STRONG STANDING TWU MEMBERS - TWUTWU NEWS - Transport Workers' Union NSW
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TWU NEWS TRANSPORT WORKERS’ UNION OF NSW ISSUE 100 • SPRING 2021 STRIKE VICTORY AT TOLL TWU MEMBERS STANDING STRONG NOTHING WILL STAND IN OUR WAY!
PRESIDENT’SPAGE DRIVINGFORWARD Tony Matthews • TWU President Richard Olsen • TWU Secretary CONTENTS President’s page From the State Secretary, You are never alone TWU in the time of COVID TWU is suing Toll for $51,870,000 2 3 4 5 NEVER BACKING DOWN YOU ARE NEVER ALONE Time for the majors to pay up 6-7 HSR training providing a voice for safety 8-9 Qantas Failures 10-11 TWU BUSES: Time for industry standards 12 Delegates talk about the agreement in their yard 12 TWU power delivers lockdown protection 13 A COVID-safe transport roadmap 14 The key to reopening Australia THE PRESSURE THAT THIS INDUSTRY The TWU road survey 14 IS PLACING ON DRIVERS AND ON THEIR No accountability at Aramex 15 FAMILIES IS COSTING US DEARLY. WE Amazon who pays? IN THE FIGHT against unsafe practices MUST MAKE OUR VOICE LOUD, OUR FIGHT Join the fight for $40 15 WE ARE LOOKING FOR INDUSTRY STRONG AND WE MUST BE THE LEADERS and lowering of standards in your Solidarity with transport workers 16-17 STANDARDS ACROSS THE BOARD TO ENSURE A SAFER AND FAIRER workplace, the Union is never backing Without trucks australia stops 18 BECAUSE OF THE UNREALISTIC down. TRANSPORT INDUSTRY. Members win! 18 TARGETS SET ON THE SUPPLY CHAINS LEGAL UPDATE: The Pandemic has seen large profits IN THE RETAIL SECTOR. Scott’s failures and their for major players, like FedEx. It’s you that is delivering that, in the most Everyone knows these are dire times IT HAS BEEN A LONG PANDEMIC. The Federal Government is yet to and Uber. enterprise agreement 19 A reinstatement for unsafe and busiest of times. TWU due to COVID. The health and safety The TWU is still here to help you come to the table having failed to set The pressure that this industry is Joy Mcgrath at Toll 19 members have been on the frontline of drivers is at risk. It’s also risky for during this lockdown. The hard work of up a national plan for Transport that placing on drivers and on their families COVID-19 update 20 and delivering essentials. your families and co-workers. We members past and present does mean would address border issues and make is costing us dearly. We must make TWU GEAR: have to be mindful of that. While the the TWU has a strong future. it easier for the freight load to keep Our members are taking on companies our voice loud, our fight strong and we Show your union pride 21 management are working from home, moving while drivers who need it have negotiating new Enterprise Agreements. The past year has shown that transport must be the leaders to ensure a safer Sydney Sub-branch News 24 it’s the drivers out there that are literally better access to testing or vaccinations It’s clear there is disrespect shown to workers are essential to our economy. and fairer transport industry. South Coast & Southern driving business forward, then being that they will need to access where us from the major companies who are Truck drivers and couriers have The TWU is serving claims on over Sub-branch News 25 disregarded and not heard is absolutely they work. refusing to acknowledge the last twelve operated at a pandemic level of demand 50 major retailers warning of their Newcastle & Northern infuriating. months, as if they never happened. for over 12 months to keep our shelves We have taken Protected Action at Toll, responsibility to ensure that they are Sub-branch News 26 I want to pass on my congratulations They have consistently demonstrated stocked and retailers have reaped huge and are preparing for similar action at paying transport operators enough to ACT Sub-branch News 27 to everyone involved in the landmark they do not want to pay fair wages profits from their hard work. Bus Drivers StarTrack, FedEx, Linfox and Bevchain. guarantee that their goods are being NATIONAL UPDATE: decision that meant Qantas was told owed to you, and they have been remain on the frontline and are gearing I acknowledge the leadership of those delivered safely. Wins don’t come much bigger 28 they were wrong, for sacking workers. dodging their responsibility. up for their Enterprise Agreements and members at Toll, who took a stand to VETERANS: These people were dismissed unfairly I want to acknowledge the TWU We are looking for industry standards industry standards. Aviation workers say no to Toll’s attack on job security. COVID won’t beat the TWU Veterans! 29 and the Union fought beside them Officials and Staff members working out Become a member across the board because of the continue to suffer an uncertain year Toll want members to accept an offer to get them what they deserved. My of our Branch and Sub-Branch offices. of the 1888 Club 29 unrealistic targets set on the supply of stand-downs, mass redundancies, that has devalued their wages, they personal congratulations to the union Across the lockdown we have walked You said it on Facebook 30 chains by companies like Aldi in the outsourcing and numerous abuses from want to get in lower paid workers to leadership involved in the work they do together in solidarity, ensuring TWU Kids’ corner 31 retail sector. Qantas. The safety fight is on for Food do your job. Together we are seeking at our Airports. support to members through actions delivery riders. job security, a safer workplace, better CONTACTS Editorial: I’m immensely worried and feel personally disrespected when a We want you to stay vigilant and help us prevent exploitation. Help us spread The TWU is taking a stand against the superannuation and a commitment to better standards across the industry. and negotiations across all sectors. Our Delegates and Members have company like FedEx doesn’t commit to current NSW Government to ensure maintained the strength of the TWU in Colin Henderson 02 8610 8080 the word about the TWU message. It is that all workers who will be prevented We are looking also for those binding colin.henderson@twunsw.org.au paying the workers. Other majors, the their own yards, providing leadership to about fairness, doing the same job, for from working under the Berejiklian standards to be set in Road Transport Advertising: likes of Toll, Linfox and Startrack have the industry that strengthens the future Antoinette Atkin the same pay. Talk to those you work Government’s Public Health Orders will to lock in job security and abolish gig followed suit and are equally guilty in of Transport Workers in NSW. Antoinette.Atkin@twunsw.org.au with about why it is important to be part have an assurance that they will not economy models that threaten the job dodging their duty of care. Such callous Contributor: of the Union. be at risk of dismissal and that they security of current workers right across Harshil Nijhawan disregard of members shows that the Tony Matthews, will be able to access accrued leave transport because of the actions and Richard Olsen, 22 John Hines Avenue, Minchinbury 2770 Print Post Approved 100008176 current trend of industry standards and safety at workplaces is on the decline. TWU President entitlements while unable to work. demands of companies like Amazon State Secretary 2 | TWUNEWS SPRING 2021 FACEBOOK.COM/TWUNSW TWUNSW.ORG.AU TWUNSW.ORG.AU FACEBOOK.COM/TWUNSW TWUNEWS SPRING 2021 | 3
