ARTC NSW Infrastructure Maintenance Enterprise Agreement Negotiations 2017 – Update #11

Bulletin 14 – 2017

To: RTBU ARTC infrastructure Maintenance Members

On Wednesday, 3^rd May 2017 your EA negotiating team met with ARTC to continue discussions on your new enterprise agreement.

ARTC have finally tabled a discussion document as to what they are proposing to offer you for your new agreement.

The following are ARTC’s proposed changes in their draft discussion document;

• A 2.0% increase to your base rate of pay – this does not include back pay;
• No increases to any of your allowances or expenses;
• No changes to ARTC’s domestic violence/family violence entitlement within their leave policy;
• Introduction of 2 unpaid carer’s leave days as is allowed within the Act – you can only access these days if you have already used your paid carer’s leave entitlement;
• Aligning the classification structures to the national recognised qualifications for Cert II and Cert III in Rail Infrastructure;
• The introduction of career progression within a 24 month period from the start of your employment to level 2 – ARTC will provide you with the necessary requirements within this timeframe to achieve level 2 if you are willing to participate in such progression;
• Introducing words into the agreement to enforce annual training plans to be utilised between individual employees and their manager for continued career progression;
• Introduction of the model ‘Consultation’ clause within the Act – if ARTC has made a definite decision to make a major change to productions, programs, organisation, structures or technology that has an effect on you; ARTC will then consult you on those changes. This clause also allows ARTC to change your regular rostered ordinary hours;
• Introduction of the model ‘Individual Flexibility Arrangement’ clause within the Act – this clause allows ARTC to enter into negotiations with individual employees to change certain entitlements you get within the enterprise agreement, these include; overtime rates, penalty rates, allowances, remuneration and leave and leave loading. These arrangements require your agreement, ARTC cannot force these arrangements onto you;
• The removal of the ‘Trade Union Activities Clause’ – this clause allows workplace delegates and representatives who represent union members and workplace interests 2 days leave to attend training in supporting you at work. This clause also allows for your union delegates to conduct union duties, such as representing you during work hours. The removal of this clause with no subsequent replacement significantly impacts the importance and rights of your workplace representatives in assisting you at work.

Further to these proposals, ARTC reiterated that they are bound by the ‘Workplace Bargaining Policy’ which places caps on any monetary increases you get within your agreement.

ARTC representatives were questioned as to if they are bound by the Workplace Bargaining Policy, does this mean ARTC is an Australian Public Service (APS) agency, to which they replied “Yes, we are”.

Within the Workplace Bargaining Policy it states that APS agencies are covered by the ‘Public Service Act 1999’. This Act contains numerous employee entitlements that you as ARTC employees do not get and have not received for years as you were under the impression you are private sector employees, not public servant employees.

If ARTC is bound by this policy then it must be investigated as to what else does this policy bind them to. If it so happens to be that ARTC is bound by legislation such as the Public Service Act 1999, then there are conditions you possibly are entitled to and are currently not receiving.

Your EA negotiating team has requested ARTC to allow for a meeting at the union office on Wednesday, 10^th May 2017 to review the entire discussion document, workplace bargaining policy and any other potential legislation ARTC is bound by and provide a formal response to ARTC in our next negotiation meeting which is to be held on Wednesday, 17^th May 2017.

Union updates will continue following these meetings.

Lastly, we would like to thank all members and employees who were present during the recent depot tour throughout April. We had a great time getting to meet everyone and introducing ourselves and look forward to our next visits.

In Unity!