Message from the President

As we head towards Christmas, a part of our industry starts to wind down for a very deserving break, the other part of the industry is getting prepared for the busy time for their business. 

As we farewell 2005 we are starting to see our work pay off.  This year we have been involved in negotiations with regard to:

Accreditation

The payment of the second $100 was made during December, with a further repayment of arrears to be made early 2006.  Future yearly payments will now be made in monthly payments for free to user and once a year to top up operators.

Travel to Inspection Stations

(to be paid 1^st half of 2006)

The Association has completed the process of compiling a data base of operators to enable the TBA to calculate the payment applicable to operators within the varying travel distances to inspection stations.

 Twelve (12) Monthly Inspections

The Association, through a working group consisting of members and DIER personnel, has completed the criteria for the twelve monthly inspection regime to be introduced early in 2006.  The newsletter contains information on the scheme.  To obtain an application form, visit the Tasmanian Bus Association website at tasbus.com.au or contact the Association Office.

Road Safety Program

The Association, in conjunction with the Minister for Infrastructure, was very proactive in issuing a media release at the beginning of third term.  Emphasis was on the safety of children walking to and from school buses and also the immediate time children alight from a bus.

Road Safety Program cont.

During third term the Association has worked with the Road Safety Division of DIER, The Student Transport Users Group Road Safety Task Force to have in place for commencement of term one 2006 several safety initiatives.

 

Included with the newsletter, is one of the developments; a Code of Behaviour which will be supplied to all Public School children at the commencement of term.  Students are required to agree with the conditions under which they are transported.  Parents are also required to agree with those conditions and also the part that parents play in road safety.  The School Principal, the Bus Service Operator and the parent are required to consent to An Agreement in Support of Safer Transport.

 

Indexation and Fares

The adjustment of the SBI from 1 April was a result of the Association Directors calculating the variances when the previous index component of leaded fuel was replaced by the diesel price.

 

Tender Guidelines

Following from the round of the last tenders for free to user school bus contracts the Association has successfully negotiated with DIER that the tender accepted will no longer be the lowest cost to the Government with any new tenders being awarded on basis of 60% of the cost will be on price tendered with the remaining 40% being on service delivery criteria.

 

Accreditation for Open Tour & Charter

Discussions have continued with DIER.  The additional areas the TBA wished to have implemented in this module, regarding complaints, may be introduced in all modules.  TBA is to have further discussions with the Tourism Council early in the New Year.

 

Public Liability Insurance

The Association has recently completed negotiating a new package with a broker. Please find details under Member Benefits.

 

Industry Data

We are slowly gathering important industry data.  The importance of the industry to the Tasmanian economy is being examined, and industry facts being compiled.

 

Bus Cost Model

Components that make up the new Bus Cost Model were recently finalised, in conjunction with officers from DIER.

 

Next year we will endeavour to implement the Bus Cost Model for Free To The User Contracts, then make adjustments to include RPT and general access services.

 

National Award

Congratulations to Neville Wells on winning the National Award for Outstanding Contribution - see article in newsletter.

 

During the year we have also welcomed nine new members.

 

I wish Geoff, the Directors, all members and their families and staff a very happy and joyful Christmas and trust that the New Year is safe and healthy for all our friends and relatives.

 

Shane Dewsbery (Bubbles)

 

 

 

 

 

 

 

 

Outstanding Contribution

 

Name           Neville Wells

Company      NA & SA Wells

Nominator    Tasmanian Bus Association

 

Neville has been involved in the bus industry for the past 41 years. He commenced as a school bus operator at Marrawah on the Far North West Coast of Tasmania, during which time he and Sadie were operating the Marrawah General Store.  After 10 years in the store, and having bought 4 buses, they moved to Mawbanna. Sadie and Neville moved to Smithton 25 years ago, where they still operate their business.