COVID PAY UP TOLL TWU IN THE TIME OF COVID TWU IS SUING TOLL FOR $51,870,000 HANSON HYMIX – NO CONCRETE ANSWERS The TWU sought answers from Hanson Concrete after two of its truck drivers in Greenacre tested positive for COVID, with 97 other workers having to isolate. Members deliver concrete to major infrastructure projects like the WestConnex. Drivers at the site learnt of the infection The Transport Workers’ Union is suing Toll for almost $52 million in the NSW Supreme Court through Union delegates rather than the company. for breaching its contracted payment terms with owner drivers on more than 5000 occasions Drivers were angry that Hanson did not tell them or as we understand, during the pandemic Christmas period. NSW Health, immediately after the first driver tested positive. Richard The case, which will be heard in early Olsen told the media, “Hanson’s lack of action, their incapacity to “Over the last year, Toll’s manage their duty of care shows they have do not fully accept their September, could see Toll pay penalties of up to $10,000 for each of the 5,187 treatment of hardworking responsibility for the safety of employee and owner drivers right late payments it made to almost 250 truck drivers has been across their fleet.” owner drivers. an utter disgrace. While COVID-19 TESTING CHAOS MANAGING COVID: FIVE NSW GAPS IN AUSTRALIA’S Delayed payments cause owner transport workers pulled The NSW Government has a shared GOVERNMENT FAILURES BIOSECURITY drivers to struggle with the costs of in record profits for responsibility for the shambles that 1) The border and local government running their trucks. Evidence shows retailers whose goods transport workers are facing battling to areas permit systems clearly were an inexplicable link between pay and they transport, they’ve do their jobs whilst continuing to comply designed without any consultation safety. faced a threat to their own with varying testing orders. with transport workers or the State Secretary Richard Olsen told income.” transport industry more broadly. A - Richard Olsen 3 August 2021 The Hon Gladys Berejiklian MP Premier GPO Box 5341 complete shambles. TWU News, “Over the last year, Toll’s SYDNEY NSW 2001 treatment of hardworking truck drivers Dear Premier, 2) The TWU had to call on the NSW On 14 July, I and the National Secretary of the Transport Workers’ Union, Michael Kaine, wrote to Government to urgently roll out has been an utter disgrace. While Toll was cooking up a plan to obliterate back to paying them weekly as per you about the difficulties transport workers face in relation to regular COVID testing requirements, and called on you to provide more resources and testing hubs. rapid COVID testing and pop-up transport workers pulled in record the decent jobs of its employees.” their contracted terms. Disappointingly, you have not replied to that letter, and truck drivers are continuing to face unnecessary difficulties in complying with their COVID testing requirements. vaccine hubs for transport workers, profits for retailers whose goods they Owner-drivers run small businesses – “This appalling treatment of workers Under the public health orders and various interstate border restrictions, many truck drivers are where they work, across NSW. The Transport Workers’ Union is looking transport, they’ve faced a threat to their required to submit to regular COVID tests every 3-7 days. But as we have seen in recent examples, such as the Taree testing site running out of COVID tests, it isn’t always easy for truck drivers to usually just one person with one truck. while those at the top of transport comply with these requirements. 3) The NSW Government telling for an audit of transfers of international own income. First, workers were forced State Drivers areSecretary, often spending hours waitingRichard Olsen in line to be tested during wrote their rest breaks, which is notto They operate on wafer-thin margins, supply chains reap multibillion dollar only a major inconvenience to the drivers but also a significant road safety concern. workers that they could be locked flight crew after a driver from Sydney to bear the brunt of two cyber-attacks, the NSW Premier. It isSafetynot Stationsacceptable yet in good faith they agreed to extend profits, highlights the urgency for the As you may be aware, there are nine Heavy Vehicle located on major highways out of work if they don’t get the airport caught COVID-19. The TWU then owner drivers endured months of their payment terms with Toll for six across NSW, which are used to weigh and inspect heavy vehicles. that we have truck drivers, bus drivers, Federal Government to step up and It is our view that these stations should be immediately set up as COVID testing locations. Using vaccine, without doing anything to understands that a limousine company late payments during the high intensity these facilities to perform COVID tests will allow truck drivers to obtain their COVID tests with and minimal aviation difficulty and withoutworkers, rideshare drivers, cutting into their rest hours. months. Once that time was up, Toll regulate Australia’s deadliest industry,” improve their access to vaccines. was contracted to transport cargo plane Christmas period. At the same time, delivery drivers and others sitting I note this approach is already being used at certain heavy vehicle weighing stations in Victoria. spat in their face and refused to go Richard Olsen said flight crew from Sydney International Truck drivers are critical to keeping our supermarket shelves stocked and our society functioning waiting inrequirements, queues atyou.centres and then during the current lockdowns. The TWU supports any measure to make it easier for truck drivers to 4) The NSW Government removed meet their testing and so should workplace rapid antigen testing as a Airport. As far as the TWU is aware, no having OWNER DRIVER PAUL NEWTON TELLS HIS STORY I again imploreto you togo to divert more work. resources to support truck drivers in meeting their testing requirements, including by setting up testing clinics at Heavy Vehicle Safety Stations. COVID-19 control measure available real protocols were in place for flight Many truck drivers and bus drivers out Yours sincerely, crew transport despite the Federal under the Public Health Orders. in Richard theOlsenregions and those doing inter- Regular PCR testing requirements for Government being responsible for PAUL NEWTON, Owner Driver, told negotiation table by Michael Rugendyke TWU NSW State Secretary state work don’t even know where they authorised workers were also axed. quarantine. Any rules that existed, TWU News talked to TWU News never eventuated. Members were not can get tested and if they can do so the Federal Government had allowed about the blatant disregard by Toll aware of planned closures at regional 5) The NSW Government refused to safely without breaching fatigue rules. to be set up between the airlines and for an agreement signed off on by depots, members were not aware of extend paid vaccination