QR LIMITED TRAINCREW UNION COLLECTIVE WORKPLACE AGREEMENT 2009 – DISPUTES UPDATE #15

12 May 2010

Bluff decision – What does it mean?

QR can roster a maximum of 320 ordinary hours in an 8 week cycle.  However, available shifts do not have to align to shift lengths in the CTP and can therefore be used to exceed the ordinary hours.

Available shifts are rostered for purposes as required on a daily basis so QR cannot issue an 8 week roster incorporating an average over 320. The number of rostered hours in a roster cycle can exceed 320 hours, however, taking into account the daily roster and delays that require an extension under cl. 56.2.2 to work a train home. This will not be apparent until the end of the roster cycle when the hours are banked.   This is in line with the Commissioner’s statement that the hours counted must be the actual hours worked.

In rostering over the ordinary hours of work by using available shifts QR must take fatigue management into account and cl. 55.1 will also operate so that, for example a two driver operation will not exceed  a limitation of 12 hours.

Technically the hours worked outside of ordinary hours in a roster cycle - other than BLPs and SLPs  - are excess hours but these are not reconciled until the end of the year and it is the hours worked in excess of 2080 that attract overtime.

There are limitations on rostering

·         No more than 45 shifts/8 week roster cycle 52.3

·         Limitation of hours is the rostered shift length 56.2.1

·         Limitation of hours can be extended under 56.2.2 by one hour up to a limit of 12 hours

·         The allocation of known workings must ensure that business, employee and occupational needs are balanced – cl. 66.1.

·         The master diagram must be constructed using the fatigue management system (FAID) cl. 66.3.

·         Changes to the master diagram in the preparation of the daily roster are risk managed cl. 66.3.

An attendance review process is established by cl. 67.6 to ensure the number of attendances per roster cycle is as close as possible to 320 hours.

An employee can work more or less than 320 hours in an 8 week cycle but the maximum ordinary hours worked in an 8 week cycle is 320.

There are restrictions on set shifts

No restriction to 3 operational shift lengths exists in the agreement. 

Rostering is to predominantly be in set shifts and train specific rostering can be used where it is necessary to meet an operational need.

The only operational requirements shift that is not rostered as a set shift is a training and awareness shift cl. 66.4.2

The restrictions on set shifts are:

·         Set shift lengths align to the CTP

·         Each set shift length is between 8 and 12 hours

·         Set shift lengths are in no less than half hourly increments

Each depot is to be rostered a local shift length of between 8 and 9 hours - cl. 66.4.1

QR not limited to rostering available shifts in line with CTP

QR does not have to align available shifts with the shift lengths in the CTP.

When a shift is available the daily roster can be adjusted according to the purpose that arises on the day or can be extended by cl. 56.2.2 to get a train home.

There is no definition of “available shift” in the agreement however the definition of “available in cl. 12 is that specific shift duration will be allocated to the period of time that is “available” for the purpose.

The AFULE’s position on this is that the purpose is not known until the day the available shift is to be worked so it cannot be rostered in advance into the 8 week roster cycle.  

Operational requirements shifts must align to the CTP

Operational requirements shifts in QRNational Coal must align to the CTP.  cl 66.4.1.

The limitation of hours for operational requirements shifts is the shift length.   cl 56.1.

Any shift rostered to meet a specific operational need is also an operational requirements shift. Cl 66.4.1.

Available shift lengths to be rostered within ordinary hours

Shifts rostered on available days must be counted when averaging the 320 ordinary hours per 8 week roster cycle.

It is the actual duration of the shift and not a nominal duration that may have been assigned to available days for the purpose of calculating fatigue management scores or the counting of hours for the master diagram.  Scores are done on a daily basis. 

Shifts rostered on available days are also subject to other parts of the agreement relating to limitation of hours, for example a TDO cannot go above 12 hours – cl 55.1.

Where an employee is rostered to work an available shift and this means the employee is working more than 320 hours in an 8 week roster cycle then the hours above 320 are excess hours and - unless they are worked on a BLP or SLP - those hours are subject to cl 54.1.

Excess hours are reconciled on a yearly basis not fortnightly.

Rostering shifts during available periods at Bluff depot

The distinction between rostering and non rostering delays is not relevant.  It is open to QR to roster employees in available periods to address circumstances like weather related track conditions.

However it is also open to QR to amend the master diagram at Bluff in light of the weather related conditions – especially when they are occurring regularly and the problems arising out of them can thus be planned for.

Most relevantly Commissioner Asbury maintained:

“In my view, consideration should be given to the circumstances at Bluff and whether the CTP and the master diagram should be amended to reflect those circumstances.”

[see paragraph 121 of the decision, p. 26].

The Commissioner refrained from giving orders but emphasized that, in light of the fact that master diagrams can be amended, it would  be prudent to consider whether it could be done without going through the process in cl. 67.1.  

Decision and transcripts available on the AFULE website

The Bluff decision and the transcripts of the hearing have been posted on the AFULE website under the Industrial Menu tag on the Home Page.   http://www.afule.org.au/home

The transcript is in two parts as the hearing took place in two sittings. 

If you have any queries in relation to this matter, please don’t hesitate to contact the State Office on (07) 3257 1151 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Yours fraternally,

GREG SMITH

STATE SECRETARY