CPSU NSW update: National Heavy Vehicle Regulator

Enterprise Agreement negotiations planning

The National Heavy Vehicle Regulator (NHVR) Advisory Group met on 7 March 2023 at PSA House to progress discussion and planning on the upcoming Enterprise Agreement (EA) negotiations.

In 2022 employees from Transport for NSW (TfNSW) were transitioned to the NHVR. Consequently the Roads and Maritime Service Consolidated Salaried Staff Award 2019 became a “copied state award/instrument” pursuant to the Fair Work Act 2009 (Cth) (FWA) and acts akin to an enterprise agreement.

The current federal Enterprise Agreement that covers NHVR on-road support – NHVR (Operational and On-road Regulatory Compliance) Enterprise Agreement 2020 – 2024 – has a nominal expiration date of 9 October 2024, with a stipulated timeframe for negotiations for a replacement agreement to commence six months prior.

The CPSU NSW anticipates negotiations for a replacement agreement – under the FWA – will commence six months prior to this nominal expiration date.

What will change?

Members who transferred across to the NHVR are now in a unique position. The new EA will have to take into account the rights and conditions under the below sources to create a new, strong EA:

1. Roads and Maritime Service Consolidated Salaried Staff Award 2019 (the NSW State Award);
2. State Government Agencies Award 2020 (the Federal Modern Award);
3. NHVR (Operational and On-road Regulatory Compliance) Enterprise Agreement 2020 – 2024 (the current Enterprise Agreement that covers the non-transitioned employees); and
4. CPSU NSW NHVR members’ Log of Claims.

Consequently, many rights and conditions will change – for the better – but this will not be a straight-forward task.

Process and planning

The CPSU NSW will liaise with its federal counterparts to discuss the timeline and organising of forums to discuss the best approach with the NHVR.

The CPSU NSW NHVR members’ claims are likely to sit separate to other states, depending on what common elements in the new EA can be agreed to.

Preliminary timeline

September 2023

• Advisory Group training on the EA
• NHVR NSW Delegates Training for WHS and the EA

October 2023

• Survey sent to all CPSU NSW NHVR members

November 2023–January 2024

• Preliminary planning and formulation of Log of Claims
• Member-only surveys released

February 2024

• Anticipated Notice of Employee Representational Rights (NERR) issued by NHVR

April 2024 onwards

• Replacement EA negotiations commence with NHVR
• Preparation for any Protected Action Ballot where required

All-member meetings

The CPSU NSW will hold numerous all members meetings throughout the year in the lead up to the commencement of Enterprise Agreement Bargaining.

We will continually update members and invite them to contact us with any inquiries.

Yours in union,
CPSU NSW NHVR Advisory Group and Bargaining Team,

Tim Smith Delegate
Ian Braithwaite Organiser
Michael Cope Industrial Officer

Community and Public Sector Union (NSW Branch)

What can you do?

• Give a copy of this bulletin to your colleagues.
• Print this bulletin and put it up on your notice board.
• Ask a colleague to join the CPSU NSW
• Get involved as your Area Contact
• Become a CPSU Delegate
• Not a member? join online at www.cpsunsw.org.au/join