leave to The Union supports any measures that cover bus drivers employed by transport companies. Michael Rugendyke and owner drivers planned outsourcing of work. Michael keep communities safe but we are private operators – not just those Flight crew transport vehicles (buses, at Toll in April. Rugendyke gave us his word there frustrated at the lack of planning and working for State Transit. vans and taxis) have not been subject Members agreed with Toll that when would be no closures, no short shifts foresight regarding the health orders on to a regulated hygienic cleaning cyber-attacks occurred, they would and no outsourcing of work. Where is testing. programme. The TWU is also concerned let the company withhold one week’s the integrity? We believe we were lied to. We still have truck drivers forced to that vehicles used have been used worth of their money to assist Toll in In September members told Toll that wait for testing under logbook hours, for other transport activities without maintaining financial liquidity, to keep they no longer agreed about the money required to self-test in their trucks and cleaning. The COVID-19 infection of trading. The cyber-attacks meant Toll being withheld, this meant the money face the delays of getting results and or drivers transporting international flight had no capacity to invoice. was to be returned and payment not having test kits available where they crew shows huge gaps in the rules What we were not aware of was agreements were supposed now to theft. Michael Rugendyke has a total work. We have offered solutions to the surrounding COVID safety for transport that Toll’s integrity was missing; revert to seven-day terms. Toll refused contempt and complete disrespect for Berjeklian Government, and yet we have workers, and subsequently biosecurity anything that was promised on the to send the money back. That is wage his workforce. had no response. for all Australians. 4 | TWUNEWS SPRING 2021 FACEBOOK.COM/TWUNSW TWUNSW.ORG.AU TWUNSW.ORG.AU FACEBOOK.COM/TWUNSW TWUNEWS SPRING 2021 | 5
2021NEGOTIATIONS 2021NEGOTIATIONS TIME FOR THE MAJORS TO PAY UP Across the TWU, members sacrificed time, energy and the safety of their families battling STARTRACK UNDERMINING YOUR CONDITIONS LINFOX WAGE FREEZE IF STARTRACK IS WILLING to the leaked email between an Outside COVID restrictions to move high volumes of freight and parcels. PLAN undermine your conditions now, how Hire company and one of our members Members need Job Security right across the major transport companies, and the TWU are will we stop them without protections in and it speaks for itself. gearing up with members to make sure that is the negotiated outcome. It’s respect that is the new agreement? Members at StarTrack are pushing due, for the people that drive businesses forward. A leaked email from a labour hire for Protected Action over job security. agency, proves StarTrack is directing Members feel they have no choice but TOLL:OUTSOURCING THREAT AT THE HEART OF TOLL STRIKES its Outside Hire agencies to pay its to disrupt parcel deliveries as a means Linfox delegates THE MOMENT TOLL group truck workers under cheap Award conditions, to have the company negotiate properly. Linfox’s intention is to provide a wage “It is very frustrating that rather than ensure they are paid drivers slammed on the brakes, negotiations with Toll remain BUSTED - LEAKED EMAILS StarTrack negotiations broke down freeze and no backpay to the expiry the same conditions and wages as thousands of Toll transport workers at a standstill because the PROVE YOUR JOBS AND after they stopped backpay that made date of the Agreement, change the went on strike on Friday 29 August, StarTrack workers. Doing this means up for the extremely demanding 2020 company still expects workers OVERTIME ARE AT RISK span of hours affecting take home demanding that Toll provide job security it would be cheaper and easier for year. StarTrack has refused to prioritise pay, and introduce B-rates, while to sign on to an agreement that A leaked email proves StarTrack is directing its Outside Hire agencies to pay its workers through the Enterprise Agreement. StarTrack to use under cheap Award conditions, Outside rather than ensure they are Hire, aconditions paid the same direct and employees over lower paid outside watering down status quo provisions. would see droves of workers wages as StarTrack workers. Doing this means it would be cheaper and easier for threat to StarTrack workers’ jobs and StarTrack to use Outside Hire, a direct threat to StarTrack workers’ jobs and overtime. hire. Workers have already reported Your strong action has resulted in Toll pushed out of their jobs. The The TWU is now investigating the leaked email below between an Outside Hire company Linfox also want to change hours. company can say all it likes overtime. The and one of our members TWU and it speaks for itself. is now investigating a hit to their income due to overtime finally signing a transfer deed, which Increases to the span of hours will means the current pay and conditions of about pay, workers cannot hours going to outside hire instead of LEAKED EMAIL FROM affect pre-shift overtime and access all Toll employees transferring to Allegro will be heard in early September. It could see make it any clearer that pay employees. LABOUR HIRE AGENCY to overtime would only kick in after 8 have been protected. Likewise contracts Toll pay penalties of up to $10,000 for each of is irrelevant if their job is not StarTrack notified APS this StarTrack is Australia Post’s most hours. the 5,187 late payments Toll made to almost 250 secure. This has gone on long year that they wanted us to of contract carriers will be assigned profitable division as a result of Owner-Drivers. enough, workers want to sign revert back to award Linfox didn’t present a pay offer, across to Allegro protecting owner conditions for all sites, workers’ efforts last year, with Australia a fair deal and move on, but rather than their EBA. which may mean a 3-year wage drivers. For too long Toll refused to sign Parallel bargaining will likely proceed with the they cannot sign away their Post reporting a 15.5% increase in freeze. Instead, Linfox spoke such a deed but your fight won it. both Toll and Allegro groups. We are seeking livelihoods.” revenue and profits of $166m in the six about how it wants to close the TOLL STILL NEEDS TO DO MORE: meetings with both management teams and will - Richard Olsen months to December 2020. gap between its rates of pay to report back ASAP on the details and next steps. IF STARTRACK IS WILLING TO UNDERMINE 1) Site rates and safeguards for use of BEVCHAIN ATTACKING YOUR CONDITIONS NOW, HOW WILL WE YOUR RIGHTS! its competitors. When pressed outside hire STOP THEM WITHOUT PROTECTIONS IN about who their competitors are, FEDEX NEEDS TO TREAT WORKFORCE WITH RESPECT BEVCHAIN want to: introduce B-rates, THE NEW AGREEMENT? Bevchain delegates 2) Full utilisation water down status quo provisions, give management cited Glen Cameron, FEDEX HAVE SAID NO Ron Finemore and Goldstar. 