QR LIMITED TRAINCREW UNION COLLECTIVE WORKPLACE AGREEMENT 2009 – Limitation of Hours Breaches

12 May 2010

Limitation of hours and Clause 56.2.2 of the Agreement

QRNational Coal Traincrew are experiencing regular breaches of their Limitation of Hours. The AFULE is meeting with Maurice Blackburn Lawyers on Tuesday 18 May to discuss the best way to deal with this issue.

The State Office is informed that Logistics are regularly using the extra hour provided for under clause 52.2 of the Traincrew Agreement to extend hours.

THE CLAUSE:

“56.2.1 Notwithstanding the above table in clause 55.1, in the case of operational requirements shifts (howsoever called) the limitation of hours is the rostered shift length. The Company will plan to have employees signed off within their rostered shift length, and must make all efforts to ensure this occurs.

56.2.2 However, where delays prevent the crew from being signed off within their rostered shift length, the limitation of hours can be extended by one hour in order for the crew to work the train through to the home depot provided the shift length does not exceed 12 hours.

56.2.3 This additional 1 hour must not impact on the employee’s next rostered working.”

WHAT QR HAS SAID ABOUT THE OPERATION OF CLAUSE 56.2.2

At the proceedings for the Bluff dispute Workplace Relations Manager, Mick Heenan and Employee Relations Manager, Paul Lucas, had the following to say about the use of cl. 56.2.2:

Mick Heenan, in putting QRNational Coal’s case to the Tribunal:

THE COMMISSIONER:   But QR is not seeking to say that 56.2 can be used where there is a delay that's gone on for some time that you know about in advance.

PN1 

MR HEENAN:   No, Commissioner, not at all.  That much is clear, as I say, from 56.2.2 read together with 69.4...

Under oath Paul Lucas responded to the following questions:

So the delays which prevent the crew being signed off which are referred to in clause 56.2.2, your evidence then is the parties intended those to be delays that arose on the day of operation?---

Paul Lucas: Yes.  56.2 is about the day of operation.

PN2 

So not delays that existed in the system before the commencement of that day's operations?---

Paul Lucas: Precisely what do you mean by that?

PN3 

Can you tell the commission what sort of delays you would typically envisage arising on the day of operations?---

Paul Lucas: Delay in loading a train, potential delay in relief arriving for a driver for them to commence the job to start with.

PN4 

Not track delays?---

Paul Lucas: It wasn't envisaged that it would be track delays, but sometimes those things do occur.  There would be a signal failure that's repaired quickly.  Those sorts of things are what we would fit into - what I understood that we would fit into that particular arrangement.  However, if there's a wash-out and there's on trains running, then clearly that's not what that was intended for.

PN5 

Based upon your involvement in negotiations, your evidence then is that the extension in 56.2.2 can only be used in order for the crew to work the train through the home depot?---

Paul Lucas: Through to their home depot.

WHAT DOES THIS MEAN?

·         The delay cannot be ongoing;

·         the delay must arise on the day of operation (in accord with 69.4);

·         the shift can be extended by one hour only;

·         this can only be done if the one hour will allow the train to be worked through to the home depot; and

·         the shift cannot extend beyond 12 hours. 

Logistics cannot use cl. 56.2.2 to address delays that do not arise on the day of the shift that they are seeking to extend.

Logistics cannot use cl. 56.2.2 to get you closer to the home depot.

If the train cannot be worked home by using the extra hour then the extra hour cannot be used and you must be relieved within your shift limitation of hours.

If, by using the extra hour, your shift will extend beyond 12 hours then you must be relieved within your limitation of hours.

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