The transfer of TfNSW employees to the National Heavy Vehicle Regulator (NHVR) occurred yesterday, 1 August 2022.
It is a significant change for the membership. Leading up to this date, the PSA has strongly advocated for the best possible transfer.
Whilst the transfer is a significant change, your union will remain the same; whilst we will no longer represent you as the PSA, you will be represented by the CPSU NSW. As a member of the PSA you are automatically a member of the CPSU NSW. You can update your details such as work email address here.
A short update on the transfer to NHVR is below to ensure our members are across some of the major developments and implications of the transfer. The update includes; your Award and pay increase, conditions that will transition, COVID – 19, AIS qualifications and COI’s ADO.
Award & Pay Rise
As members would be aware from our previous bulletins, the PSA opposed TfNSW’s application to vary the Roads and Maritime Consolidated Salaries Award 2019 (RMS Award) (Read here).
As a result, on Thursday 28 July, the RMS Award was arbitrated before a full bench of the
Industrial Relations Commission (IRC). In these proceedings, TfNSW continued to push for a paltry pay rise of 2.53 per cent (plus 0.5 per cent superannuation) even though CPI rose to 6.1 per cent over the last 12 months to June.
The IRC’s full bench on Thursday, restrained by the Government’s unfair and unjust wages policy decided to award employees covered by the RMS Award a three per cent pay rise (including superannuation).
Considering the transfer was imminent and the IRC had ordered the Award be made, to ensure the Award would transfer with you, the PSA sought the IRC to make the Award before transfer. The PSA’s request aligns with the survey results from last week, where 58 per cent of members voted for their pay increase to be contingent on the RMS Award.
What does this mean? You will receive a pay increase from the first full pay period from 1 July 2022. However, whilst TfNSW is no longer your employer, they will still need to back pay you for the period between the pay increase coming into effect and your transfer. Also, this means that future pay increases are guaranteed to be against this figure and provide you access to improved conditions such as gender neutral parental leave.
Conditions that transition with you to NHVR
As the IRC made the RMS Award on Friday 29 July 2022, with the variations in conditions and pay increases, this is the instrument that will transition.
Whilst this has been framed as a lift and shift by NHVR and TfNSW, what transfers with you is only the RMS Award. Policies will not transfer. Once you transition, all existing NHVR policies will apply.
COI Accrued Day Off (ADO)
Despite years of preparation, only days before transfer, NHVR and TfNSW informed the PSA that NHVR would not be applying accruals towards the COI’s ADO in the way TfNSW were as this was outside of the RMS Award provisions.
It had only just come to the attention of TfNSW that they were providing an above Award provision by deducting 22 minutes from employees’ leave to go towards their ADO.
NHVR has contended that they are not required to continue per the RMS Award as TfNSW has done and deduct 7 hours and 22 minutes when COIs are on leave. Instead, they believe that if an employee takes leave and is short on the number of hours required for their ADO they can utilise their leave to make up the difference.
Whilst this approach from NHVR appears to be the technically correct interpretation, we have expressed extreme dismay that this has only been realised a couple of days before transfer, not providing enough time to resolve the matter. We understand and have said to NHVR that their approach will create frustration and unhappiness amongst their employees, and they should be reassessing how they will approach this problem and should continue with the established custom and practice.
If there are further developments, we will advise members.
The PSA understands NHVR recently commenced consultation under their Workplace Health and Safety obligations regarding their COVID-19 Policy. As a result of that consultation, NHVR has updated their definition of fully vaccinated; it is now based on the NSW Health Department. The result is that NHVR’s vaccination policy is more closely aligned to TfNSW, and you do not need a booster.
The Work Health and Safety Act require NHVR to consult with its employees. At the time, you were not employees of NHVR; as such, the introduction of their Policy and subsequent change was not something NHVR consulted with the PSA on. Now you are employees of NHVR, any future changes will see the involvement of the PSA/CPSU NSW in consultation and we will engage with our membership.
The PSA wrote to TfNSW in March 2022 about members whose AIS qualifications have
been held in abeyance by TfNSW. The PSA sought:
- for the AIS qualifications held in abeyance; when the employees transfer to NHVR the qualification is to be given back to employees ; or
- for TfNSW to give back the AIS qualifications when the employee leaves NHVR in the same way as if they remained an employee of TfNSW; and
- for TfNSW to exempt COI’s who apply for accreditation from the requirement for training before and after transferring to NHVR to recognise their skills.
TfNSW responded to the PSA enquiries with a position we are not wholly satisfied with.
TfNSW has stated in accordance with their authority under the Road Transport (Vehicle Registration) Regulation 2017 (NSW) (Regulation):
- They required the AIS qualifications to continue to be held in abeyance. It is TfNSW view s68 of the Regulations require this as there continues to be a conflict of interest.
- As it occurs now, once you leave NHVR (same as TfNSW), you can apply to have the AIS accreditation reinstituted.
- Any exemption will be considered on its merits in accordance with the Regulation.
If you have any questions or issues you can contact your CPSU NSW representatives:
Ian Braithwaite (Organiser): 0400 859 630
Jessica Moore (Industrial Officer): 0408 213 339.
If you are not a member of the CPSU NSW now is the time to join HERE.