3) A decent payrise no backpay to the expiry date and a to members. The National wage freeze in most states, give no Linfox B Rates mean that all new 4) Finalise local agreements negotiating Committee increases to superannuation, change employees who are engaged after There is no grey area when it comes to advise that FedEx accepted the span of hours affecting take home the new EA is approved will be job security. Either the jobs are secure, only 2 out of 32 claims pay and make a reduction in terms and paid Award + 10% and only 10% or they are not. Until these issues are lodged; have declared no conditions by the removal of Transport superannuation. Effectively Linfox addressed, the job security of every Toll limits on outside hire; are Industry State Award (TISA). want a 2-tier system. This is a direct worker is on the line. Together we’ve saying no site rates; are It is clear by now that BevChain is Your TWU bargaining committee will attack on job security and we need made sure B rates are off the table, and offering no 2020 payment; attacking your rights by reducing continue to fight for decent pay and to fight this. We can’t let that happen your conditions have been protected minimalist increases and a job security, especially with the conditions. It’s time Bevchain respected here or anywhere. Not on our watch. in the Toll sale process. We MUST now demand that all other claims introduction of the 2-tier “B-rate” their workers. use our collective power to fix these be dropped. ARE YOU READY system. That’s why your national and Are you going to let BevChain attack other significant issues. After months of FedEx demanded in their FOR ACTION? state delegates across the country your hard-fought for conditons? Tell Keep in touch with negotiations, Toll knows it must provide “Final offer” that we drop the majority signed a collective bargaining agreement the endorsed preparing for a Protected your workmates we need to fight back, information being job security guarantees to reach an of our claims that would ensure job receiving wage increases, a bonus sent Action Ballot. ask them to join the TWU too. out from the TWU via agreement with workers. The transport security. Members are angry over the payment, fuel cost assistance, meal SMS and Email or talk TOGETHER WE WILL WIN giant must stop playing games with company’s attempt to remove fair fees, and more. to your Delegate people’s livelihoods. dispute procedures from disciplinary In June, FedEx reported record full-year In the meantime, the TWU is suing Toll matters, which further threatens jobs. results with revenues jumping to US$84 Our action is crucial. We are strong and when we stand together, we have power. It’s time to let the bosses at the top of for nearly $52,000,000 because the However FedEx are signing billion and net income over US$5 billion. supply chains squirm, because they can’t bring in the millions without us. Together, we will change this industry and make company has broken an agreement to agreements elsewhere. In Turkey, FedEx runs a golf tournament with a $60 it safer. We will do it for the 200 truck drivers who’ve been killed since the Federal Government abolished the Road Safety pay Owner Drivers on time. The case, 900 Unionised FedEx workers have million prize, but won’t pay up to workers. Remuneration Tribunal. We will do it for our families and our communities. When we stand strong together, we will win. 6 | TWUNEWS SPRING 2021 FACEBOOK.COM/TWUNSW TWUNSW.ORG.AU TWUNSW.ORG.AU FACEBOOK.COM/TWUNSW TWUNEWS SPRING 2021 | 7
WH&S WH&S HSR TRAINING PROVIDING A VOICE FOR SAFETY Since 2020 and the start of the Pandemic, the TWU has continued the fight for safer yards, providing a powerful means by which workers’ voices are heard. WORKING TOGETHER FOR SAFETY AT FEDEX Whether a casual, labour hire, owner-driver, full time or part time employee, the WHS act THE TWU CAN SUPPORT YOU in your yard, safety is all recognises all workers to be equal. The power of HSR training is supporting workers across a about workers working together and raising issues with range of transport yards. management. Doug Fox, Delegate in the FedEx Carrington DELEGATE DOUG FOX: yard, north of Sydney says, “This is the start of change in “THIS IS THE START the workplace. If you don’t speak up nothing will change.” In Doug’s own words, here is how workers made change. OF CHANGE IN THE WORKPLACE. IF YOU According to some of the bigwigs and HR people who visited Carrington yard, we were breaking every safety rule DON’T SPEAK UP in the book because of the amount of trailers, trucks and NOTHING WILL CHANGE.” forklifts we had in a company managed, confined area. This year, the bigwigs put all the B Doubles outside, still on their we were not working in unsafe conditions anymore. property. I brought in the expertise from the TWU, speaking to Marija Our problem, the amount of rain, with recent east coast SCOTT MCGRATH, ALDI ASSAD MANZOOR, DELIVEROO THEO SEREMETIDIS, QANTAS RAY CHILDS, HOLCIM Marsic. For workers it was unsafe, there were insufficient lows. Forkies and others in the yard had no PPE gear and work processes. We consulted with management on the no prime movers available to move the trailers into the problems, yes, there was paperwork, but the TWU helped “Prior to HSRs , very little “It’s been a really long “I was the HSR Qantas tried “We went through the process shed. It felt like we were being drowned. Drivers from other with that. was happening for the struggle against Deliveroo. to get rid of because I called with our company, which was yards when visiting in the rain made commentary like “What are you guys doing? No one else does this”. Managers asked us for our suggestions and we gave it to drivers and things were just A process that should’ve them out on safety when lengthy because they didn’t them, a plan on how to take the majority of the B-Double swept under the carpet. taken two months, took COVID started. want to recognise we had Members and non-members alike were exposed to Cargo inside. As it turns out it was extremely productive, Now there’s real progress, more than a year. I’m working with the TWU any rights as HSRs or with discomfort, dangers and problems related to the rain, the loading times reduced, it worked, and we were dryer. Then the morale is strengthened in closely on prosecuting training. But going through the lack of lighting and the winter conditions. Deliveroo was against the they wanted to put it back to the original system, but we yards, the management takes Qantas. They breached the legislation and the regulator Workers on the “Bulk Shift” got together and we consulted HSRs training because reminded them about our right to cease unsafe work. things more seriously.” discrimination part of the and the advice that was given with management, letting them know, if that amount of rain of the power it gives the Two days later they came back to us wanting to keep our Act.” to us, the company had to happened again and the trailers were still outside, the shift workers and the position it process permanent. That is the power members have in a come back to us saying they’ll members would cease unsafe work. We made the call that puts us in.” yard to be safe! do it our way.” HSRS FIGHT PROFIT OVER SAFETY THE RIGHT TO ASK, ARE YOU SAFE AT WORK? On 16 August, at the FedEx, Matraville