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Sydney Trains – Facilitation Clause Discussions – Bulletin 9

Mar 28, 2017Bulletins

Bulletin 9 – 2017 -Sydney Trains – Facilitation Clause Discussions – Update No.1

To: All RTBU Members: Sydney Trains – Infrastructure Division

A Sydney Trains message from General Manager of Network Maintenance, Paul Bugeja was sent out on Thursday, 23rd March 2017 notifying employees of discussions with unions and employee representatives regarding the utilisation of the Facilitation Clause within the Sydney Trains Enterprise Agreement 2014.

Clause 12.3 of the enterprise agreement is as follows;

  1. 3 Infrastructure Worker Shift Lengths, Rostering and Working Arrangements Agreement

Notwithstanding the other terms of this Agreement, prior to the nominal expiry of this Agreement, the relevant Union parties to this Agreement and the Employer may agree to implement new Infrastructure Worker shift length, rostering and working arrangements for Employees employed in the classifications of Infrastructure Worker (all levels IW 1.1 to 5.2) (“Affected Employees”).

The Infrastructure Worker Shift Length, Rostering and Working Arrangements Agreement developed in accordance with this sub-clause will include the payment of additional remuneration in lieu of Employee related cost savings delivered following changes to any or all of the following conditions of employment:

  • CLAUSE 133 – Definition of weekend and roster cycle;
  • CLAUSE 139.2 (a) and (b) – Average Pay
  • CLAUSE 141 – Rostering Work
  • SCHEDULE 5D and 5E – Rostering and Fatigue Management
  • CLAUSE 139.4 (d) – Start / Finish Allowance

The above clauses will cease to apply to affected Employees upon commencement of the Infrastructure Shift Length, Rostering and Working Arrangements Agreement.

Any additional remuneration will be paid in accordance with clauses 12.8 (f) and (g) below.

This clause was negotiated into the Enterprise Agreement by the unions in 2014. This was to allow each classification to negotiate and where agreement is reached, vote on changes that would significantly affect their conditions of employment under the Sydney Trains Enterprise Agreement 2014. In short, ONLY Infrastructure Workers are allowed to vote on any proposed changes that impact Infrastructure Workers that come out of these discussions.

This clause allows for negotiations outside of the normal bargaining process for an Enterprise Agreement. The process for the facilitation clause negotiations is contained within Clauses 12.7 and 12.8 of the Sydney Trains Enterprise Agreement 2014.

Sydney Trains approached the RTBU about commencing discussions around the facilitation clause due to the government’s proposal of increasing services on the network.

These discussions have only just begun.

Organisers and Local delegates from various unions have been nominated to participate in these discussions on behalf of their work mates.

It is imperative that all RTBU members are aware that any proposed changes by Sydney Trains to your Shift Lengths, Rostering and Working arrangements can only be done by your mutual agreement in the form of a vote, similar to how the Enterprise Agreement is voted on.

As these discussions have only just started, Sydney Trains and your representatives are still discussing the proposals in detail.

Until such time that your representatives agree in principal to any proposals, no vote will take place.

As these discussions are progressing and due to the Sydney Trains Enterprise Agreement negotiations beginning later this year, it is extremely important for all RTBU members to have their contact information up to date so we can contact you with new updates on the progress of both the facilitation clause and the Enterprise Agreement negotiations.

To find out if your contact information is correct on the RTBU membership system, please contact the membership department on the following;

RTBU Membership Department

Ph: (02) 9264 2511

Email: membership@rtbu-nsw.asn.au

If you have any questions or concerns regarding these discussions please do not hesitate to talk to your local delegate or contact your organisers on any of the below contact information;

Luke Hayden                                                                                                     Jonathan Parker

lhayden@rtbu-nsw.asn.au                                                                          infrastructure@rtbu-nsw.asn.au

Ph: (02) 9264 2511 or Mob: 0499 710 707                                                Ph: (02) 9264 2511 or Mob: 0418 166 74

Issued by: Authorised by:
Luke Hayden & Jonathan Parker


Robert Hayden

Assistant Branch Secretary