Bargaining update – intensive bargaining kicks off

Today we kicked off our first day of intensive bargaining, a process agreed to after securing some key bargaining claims through our last round of industrial action. This week will also see working groups convened to address pressing issues around station staff conditions and apprentice arrangements, as well as vacancy management and secondments.

In anticipation of this week’s meetings, EA delegates came together to prioritise which claims will be the focus of the new intensive bargaining framework – a streamlined approach to ensure representatives get the most out of the process.

As bargaining commenced today, employer representatives provided in-principle support for a raft of important member claims. While some of these claims still require work around drafting or additional government support, it was an important positive step in bargaining and one that brings us closer to finalising an agreement members deserve.

While the today’s progress represents a positive start to our four weeks of intensive bargaining, it is important that momentum continues.

Delegates are back in the bargaining room tomorrow to further press our claims as well as engage in the dedicated stations and apprentice working groups.

A list of claims presented today as supported in principle can be found below.

• New agreement to be a single interest enterprise agreement, introducing sections for other modes of transport.
   
• Consolidating duplicated sections for Sydney Trains and NSW Trains and cleaning up the document to fix language and remove ambiguities. 
   
• Expand the scope of the industrial instrument to include TSSMs – Supported in principle subject to Government support.
   
• Employees will be entitled to payment of Industrial Allowance to be contingent on annual completion of Industrial Knowledge Course run by an approved provider.
   
• Pay Day Super: Super to be paid into fund each pay day. 
   
• Training allowance (or buddy allowance).
   
• Salary Sacrifice – support for a review to assess best possible arrangements.
   
• Employer nominated Superannuation Fund will be an Industry super fund.
   
• Deed incorporated into the Agreement.
   
• The Redundancy deed (21A 1) – Current Redundancy Deed provisions are retained as a minimum entitlement. These may be improved or increased by negotiation.
   
• 68K Agreement is retained. 
   
• Employees can accrue up to a maximum of 10 ADOs – Supported subject to modelling/investigation regarding ADO and PH overlap.
   
• If an employee has accrued the max ADOs, a manager cannot refuse the employee clear an ADO (that is, employee must not be required to forfeit an ADO).
   
• Sydney Trains will provide all employees with a payslip that states accrued ADOs, in the same way that it states all other leave entitlements – Supported pending investigation of system solutions. 
   
• Flexibility provisions must not be unreasonably refused. Where an application is refused, there must be a written explanation provided and an appeal process managed and administered by the employing agency. This includes decisions on hybrid working and mandated days in office.
   
• Public Holidays:
  
  –  Increase number of public holidays able to be accrued to 12 days – Supported subject to modelling/investigation regarding ADO and PH overlap.
  
  – Remove requirement for shift workers to provide a medical certificate when a sick day adjoins a Public Holiday worked.
  
  – Enshrine right to take accrued public holidays alongside annual leave – Subject to notice.
   
• Remove freezing of seniority for employees who have taken parental leave and consider applying retrospectively. 
   
• The Bank Holiday in lieu is observed, for Monday to Friday workers on the last working day of the year for those employees, that is, the Friday before the Public Holiday.
   
• 4 hours of concessional leave on Christmas eve – Trains to update leave procedure.
   
•  Amend Transport Equip to read 8 hours when on leave, not 7.36 hours – Supported subject to system capabilities.
   
• Strengthen provisions around uniforms and PPE being Australian made.
   
• Safety critical training to be conducted face-to-face in all instances.
   
• Oral swab testing instead of urine testing – Supported subject to compliance with RSNL.
   
• Mental health framework to provide a clear avenue to maintain job security whilst self-identifying poor mental health.
   
• Strengthen critical incident leave clause.
   
• Access to formal training as part of an employee’s performance and development must be provided and must not be unreasonably refused solely based on cost – Subject to costings.
   
• All new starters should be trained to the top of their competency within two years. Should the Company not follow through with this, then the employee is automatically appointed – Supported subject to considerations of time taken to obtain competency.
   
• Improve management of secondments – Review supported.
   
• Commitment to women in engineering and other professions.
   
• Better union delegate rights: no financial disadvantage for employer meetings and clarify role in workplace disciplinary meetings and other meetings.
   
• Classifications: NIM and TSDM to have own classification structure.
   
• On Board Staff: Family Emergency transport home when crew are away.
   
• Industry super fund information day for all workers per 12 months.
   
• ACMA (Austel Licence) Update clause 69 – Where the Employer requires an Employee to obtain an Australian Communications Authority license in connection with their duties, the Employer will meet the cost of this license. As best practice, the Employer will pay for the license via P-Card Supported subject to system requirements and procurement policy.

Stand by for further updates as we progress.