Depot, a worker tested positive to COVID and the TWU understands FedEx managers allowed a shift change to occur Central Coast Community News The TWU stands behind Health and as normal. Several workers then entered the site who were later deemed close “It is strongly hoped that you will TWU RESPONSE: “We allege Safety Reps (HSRs) in yards. HSRs are contacts and have since been ordered into self-isolation. take this opportunity to reflect on that by punishing Mr Mobbs having the right conversations with work When TWU trained HSRs learnt of the situation several hours later, they your conduct and to improve it.” for exercising his workplace Community colleagues and management to ensure immediately directed all workers to cease unsafe work, empowered by the Work safety is not compromised and to - LETTER FROM THE CEO COMMUNITY right to cease unsafe work, Transport Driver and as an HSR, engaging Terry (in the Health and Safety (WHS) Act. Despite this, FedEx instructed a small number of ensure consultation occurs about safety. TRANSPORT CENTRAL COAST. in discussions about middle) on the NSW workers to remain at the site to continue working – in direct contravention of the Strong WHS legislation backs up the Terry’s story highlights the need for Central Coast WHS Act. It was up to the worker health and safety representatives to do what safety concerns with other role that HSRs do and the TWU will TWU trained Health and Safety Reps workers you and the PCBU management failed to do, end this unsafe work.” seek enforcement where necessary in yards. The TWU trains members to a duty under the WHS Act to take are engaging in prohibited reasonable care for their own health FedEx’s behaviour was a disgraceful example of their ‘profits over safety’ mentality. to ensure that an HSR is allowed to have the knowledge, as we know so behaviour under the WHS Act.” and safety, and engaging in high risk The TWU believes FedEx knowingly and recklessly exposed their workers to a health do their job and ensure managers are many managers are not well informed work where an immediate or imminent and safety risk. The site should have been immediately shut down and cleaned keeping workers safe. when it comes to WHS legislation. investigate and subsequently support risk to their health and safety is present, top to bottom while the contact tracing took place. The TWU has lodged a formal Terry, a driver at Community Transport The TWU announced to CTCC that the TWU’s position. would be contravening their own duty complaint with both Comcare as the safety regulator, and SafeWork NSW over Central Coast (CTCC) copped a written we represented Terry and we told the Following a meeting between CTCC under the Act. The PCBUs contractual FedEx’s failure to adequately protect its workforce from a known COVID exposure. warning because he engaged in his role company we were looking to meet. We and TWU Officials, CTCC have now obligations do not negate a worker’s It’s the second such example of an inadequate response from Fedex, after a as a TWU trained Health and Safety Rep, also exercised our right of entry under withdrawn the warning letter. right to cease unsafe work if they have COVID exposure at their Enfield site earlier this month also revealed the absence informing workers of their legislatively Section s117 of the WHS Act. Marija Marsic, TWU Assistant State a reasonable belief that engaging in of a COVID Safety plan, no COVID control measures and a failure to consult with protected rights to cease unsafe work They lawyered up, so the union Secretary, Director of WHS & Education that work would lead to an immediate workers on COVID protection in their workplace. regarding the risks of COVID. contacted SafeWork NSW to reminded the company, “Workers have or imminent risk to health and safety.” continued >> 8 | TWUNEWS SPRING 2021 FACEBOOK.COM/TWUNSW TWUNSW.ORG.AU TWUNSW.ORG.AU FACEBOOK.COM/TWUNSW TWUNEWS SPRING 2021 | 9
AVIATION AVIATION QANTAS FAILURES The TWU took Qantas to the Federal Court and the Court told Qantas that their outsourcing decision was illegal. HOLDING QANTAS TO ACCOUNT ON SAFETY IN THE FAIR WORK COMMISSION IN FEBRUARY LAST YEAR Qantas TWU News “Qantas must be held stood down a cabin cleaner trying to to account for violating the rights keep his workmates safe from COVID and duties of the Health and Safety 19. The TWU will take Qantas to the Representative. If Health and Safety Fair Work Commission. Reps at Qantas can’t stand up to The worker, a TWU trained Health unsafe work practices without being and Safety Representative, advised stood down, then no worker is safe. colleagues not to clean planes arriving We are taking Qantas to the Fair Work from China in early 2020 due to the Commission because we believe it is risk of COVID-19 exposure. At the vital that workplace Health and Safety time, Qantas was not providing cabin sacking and stood down the worker Representatives have the full backing of cleaners with appropriate personal pending an internal investigation. It gets the law.” protective equipment (PPE) while at worse from Qantas because this case is We are pretty sure that Qantas CEO IN A RULING that was in favour of work. linked to a SafeWork NSW investigation Alan Joyce would have refused to workers and the TWU, the Court Qantas at the time insisted the risk into Qantas’s cleaning standards, which board planes coming from China in confirmed what the TWU and workers associated with COVID-19 was found an “inadequate system of work February 2020 without proper PPE – long suspected: Qantas saw the “negligible”. used to clean planes”. but that’s exactly what they stood this pandemic as a “transformational Qantas threatened other workers with Richard Olsen, State Secretary told employee down for doing. opportunity” and that there was a “vanishing window of opportunity” to make significant changes to its A MESSAGE FROM RICHARD workforce. Qantas grabbed the opportunity with both hands, deciding OLSEN, STATE SECRETARY “Big congratulations to our members and delegates to illegally axe and outsource over at Qantas on their massive court case win. This 2,000 ground workers in the middle of is the biggest win for Australian workers in more the pandemic. than 2 decades. And it was all possible because In typical fashion, Qantas won’t be told, of the TWU delegates and rank-and-file members they have decided to appeal, while the who joined the fight. Those who attended our TWU is fighting for all workers to be rallies at Sydney Airport and Parliament House in reinstated or compensated as soon as Qantas managers were motivated by Canberra. Those who spoke to their workmates possible. A recent TWU survey found Qantas’ actions were an attack minimising costs to maximise profits and encouraged them to join the fight. Those who that three quarters of outsourced on workers prepared to fight for and thought the company would get Board that they are not the Spirit drop any plans for an appeal, stood up against Qantas management’s cruel workers have been unable to secure fair wages and decent standards away with outsourcing work to third of Australia, but rather, it’s the and immediately reinstate or decision to outsource 2,000 jobs in the middle