RMS EOI Outstanding Award Issues and IRC – Update
Members will be aware the PSA had lodged an industrial dispute in the NSW Industrial Relations Commission (NSWIRC) on behalf of members employed by Roads and Maritime Services (RMS) as IVRs (now EOIs)
The matter was set for report back before Acting Chief Commissioner Tabbaa occurred on Tuesday 14 February 2017. Appearing for IVRs at the NSWIRC were Industrial Officer Anthony Wright, Organiser Ian Braithwaite, Advisory Group Chair John Lievore and Secretary Tim Smith.
Matters that were discussed are as follows:
Crib break memo
RMS had previously provided a crib break memorandum for PSA to consider. After discussions with RMS EOI Advisory Group representatives there was a need to clarify the document to make it supersede a number of previously issued RMS crib break memos.
The RMS agreed to include the word ALL in the document. This crib break memo is to be referred to by management to assist approval of crib breaks across the state.
Acting Chief Commissioner Tabbaa was satisfied that the document was now complete and that this has finalised this element of the dispute.
Paid meal break deed of release
RMS provided a draft Deed of Release for the PSA to consider on the morning of the hearing. In the NSWIRC, the PSA advised it had a identified a number of issues of a fairly minor nature and would provide advice to RMS on the issues. Once RMS had considered the PSA feedback, it would revise the document. On completion of the consultation with RMS on the Deed of Release, the PSA will get legal advice on recommending the General Secretary to sign it. This needs to be looked at by PSA lawyers to ensure there are no repercussions to members once signed.
The RMS will commence calculating back pay for the 12-month period immediately preceding the sign off date for the Deed of Release once finalised.
The PSA has also requested that any member who has left RMS within the last 12 months and falls within the back pay period will also receive this payment.
RMS has suggested text which will enshrine the paid meal breaks on afternoon/night shift to be included in the next RMS Award.
The issue regarding suitable facilities was dealt with some time ago with RMS providing caravans, a Winnebago and an Iveco. The RMS committed to ensure that all fixed meal rooms would be cleaned prior to IVRs attending the site for HVIS. EOIs are advised to report any issues to local management if they identify facilities which are unclean or fail to meet reasonable standards.
Since these reporting arrangements have been implemented, no new issues have been raised or reported by IVRs. The matter is now considered as resolved.
Where to from here
The PSA requested a further hearing date be made available in the event there are difficulties with the Deed of Release being finalised .
Acting Chief Commissioner Tabbaa has set aside 11am on 28 March 2017 for report back if needed. If matters continue to progress satisfactorily to conclusion, and the hearing date is not required, the PSA will lodge a Notice of Discontinuance to the NSWIRC.
PSA members should be advised that the NSWIRC has been of great assistance in this matter. It should be noted that Acting Chief Commissioner Tabbaa played an active role in leading the parties in the dispute to a negotiated pacification of the difficulties.
I would like to thank the PSA/RMS Advisory Group members for their assistance, advice and robust discussions during the dispute. All members need to be aware that your representatives have and continue to have the debate and bring their members concerns to the table.
A further bulletin will be sent to members once the Deed of Release has been signed by PSA.
Any issues or concerns please contact your Advisory Group representative or Ian Braithwaite email@example.com