 

During this 41 year period, Neville has been a member of the Executive of the Tasmanian School Bus Association for 29 years, and for the past 4 years has been a Director of the Tasmanian Bus Association.

 

He was President of the Tasmanian School Bus Association for 7 years, Vice President for 1 Year, Delegate to the Australian Bus and Coach Association, and more recently Bus Industry Confederation Councillor for a total of 16 years.

 

Neville played football in his early days and was an executive member of the Smithton Saints upon their move to the North West Tasmanian Football Union.  He has been actively involved as an executive member of the local Kart Club.

 

Neville has also been an active member of Rotary International for the past 30 years and was President for 1981/82.  Neville was awarded the highest recognition from Rotary in 2004 by being selected to receive recognition as a Paul Harris Fellow to acknowledge his contributions to the humanitarian and educational objectives of Rotary. 

 

 

Neville Wells, left, being congratulated by Steve Heanes
from Iveco on winning the award.

BIC  Column         

As most would be aware, the Industrial Relation “WorkChoices” legislation passed through the Senate on Friday 2 December and House of Representatives on Monday 5 December.

The final WorkChoice legislation was not available at the time of writing.  Following is an overview of what the Government is trying to achieve.  More detailed information will be provided when it is available.

WorkChoices will directly cover up to 85 per cent of Australian workers. That includes everyone working for incorporated companies as well as employees of Australian Government bodies (such as the Australian Tax Office) and employees working under State Awards or Agreements who are employed by a Constitutional corporation.

WorkChoices will not affect employees of unincorporated businesses and those State Government bodies not currently in the Federal system. Unincorporated businesses already in the Federal system will be able to remain in the system for up to five years.

People on Federal Awards

If you currently work under a Federal Award, your minimum wages and basic entitlements (such as annual leave, personal/carer’s leave, parental leave and a maximum 38 hour ordinary working week) will be guaranteed by law under the new Fair Pay and Conditions Standard. If your Award differs from the Fair Pay and Conditions Standard, the more generous of the two will apply. There will be protected conditions such as public holidays, rest breaks, incentive-based payments and bonuses, annual leave loadings, allowances and overtime loadings. These protected Award conditions can be the subject of workplace bargaining, though they can only be modified or removed by specific provisions in an Agreement. If these entitlements aren’t mentioned in the Agreement the Award provisions will continue to operate.

 

People on Federal Collective Agreements

If you currently work under a Federal Collective Agreement, all the working conditions and entitlements negotiated in that agreement will remain except for clauses which are currently prohibited or inhibit the ability of the parties to bargain, or affects third parties (like barring independent contractors). Otherwise, no changes can be made without the approval of the employees to the agreement.

 

In relation to Collective Agreements made under the new system, the Fair Pay and Conditions Standard will apply throughout the life of these agreements, which can be up to five years. Because the Fair Pay and Conditions Standard represents the minimum which all employees are entitled to, wages and conditions in agreements will always need to be equal to or higher than the Standard, which may change from time to time.

 

People on AWA’s

If you currently work under an AWA, the conditions and entitlements you negotiated in that agreement will remain intact. No changes can be made to your AWA without your specific approval.

 

In relation to AWA’s made under the new system, the Fair Pay and Conditions Standard will apply throughout the life of these agreements, which can be up to five years. Because the Fair Pay and Conditions Standard represents the minimum which all employees are entitled to, wages and conditions in agreements will always need to be equal to or higher than the Standard, which may change from time to time.

 

People moving into the new system

If you currently work under a State Award or Agreement and are moving to the national system, your State Award or Agreement will become a transitional Agreement that applies to your workplace and protects your current working conditions until replaced by a new Agreement. Some content in former state Awards and agreements such as union preference clauses or those which are currently prohibited in the Federal system will be unenforceable, like compulsory union bargaining fees for non-union members.

