Bus drivers hopeful disruption from new employment law can be averted

Thursday, 4 April 2019

Bus drivers can currently work up to five-and-a-half hours without a break, but from May 6, they will be entitled to a 10-minute break after two hours at the wheel.

A union representing bus drivers is optimistic forecast disruption to public transport can be averted next month, when new employment law takes effect.

Unions, bus companies and two Cabinet ministers met on Wednesday evening to try to find a way through a stand-off over how new legislated breaks for drivers could be fitted into bus service timetables.

The bus industry had estimated up to 2500 services could be disrupted daily if the changes to the Employment Relations Act came into effect without modification.

'Some ideas have been floated, which with a bit of flexibility could work,' First Union organiser Jarrod Abbott said.

* 1400 bus services could be at risk due to new employment laws, Auckland Transport says

* Auckland bus services could be hit by new law on drivers' shift patterns and breaks

* Government withholds 'contentious' research on bus drivers' conditions**

The meeting at Parliament, chaired by Transport Minister Phil Twyford, followed increasing frustration by bus driver unions that the companies had not begun negotiating over how new rules on breaks would be implemented.

Presently bus drivers can be required to work up to five-and-a-half hours without a break. From May 6, they will be entitled to 10 minutes' break after two hours and 30 minutes after four hours at the wheel.

The Bus and Coach Association had said thousands of services could be hit, and the council agency Auckland Transport estimated up to 350 extra drivers and 90 additional buses could be needed to maintain the city's timetabled services.

Abbott said the unions believed the industry had hoped to get an exemption from, or delayed start to, the new regime.

'We have agreed to start exploring some solutions, and will meet again next week.'

Abbott said a small group of operators from different parts of the country would work on some ideas, before reporting back.

The Tramways Union had previously told Stuff it might be possible to structure breaks later than the two-hour mark to build some flexibility into meeting timetable requirements.

However, both unions were adamant drivers should enjoy breaks as other workers did.

In a statement, Twyford said: 'I am encouraged by the willingness of both the employers and unions to come together to solve this problem.

'We're going to give it our best shot, and it's going to require regional councils who contract the bus companies to work with the rest of the industry and show a lot of flexibility.'

Council of Trade Unions President Richard Wagstaff was one of more than a dozen at the meeting, and hoped it might lead to discussion on other issues in the bus industry.

Wagstaff said low wages and the role of a new contracting system also needed to be dealt with.

'This industry could do with better collaboration, and this is an opportunity to do this – it would seem the minister is encouraging us to do so.'

The Bus and Coach Association said after the meeting it was committed to providing drivers with rest breaks and there had been 'positive engagement'.

'The aim is to ensure any impacts are minimised,' chief executive Barry Kidd said.

The stand-off has highlighted some of the tensions in the way urban bus services are provided.

In the major cities, bus companies have agreed-price contracts with councils to deliver services as scheduled.

However the law change will in some form need more drivers and perhaps buses, raising costs for operators who can't yet be sure how they would recoup that expense.

Councils are expected to be part of next week's update meeting with the other participants, which also includes the Workplace Relations and Safety Minister Iain Lees-Galloway.

The urban bus industry is already stretched in Wellington, Auckland and Tauranga due to a shortage of drivers, with Auckland reporting up to 112 services cancelled on one day last week, due to a lack of drivers.

The penalties for failing to deliver contracted services can be sizeable with Auckland Transport releasing figures showing one operator has had penalties of nearly a quarter of a million dollars in the past year.

The unnamed operator was 'fined' $40,000 in one month alone, March 2018.

Two others were $51,000 in the red for the year, after penalties outweighed bonuses paid for good performance.

In the carrot and stick provisions provided for in the Government-imposed bus contracting regime, one Auckland operator has ended up with bonuses totalling $222,000 across the year, with three others more than $100,000 better off after a mix of penalties and bonuses.