30 September Update
Sydney Trains changes advice to staff after PA letter
Members will recall that Sydney Trains were advising staff who took part in stop work actions would need to advise their managers and payroll of the action.
Professionals Australia had concerns that these directions may have caused Sydney Trains to be in breach of their obligations under the Fair Work Act. We wrote to John McAuliffe regarding these concerns. You can read the letter here.
Sydney Trains has now changed their advice to staff on the requirements, but we still have concerns about what Sydney Trains is directing you to do. So, what are members obligations in relation to advising employers about industrial action?
What to do when you take protected stop work industrial action?
The obligation is for the union to notify the action on your behalf, your obligation is not to claim pay for the period of the stop work. Sydney Trains bears the primary responsibility not to pay you.
This means that you must fill out your timesheet and note the hours you took industrial action, and not include those hours in your total hours for the day. The same thing you would do in any pay period, accurately record your hours and any exceptions.
What about the Transport Equip Timesheet ban?
If you have taken strike action and have also not completed timesheets as part of the PIA, then email payroll to confirm that they have captured your strike time in their pay run.
What if I get paid for the period of the stop work action?
If you get paid, you have a legal obligation to let Sydney Trains know of their error and arrange to pay it back.
Improper conduct addressed, let us know if it happens to you
In addition to this we have had to address a variety of issues such as people not getting paid at all for the day in which they took industrial action and staff being directed to perform work subject to a ban. We have raised these matters directly with managers and HR on each occasion and been able to resolve most of them quickly.
If you experience adverse action, intimidation or coercion in relation to any industrial action then please let us know immediately so we can raise the matter on your behalf.
NSW Trains Update:
PA representatives met with NSW Trains today and presented among other things:
- The CPD claim for 24 hours additional leave to attend CPD events for professionals with registration or licensing that requires CPD;
- Our claim for priority assessment to be ongoing until a permanent role is found or the employee exits Sydney/NSW Trains;
- Our Job Security claim for staff to be able to take a temporary role as a development opportunity without losing permanent status; and
- Our claim for the CTC staffing levels to be maintained at no less than their current staffing levels
You can read the CRU bulletin about NSW Trains Bargaining here