use logic n h h hhwinter maze Winners receive Toys R Us vouchers to spend on the goodies of their choice! Q: If you live in an igloo, what’s the worst thing about global warming? A: No privacy! Q: What’s an ig? A: A snow house without a loo! Q: What do you call a reindeer with no eyes? A: I have no eye deer.
  • 32. Conference is the most important time of the year for union delegates - it is the place we all come together, to share our stories, learn about what is going on in other industries and build on our power. I advise all delegates to take the time to be a part of the conversation. I know I will be telling all the delegates out my way to come along. Frank Mesaros, Westbus Northmead Conference is first and foremost a great opportunity to catch up with your fellow delegates, not just from with your industry but all the industries covered by the TWU. You get to meet the delegates from other regions and other occupations and swap stories and find out about what the union is doing on a wider scale than just your workplace. I wouldn’t miss it. Bobby Keenan, SITA Chullora The Delegates’ Conference is our chance to thank you for your work, listen to your ideas and keep you updated on the changes in the industry. With over 700 delegates, representing more than 30, 000 members in the transport industry set to attend, this year is looking to be our biggest yet! Wayne Forno, TWU State Secretary 2012: Delegates’ Conference I attend the Delegates’ Conference every year because no matter how successful we as a collective are, we can’t rest on our laurels. The Conference is the perfect opportunity for all the delegates to come together and prepare for the next campaign. Safe Rates may be up and running, but now we need to push to make sure its working the way it’s supposed to be. Conference is all about maintaining that momentum. John Waltis, Linfox Chullora ORGANISING FOR POWER 2012 Delegates’ Conference Thursday 30th and Friday 31st August 2012 If you are a delegate you can register online at www.twunsw.org.au/delegates-conference OR call the TWU Members’ Service Centre on 02 9912 0700 for a registration form.