of a full-time work since they were sacked at the airline. parties on low cost, take-it or leave-it baggage handlers, ramp workers compensate affected workers. pandemic. Alan Joyce and Qantas tried to silence by Qantas, and 77% want their jobs arrangements because everyone was and cabin cleaners working hard their workforce, but the TWU has won a remarkable back. distracted by the pandemic. They were each and every day that have built You can show your victory against one of the biggest, most powerful businesses in Australia. But the fight isn’t over yet. Qantas actions are an attack on a wrong and Qantas lost. the trusted reputation of Qantas. support by signing Alan Joyce is now standing down 2,500 Qantas unionised workforce. It was an attack This decision is an incredible, once- The TWU has launched a new the open letter to the workers, despite receiving more than $2 billion on workers prepared to fight for fair in-a-generation win for the workers. campaign calling on the Qantas Board here: in Government support. This is a kick in the guts Board to do the right thing wages and decent standards at the It sends a clear message to the $11 by the outsourced workforce, bit.ly/386yR8b to the Qantas workforce, and the TWU will keep airline. million man Alan Joyce and the Qantas fighting for Qantas jobs.” 10 | TWUNEWS SPRING 2021 FACEBOOK.COM/TWUNSW TWUNSW.ORG.AU TWUNSW.ORG.AU FACEBOOK.COM/TWUNSW TWUNEWS SPRING 2021 | 11
TWUBUSES TWUBUSES TIME FOR INDUSTRY STANDARDS TWU POWER DELIVERS The TWU is negotiating with bus companies across INDUSTRY STANDARDS SOUGHT: Setting standards for maximum Setting standards for industry LOCKDOWN PROTECTION • Bus drivers are on the frontlines of COVID every day and they need to be kept safe so that bus services relied on by so NSW for new Enterprise Agreements. Members are driving times to enable on-time training many essential workers can continue to operate. seeking to add in industry running and realistic timetables Strengthening workplace health • Rapid testing arrangements have been in place for drivers transporting hotel quarantine passengers to and from Sydney standards that properly Setting standards of working and safety Airport since before Christmas. support workers when it hours and fatigue management Setting standards on wage • The TWU has successfully negotiated arrangements with private bus companies for affected drivers to be paid as normal comes to safety, pay and Setting standards that increases while in isolation conditions. strengthen union power in a yard Setting standards on • Transport for NSW has come on board, building on measures introduced by TWU members including, exclusion or buffer superannuation increases zones, opal and cash handling bans and screens that protect drivers from coughs and sneezes. DELEGATES TALK ABOUT THE AGREEMENT IN THEIR YARD PAID VACCINATION LEAVE I note tha Ministers t after a rec – on how tha including you – ent COVID we exposure event at RAPID ANTIGEN TESTING - PULLING UP ON SAFETY security t experience may re required to und Parliament House STEWART, DELEGATE AND GREG, DARREN, MANISH, of being paid as nor have been differe ergo 14 days iso The TWU has been in discussions with , several Drivers are still in a situation I again urg all bus ope e you , as the top mal during nt for . lation. leagues wit Governm that period you and your col I ask you to refl hout the ent ect A HEALTH AND SAFETY REP DELEGATE DELEGATE AT DELEGATE rato rs of the27pub July 2021 with the NSW Government about the need formal pai lic where too many have told The Hon Andrew Constance MP Minister for Transport and Roads d pandem NSW Government transport supply ic leave arra con to their driv ers. chain, ngements tracts must extend to immediately paid vaccin ma nda ation lea te that (HSR) AT CDC DURAL YARD AT TRANSIT TRANSDEV AT BUSWAYS Yours sin for rapid antigen testing in bus depots cerely, ve and us they were not assisted by By email: office@constance.minister.nsw.gov.au SYSTEMS MT KURING- PENRITH since the decision was made to end Dear Minister, their employer to go get their I write with alarm at the NSW Government’s Ric har d Ols failure Secreta bus drivers employed by private operators. ry toen guarantee paid vaccination leave for IN REGION GAI YARD YARD workplace testing of bus drivers. Under Transp ort Worke jabs. The TWU has made calls rs’ Union I note reports in the media today that the NSW Government will be NSW offering two hours’ paid vaccination leave to all public sector workers. However, as you know, the majority of bus 3 YARD AT current arrangements, bus drivers are drivers in NSW are not directly employed by the NSW Government. “I have been “A new EA to the NSW Government, the It is deeply disappointing that the NSW Government has not included bus drivers employed by private operators in this vaccination leave announcement. We are also concerned that bus SMITHFIELD head of the public transport drivers are not being prioritised in the COVID vaccine rollout, despite the critical nature of the work they do to keep NSW moving. not subject to any regular COVID testing in unions binds Busways requirements whatsoever, which presents It makes no sense for bus drivers in certain parts of Sydney to be given paid vaccination leave supply chain, to extend while the majority of drivers across NSW working for private operators miss out. This is “Where we sit (in Region for 35 years, and I love the to a contract with drivers particularly concerning when you consider that in the parts of Western and South West Sydney most affected by the current COVID outbreak, all bus services are run by private a significant risk of COVID transmission TWU BUSES operators. 3), Transit Systems is the career I am in now. Coming and empowers the TWU their paid vaccine leave No bus driver should be put in a situation where they feel like they cannot afford to take time to bus drivers and their families. off work to get the COVID vaccine. I call on you to mandate that all bus operators with NSW Government contracts must extend paid vaccination leave entitlements to their drivers. only bus company that has together and communication to protect workers’ rights arrangements to bus drivers I also reiterate the TWU’s previous calls for the NSW Government to implement formal paid pandemic leave arrangements for private bus company drivers if they test positive for COVID-19, or if they are identified as a close contact. employed by private operators The negotiation of a new underpaid drivers working under NSW Government in the yard, building our Union strength, will bring and prevent exploitation in the workplace and – not just those working for Of the 35 bus services listed as ‘close contacts’ on the NSW Health website (as of yesterday), 20 were on routes delivered by private operators. That’s 20 bus drivers who have been forced into 14 days isolation without the safety net of formal, paid pandemic leave. Without formal pandemic leave arrangements, bus drivers run the risk of potentially being unable to provide for their families if a COVID-positive passenger boards their service. URGENT SAFETY NOTICE TWUTHE NSW2013 EA is a time for us to rattle contracts. When we across the line