Update on Negotiations with Rail Entities

Following on from last week’s Conciliation Conference at the Fair Work Commission the Combined Rail Union (CRU) representatives met with the Rail Entities (‘management’) on Tuesday, 20 May 2014 in an effort to reduce the number of matters in dispute associated with the offer tabled by the Rail Entities at the Delegates’ Conference on 13 May 2014.

• Facilitation Clause

Prior to meeting with Management the law firm retained by the CRU addressed officials and delegates and provided a broad overview of the proposed facilitation clause tabled by Management.  A detailed draft response prepared by our lawyer will be forwarded to the CRU by Thursday 22 May 2014.  Once the CRU representatives have considered the advice this matter will be taken up again with management in line with the advice provided.

• Clause 47 No Forced Redundancy

The CRU reiterated the position adopted at the Delegates’ Conference and proposed a way forward to Management which would preserve the current clause in the event that the High Court ruled against the Victorian United Firefighter’s Union clause contained in the Country Firefighter’s Association Agreement.

At this point, management reiterated their position that notwithstanding the outcome of either a Federal Court or a High Court challenge on this clause, the NSW Government’s position is that the NSW Government will not agree to any arbitration over or any agreed restriction on staffing numbers.

• Clause 26 Salary Maintenance

The CRU representatives pressed management regarding their failure to ensure existing policies regarding “job swaps”, retraining opportunities and priority for vacant positions for surplus employees are implemented.  The issue of the length of time provided to people who wish to seek redeployment was also pressed by CRU representatives.  Management have undertaken to provide a response to these matters at the next negotiation.

• Term of the Agreement

The CRU pressed the position adopted by the members that the term of replacement agreements’ should be forty-eight (48) months from 1 April 2014.  Management agreed to revisit their current position of September 2016 for the expiry date.

• Next Steps

The next negotiation between the parties is scheduled for Monday, 26 May 2014 and a Report back before Commissioner Roberts will be made at 4:00pm on Tuesday 27 May 2014.  Members will be updated subsequent to the Report back in the Fair Work Commission.