INITIATION OF BARGAINING FOR COLLECTIVE AGREEMENT

Employment Relations Act 2000, Sections 42 and 45

To:United Group Rail

PO Box 22430

Otahuhu Auckland

CC:Toll NZ Consolidated LtdConnex Auckland

Private Bag 92 138P.O. Box 1824

Auckland Mail CentreAuckland

The Rail and Maritime Transport Union Inc hereby initiates bargaining with United Group Rail for a collective agreement, namely for United Group Rail to become a party to the current Multi-Employer Toll, Connex and RMTU Collective Agreement 2005-2008

  1. The intended parties to the collective agreement are:

Union party:Rail and Maritime Transport Union Inc

Employer parties:United Group Rail Limited, Toll NZ Consolidated Ltd; and,

Connex Auckland Ltd

  1. The intended coverage of the collective agreement is:

This collective agreement applies to all employees of United Group Rail Limited, Toll NZ Consolidated Ltd and Connex Auckland Ltd who are members of the Rail & Maritime Transport Union and all agency casual or temporary employees working within Toll NZ Consolidated Ltd and Connex Auckland Ltd worksites except for the following;

  • Managerial positions above MR level 23 responsible for recommending and/or approving appointments and dismissals which would otherwise come under the provisions of scale 1; and,
  • Sales, Policy or Executive Support functions; and,
  • Sea-going Maritime Employees; and,
  • Employees of Tranz link International.
  1. The union also advises that this initiation is supported by a ballot of its members who work for United Group Rail. The results of the ballot and a copy of the ballot paper is attached as Appendix 1.

If there is anything about this notice which you believe is contrary to the requirements of the Act, or which otherwise would make the initiation of bargaining ineffective, please advise the union promptly. Failure to do so will be regarded as acceptance that bargaining has been properly initiated by this notice.

Contact Details:Until further notice any contact with the union relating to the bargaining initiated by this notice should be made to:

Wayne Butson

General Secretary

Rail and Maritime Transport Union Inc

P.O Box 1103

WELLINGTON.

Date of Notice:28 March 2005

Signed for the Rail and Maritime Transport Union Inc by its duly authorised representative

…………………………………………….

W Butson

General Secretary

APPENDIX 1

Section 45 ballots

(a)Question put to ballot

Are you in favour of the RMTU bargaining with United Group Rail Limited for it to join the existing collective agreement with Toll NZ Consolidated Ltd and Connex Auckland Ltd.

(b)Results of ballots

United Group Rail Limited

Number of employees of that employer who are within the coverage clause and who are members of the union: 386

Number of members who voted:173

Number of members who voted in favour of bargaining for a single collective

agreement:160

Secret Ballot For The Initiation Of Bargaining With United Group Rail Limited To Join The Existing Multi Employer Collective Agreement Covering Toll NZ Consolidated Ltd and Connex Auckland Ltd

ARE YOU IN FAVOUR OF THE RMTU BARGAINING WITH UNITED GROUP RAIL LIMITED FOR IT TO JOIN THE EXISTING COLLECTIVE AGREEMENT WITH TOLL NZ CONSOLIDATED LIMITED AND CONNEX AUCKLAND LIMITED?

YES

NO

TO VOTE: PLEASE indicate your preference by marking your choice with a tick ()

THIS BALLOT PAPER MUST BE RETURNED IN THE REPLY PAID ENVELOPE PROVIDED, SO THAT IT IS RECEIVED NO LATER THAN 0900HRS MONDAY 27 MARCH 2006 TO;

THE NATIONAL RETURNING OFFICER

P.O. 1103

WELLINGTON

This ballot is conducted in accordance with Rule 42.