 

People in Victoria

Because Victoria has already referred its workplace relations powers to the Commonwealth, you will continue to be covered by the Federal system regardless of whether you are employed by an incorporated company or not. All employees in Victoria will benefit from the Fair Pay and Conditions Standard, ensuring that minimum wages and conditions are guaranteed by law.

 

The Key Elements of the new system include:-

 

§            The creation of the Australian Fair Pay Commission which will adjust the minimum wage and Award classification rates of pay.

§            Four Legislated minimum employment conditions (the Fair Pay and Conditions Standard).

§            The formation of the Award Review Taskforce (ART) which will further simplify and rationalise awards.

§            The Australian Industrial Relations Commission (AIRC) will have reduced ability to make and vary Awards operating as a default alternative dispute resolution forum providing arbitration only by consent of all parties to an agreement.

§            The Office of Employment Advocate (OEA) will have responsibility for approving all Agreements (EBA’s and AWA’s) and assisting parties in agreement making.

§            The Office of Workplace Services (OWS) will have responsibility for enforcement matters including compliance with the requirements for agreement making.

§            The Fair Pay and Conditions Standard will be the benchmark for approving all Agreements.

§            Pattern Bargaining will be prohibited.

§            Employers with less than 100 employees will be exempt from the unfair dismissal process.

§            State registered unions will have transitional status in the new system but will likely cease to operate in the new system if they have a Federal counterpart.

 

Unless State Governments refer their Industrial Relations powers to the Commonwealth (as did Victoria), State Tribunals will continue to operate to deal with:- 

 

§            State public servants

§            Unincorporated entities

§            OH&S prosecutions

§            In NSW, LOD’s (likely to remain until the Independent Contractor review is concluded Federally)

§            In relevant jurisdictions, Unfair Contracts (It is very unclear how WorkChoices will limit this.)

 

Last Friday 2 December, the Senate passed over 100 amendments and saw the Work Choices Bill pass through the Senate.  Following is an overview of some of the key amendments put by the Liberal and National Party joint party room.

 

Australian Fair Pay and Conditions Standard

§            Ensure that employees engaged on the basis of a fixed number of hours per week (eg 38 hours) including where those hours are averaged, are paid at least that number of fixed hours, irrespective of the number of hours actually worked that week. However, employees would not be paid for periods of unauthorised absence or industrial action. [as recommended by the Senate Committee].

§            Ensure that an employee who is engaged for a specified number of hours per week is guaranteed to accrue leave entitlements based on that fixed number of hours, regardless of the number of hours actually worked (i.e. 4 weeks leave for full time employees) [as recommended by the Senate Committee].

§            Existing Award provisions for the timing of payment of wages provisions will be protected. To protect employees who are not covered by an Award or Agreement, or not otherwise covered by State legislation on payment of wages, a default payment mechanism has been included guaranteeing payment under the Fair Pay and Conditions Standard on a fortnightly basis, in arrears.

§            Hours – averaging will be removed from the default arrangements (this has caused some concern) but the Bill will allow averaging periods of up to 12 months under an Award or Agreement (includes contract of employment).  Unless an averaging Agreement is in place, any hours in excess of 38 hours will be regarded as additional hours and subject to the reasonable additional hours provision [as recommended by the Senate Committee]. 

 

§            Public Holidays

An employee is entitled to a day off on a public holiday, although the employer may ask the employee to work. The employee may refuse to work provided the employee has reasonable grounds for refusing.  An employer may not dismiss an employee or otherwise alter the employee to his/her prejudice for reasons including that he/she reasonably refused to work on a public holiday

 

§            Termination of Employment

Grouping provision for unfair dismissal to prevent companies restructuring to become less than 100 (based on Section 50 of the Corporations Law).  Extending time for an election to proceed to bring about Court proceedings for unlawful termination matters from 7 days to 28 days to accommodate the new $4000 financial assistance scheme.

 

I hope that early in the New Year I will be able to provide a complete Industry Overview to assist you and your business manage the proposed changes as seamlessly as possible.