our claims provide drivers with a better State Transit. negotiated the last EA, and the industry standards work and life balance. We GOVERNMENT cages. With the support of Read the letter to the Mick Pieri, and Nimrod Nyols managers, Clint Feuerherdt we need. There is safety in are looking for 12 hours Minister for Transport here: NATIONAL WON’T PROVIDE COVID TESTING TWU 2013 FOR YOUR BUS DRIVER at the TWU, we are rattling and Doug LaMont said numbers and we can ensure maximum a day to be used https://bit.ly/2YbS6eO BARGAINING SURVEY cages every time we confront what they could offer was management don’t have it all at the workplace. Too many RAPID TESTING AND VACCINATIONS SHOULD BE DONE AT DEPOTS WE NEED YOUR HELP NATIONAL Complete this survey to have your say on the the best they could do their way. The importance of extra hours at work can issues that matter in your new agreement. management across a at the time but promised superannuation increases in lead to fatigue and less TO KEEP YOUSURVEY BARGAINING SAFE! table. Right now, we are in a The Union made the call louder for terrible situation with safety, they would make it up for the claim for young drivers time available for family. I rapid COVID testing and vaccines to be CompleteREGISTER PLEASE this survey to A have your say on the COMPLAINT! issues CALLthat matter – 131500 in PRESS your newZERO agreement. superannuation and the need us at the next enterprise beginning their career and want to see superannuation offered at bus depots, following chaos for industry standards across agreement. We are going the more senior drivers strengthened because like at depots in the Inner West. OR USE THE OPAL APP ON YOUR PHONE NSW. You should be proud to hold them at their word. cannot be underestimated. all drivers I want to retire TO PROVIDE FEEDBACK Bus services across Region Six to be union, in your yards Transit Systems employees You get paid 9.5 percent with dignity. Superannuation www.twu.com.au/toll (servicing Sydney’s Inner West and facebook.com/TWUAus twitter.com/TWUAus talking to the non-union under the Region 3 contract on your ordinary wage, but at 9.5% is not a fair rate Southern Suburbs) were thrown into TO JOIN GO TO TWUNSW.ORG.AU/JOIN OR OR CALL TWU 1800 729 909 members to join and build will need to get a 5% pay it is not paid on overtime. compared to the 15% we Members at four bus depots across chaos with the Leichhardt depot twunsw.org.au www.twu.com.au/toll Authorised by Richard Olsen, rise this year just to be equal How does that help years should be receiving in line Western Sydney walked off the job State Secretary, Transport Workers’ Union of NSW, our numbers and strength. forced to close after two drivers tested Use your phone QR Code Reader to join online facebook.com/TWUNSW facebook.com/TWUAus twitter.com/TWUNSW twitter.com/TWUAus 22 John Hines Avenue, Minchinbury NSW 2770 p: 1800 729 909 e: info@twunsw.org.au Everybody benefits from the with the other companies. down the track? We must be with other workers in public for a two-hour safety stoppage. positive for COVID-19 and at least 20 work Mick and Nimrod are Let’s build our Union getting the value in Super for transport. The NSW Government needs to fix others were forced into isolation. The doing on the EA. numbers in the yard. all the hours we do.” this immediately - they can’t expect TWU received reports the chaos had thousands of bus drivers across spread to the nearby Tempe depot, with MARTA, DELEGATE AT TRANSIT SYSTEMS REGION 6 YARD AT LEICHHARDT dozens of close contacts and cancelled Sydney to continue working under unsafe conditions. While vaccination “Let’s prepare for action and a new agreement that provides the best pay and conditions services as well. Over the past few months we’ve seen is our most effective defence against for all drivers. Transit Systems are hoping to keep drivers separated under two agreements. dozens of bus services listed as close COVID-19, it is not a silver bullet as it The chaos at the depots in Leichhardt Working with all drivers we are picking the best out of both expired agreements in Region 6 contact exposure sites, but the NSW is still possible for vaccinated workers and Tempe shows that the status quo and presenting them packaged as one agreement. That would be best for all drivers. We are Government has done very little to to unknowingly transmit the virus to just isn’t good enough when it comes to all in this together, fighting 13 hour working days for split shift drivers, and the shortfalls in improve access to testing and vaccines colleagues and/or passengers who may protecting bus drivers from COVID-19. superannuation. Together we are tough and we will get there!” for the people driving those buses. not be vaccinated. 12 | TWUNEWS SPRING 2021 FACEBOOK.COM/TWUNSW TWUNSW.ORG.AU TWUNSW.ORG.AU FACEBOOK.COM/TWUNSW TWUNEWS SPRING 2021 | 13
COVID-SAFETRANSPORT TIMEFORACCOUNTABILITY A COVID-SAFE TRANSPORT ROADMAP NO ACCOUNTABILITY AT ARAMEX THE KEY TO REOPENING AUSTRALIA COMPANIES LIKE ARAMEX are putting drivers at risk, doubling the means their safety, while loading, is at risk. amount of freight and not increasing The non-franchised areas of the the number of freight handlers to company, are left vulnerable to losing sort the freight and help manage the clients, because Aramex hired ad-hoc increasing load. couriers that were not provided a proper Aramex won’t invest in the simple understanding of the Aramex model infrastructure that all courier companies of business and the way the Aramex have, to ensure the sorting and loading franchisees work. The company has no of freight is a reasonable and safe. accountability system in place for these The TWU has launched a plan for a national overlooked industry throughout the pandemic, leading to There is extra work, and the risk has couriers and is not ensuring that the increased and the company has failed work is done in a way that drives the covid-safe Transport Roadmap to protect mass covid outbreaks and subjecting transport workers to Aramex business forward. workers, the public and our economy, including: ROAD TRANSPORT laborious and punishing testing regimes, border chaos and lack of access to truck stops. The Federal Government failed to address the growing demand in their business. Remuneration, job security and safety SNAP POLL Vaccination and rapid testing hubs to suit transport shifts to prioritise vaccines for transport workers in road or aviation, The company is ripping the profits off are the issues that the TWU are Paid leave for vaccination and recovery or put in place uniform covid rules guided by industry. workers, who have ended up working supporting the Aramex Franchisees in AviationKeeper and rapid pre-flight testing harder for less in an environment that improving. A survey of 1,200 truckies,The bus aviation plan would drivers, couriers, retain skilled rideshare drivers,airport workers food delivery through riders Uniform rules for borders, testing andand vaccine AviationKeeper and ensure all airports have rapid pre-flight distribution workers has found that one-in-two are not vaccinated against COVID-19. requirements Transport workers are essential testingtoinAustralia’s clear