Bus and Tram Express
Bus and Tram Express

KD Members Special Edition Bulletin 01

Jun 17, 2022Know Your Rights News

As you look towards industrial action next week there has been constant communication between the union and the company. The company has flagged they have major concerns about drivers not operating the BDCs. 

This revolves around the fact that KDH have to provide TfNSW with the data the machines collect and TfNSW then uses that to measure KDH’s performance across a variety of things like cancelled trips, complaints per 100k passengers, etc. TANSW will fine KDH quite heavily if KDH do not provide this information. 

There is also the issue that it makes running the service from an administrative viewpoint hard, if no PTIPS data is available to DO’s. None of which changes anything, it’s just background information so you understand where KDH are coming from. 

There are 4 options available to KDH when we impose partial work bans. 

1. Do nothing. 2. Issue a notice to employees that there will be a proportionate reduction. That is, they’ll take away as much as the work that isn’t being done is worth. In a case with Transit Systems last year we had that pegged at 1.5% of your hourly rate. (TSA tried for 20%). That is now case law, so the company could deduct the 1.5% from you. 3. Refuse to accept the partial work. The company can effectively say “if you’re not going to do all your work, we’re not going to pay you to do any of it’. This is a full shift of pay lost. It’s not a lock out, because people who do their work normally would still be welcome, it’s more like a stand down while you refuse to do your normal work in the usual way. 4. Lock out. The employer closes the workplace completely. 

It should be noted that your actions remain PROTECTED. That means, whichever of the 4 above options (or combination of them) the company settles on, there are no fines etc that you would face. 

KDH has to give a day’s notice to take actions against you, and Monday is a stoppage, not a partial work ban so this is treated differently. We expect KDH to respond early next week to the Opal ban, so members need to consider what course of action they would take in each of the above circumstances. 

Understand, this is not designed to have anyone decide one way or another. The union will fight for as long as YOU want to. If the majority want to fight on regardless of consequence, then we will. If the majority seek a negotiated settlement at any point in time, then we will do that. 

The last official communication we had with the company was as directed by YOU. A claim for a 2-year agreement with backpay and a 7% pay rise over 2 years. The company has responded with a willingness to look at the 2-year agreement but are refusing to agree to the 4%. Given the ferries are getting 3% across each year and are nearly done with their agreement, it’s safe to say we could likely push for 3% across the board successfully. 

Again, none of this is designed to change your mind. Our job is to give you as much information as possible so members can make INFORMED decisions and are aware of the consequences of any given course of action. The action next week continues as planned and the officials will be hitting the media to highlight our claims. We’ll have to wait to see what the company comes back with next week.