 

As this is the last Column for the Year, BIC would like to thank operators and suppliers alike for their support over the past year, and wish you all a Merry Christmas and Happy New Year and look forward to a successful 2006.

 

 

Member

        Benefits

 

New Services - BIG SAVINGS

 

The Association, on behalf of members, has negotiated considerable savings on Public Liability Insurance based on school buses that operate some charter.  We've also been able to negotiate Statewide rates for Fire Extinguisher servicing.  

 

 

Public Liability Insurance

The savings are based on school buses (for operators with 1-5 vehicles) that operate some charter within the local area and within a radius of the depot not greater than 100km.  Savings vary between 20‑50%, according to the number of vehicles operated.

 

Operators with more than 5 vehicles are requested to contact Hiscock Insurance Brokers for a quotation.  (03 9596 5292)

 

 

Fire Extinguisher Servicing

The Association has been able to negotiate rates that are applicable Statewide. The previous supplier was based only in Launceston and Hobart.  The new rates represent the following approximate savings:-

Six monthly or annual service                 20%

Pressure Test                                      35%

New extinguishers                                40%

 

The Association's arrangement with the service provider is as follows:-

 

§            The operator will contact Asset Tracking Solutions Pty Ltd (03 6471 5006) who will undertake servicing of the extinguishers.

 

§            Asset Tracking Solutions Pty Ltd will render an account to the Association Office with the operator's name and TBA membership number.

 

§            The Association will then invoice the operator.

 

§            Payment will be made to the Association.

 

Member

        Benefits cont.

 

 

The Association has negotiated rates for members at the following locations within the Hotel Grand Chancellor group.  The rates are for room only twin share and subject to availability.

 

Accommodation		Number	Tariff	Area
Chancellor Inn		03 6471 1033	Room only      $65.00	Queenstown
Hotel Grand Chancellor		03 6235 4535	Room only    $130.00	Hobart
Hotel Grand Chancellor		03 6334 3434	Room only    $130.00	Launceston
Lemonthyne Lodge Chancellor treetop cabin		03 6492 1112	Room only    $105.00	Cradle Mtn
	Provider	Number	Company/Contact	Area
Batteries	Island Batteries	03 6334 9888	Island Batteries	Launceston
		03 6273 8600	Island Batteries	Hobart
	Distributors	03 6424 9112	Phoenix Coaches	Devonport
		03 6442 2891	Fentons Coaches	Wynyard
Finance	GE Commercial	0414 290 441	Grant Weatherburn
		1800 353 046	Graeme McDonald
Fire Extinguishers	Asset Tracking Solutions	03 6471 5006
Flashing Lights	TBA office	03 6423 2611
Insurance	Lumley Insurance	03 6331 5844	Chris Hemsley
	Australian Bus & Coach Underwriting Agent	1800 035 653	Thea Hillier
Public Liability Insurance	Hiscock Insurance Brokers	03 9596 5292	Alan Limpyer
Shipping	TBA office	03 6423 2611
Signs	TBA office	03 6423 2611
Spare Parts	Bus Sales Pty Ltd	1800 288 777
Tyres	Dowling McCarthy Tyres	0418 995 748	Stephen Dowling
	Bus Sales Pty Ltd	1800 288 777
Workers Compensation	Hiscock Insurance Brokers	03 9596 5292	Alan Limpyer

 

56 Mirrimar Drive, Blackmans Bay, TAS, 7062

Phone:  03 6229 4451                                                                                     Mobile:  0417 397 629

Proprietor Roger Belcher advises that he carries good stocks of spare parts for a variety of makes and models.  Items always in stock include heaters, mirrors, roof vents, wiper parts, rivets, and rubber and plastic mouldings for bus bodies both old and new.

Arrangements can be made to carry out body paneling, frame repairs, modifications, etc.

Contact Roger for personalised service and that hard-to-get part.