sign of the Federal Government’s The roadmap is supported by leading epidemiologist place for pandemic beleaguered failure passengers to prioritise industry from future response vaccinating andto and crew these critical covid shocks and results shield workers the are a inspireto AMAZON WHO PAYS? JOIN THE FIGHT FOR $40 reduce transmission. Professor Adrian Esterman. Transport has been a critically greater confidence in travel as restrictions ease. JEFF BEZOS launched himself into Australia with a business model that VACCINATION NUMBERS space in July, dressed in his space will block up our roads with desperately THE TWU ROAD SURVEY suit, all smiles for the camera. He let us underpaid delivery drivers and 54 14 32 potentially unsafe vehicles. % % % ONLY know this when he said before hopping onboard his rocket: The Industry standards need lifting A TWU survey of 1,200 truck drivers, bus drivers, couriers, rideshare drivers, food delivery “I want to thank every Amazon – Amazon will not lift them for their arethat riders and distribution workers has found not 54% are not vaccinated have had are fully against COVID-19. employee and every Amazon customer drivers, driving their own cars and vaccinated The respondents of the survey claimed over 84% do not vaccinated have paid vaccination leave, onelimited with many left to navigate shot because you guys paid for all this.” getting work through an online App. Amazon has made its founder the This leads to questions about duty of appointment times or confusing government information without support from employers. One member so concerned he said cars to deliver packages, in some cases richest man in the world at $240 billion. care, the TWU knows that corporations PAID BARRIERS in the survey, “I wish the company would make VACCINATION TO for arrangements VACCINATION LEAVE drivers to get their vaccine. I believe they don’t care.” But what makes this so galling is just not able to see out windows. Workers like Amazon, Uber and Australia reported earning between $10-$15 84 how much Amazon’s workers have paid Post want to undercut drivers in the %POLL 29% 21% 20% ROAD TRANSPORT SNAP per hour after costs are deducted, well legitimate parcels delivery industry to make him this rich. below minimum rates. made up of owner drivers. IMPACT ON TRUCKIE FATIGUE of respondents Amazon may be new to Australia but it In a similar vein to Uber, Amazon Flex said there was said government said it was difficult is already displaying worrying behavior The TWU Fight for $40 is ensuring that 53% have not been given drivers have no right to guaranteed 43% 30% limited availability/ advice was to find time to get you are properly paid for the work you paid time off to get - and rule breaking. Workers delivering timeslots confusing vaccinated minimum wages, annual leave and vaccinated do and the vehicle you run. As a result packages for Amazon Flex were sick leave. They are regularly sacked of interstate truckies the delivery industry is a safer and fairer couldn’t find open truck Aof bus interstate truckies It’sdriver queued for responds hard tohours several of truckies were to thedays book a vaccination survey: in advance told to self-isolate I wish the company would make engaged for months last year without unfairly without warning or the chance stops to shower, get a hot receiving safety training mandated by workplace for those with vehicles under meal or rest towhen you only get a 24in hour get tested break on their trucks arrangements for drivers to get their to appeal. “timetables are so tight, you don’t have irregular day. vaccine. I believe they don’t care. NSW regulations. Training only began When Amazon appeared at a Senate two tonne. In the survey, over 8am half of all – 4pm… two minutes to feel like I am a to Testing centres are only open between I’m made Most drive-in centres covid get your bus cleaned by the carrier even though I get tested when the TWU complained to Amazon. Inquiry on Job Security in June, the Join the TWU Fight for $40 Facebook professional PAID VACCINATION HOTSPOT CONCERNS don’t cater for heavy vehicles. truck drivers who participated up to 3 times a week. cleaners the government has LEAVE Amazon has also revealed the anti- TWU revealed details of the company’s page here - bit.ly/2DeMJkX could not find open truck stops paid to clean your bus.”Worried about the loss of work and overtime, union behavior it is known for across 74% behaviour. Former TWU National PAID VACCINATION UNSAFE CLEANING PRACTICES to shower, get a hot meal or rest LEAVE FOR BUSES AND RIDESHARE the world. The company called the and insufficient help from the Government. Secretary, Senator Tony Sheldon as a result of recentCleaning lockdowns, is not Phlegm andWithout snot on thesupport, Ubermany not givingtransport me at least 5 workers are forced to make a terrible choice: put police on two occasions in May last grilled Amazon representatives about while one-in-three up to scratch. were forced screens… timetables are food of on minutes off once I finish a trip the table, respondents do notor not feel work givesafe totrip… I live outside get vaccinated andthedeal hotspot withareas and I’m side possible afraideffects. year when NSW TWU officials tried to The masks we so tight, you don’t have before they me the next the underpayments of drivers and the to self-isolate in their trucks were given were two minutes The toTWU get inisCOVID-19 working it doeshotspot fighting not for allow time to clean priority areas vaccinationsof bringing and paidit tovaccination my community, through leave, so nomy access a Sydney distribution centre not good enough your bus cleaned by the car between trip… Because family. refusal of entry to union officials. Of after receiving a COVID test, one 80 77 58 to breathe. transport the professional cleaners worker is Iforced of that, have issuesto make with being that choice. to talk to workers, despite giving prior driver said, “TestingI hadcentres to pay for arethe government has paid % % late to pick up riders because %I If I have to self-isolate, it means everyone in the notice and showing right of entry. course, they denied it and had their better. only open between 8am – 4pm… to clean your bus. have to pull over to clean the car. household would be affected. There would be little cronies in the Federal Government on Prioritising fear getting transport are worriedworkers for vaccinations are worried and providing paid vaccination leave Most drive-in centres don’t cater support from the most company as theyand would just get When TWU did gain entry, officials hand to ask soft questions. will go a longabout COVID waypassing to protectingabout the essential workers in our mobile critical for heavy vehicles.” the virus to prospect of another driver to do your work. I have to be constantly observed workers loading up personal Amazon flex has arrogantly driven into industries from contractinglosing family andpay transmitting the about anxious virus.what I touch or come in contact with. MORE OVER PAGE >>> 14 | TWUNEWS SPRING 2021 FACEBOOK.COM/TWUNSW TWUNSW.ORG.AU TWUNSW.ORG.AU FACEBOOK.COM/TWUNSW TWUNEWS SPRING 2021 | 15
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