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57-09
Limitation of Hours Breaches.
CIRCULAR: 57-09 Ref: Limitation of Hours Breaches
23 September 2009
Dear Traincrew,
LIMITATION OF HOURS BREACHES
The AFULE State Office has received phone calls from members advising that they are experiencing limitation of hours breaches and are concerned that this has become the norm.
It is crucial that members follow the below steps after your limitation of hours breach:
1. Lodge a limitation of hours breach form with your relevant supervisor – how can we provide examples of limitation of hours breaches if there is no written record of the breach?
2. Provide a copy of your completed limitation of hours breach form to your local representative to collate – how can we approach management and state that limitation of hours breaches are continually occurring if we do not have copies of the written records to reference?
3. If unavoidable limitation of hours breaches are consistently occurring in your depot, your local representative (or if the process is escalated, the State Office) will raise the issue in accordance with the appropriate process.
Limitation of Hours Breaches Process
Limitation of hours breaches was a significant concern going into the QR Limited Traincrew Union Collective Agreement 2009 (the “Agreement”) negotiations. As such, the AFULE negotiated for a provision in the Agreement that would ensure the parties develop a process for dealing with limitation of hours breaches.
Relevantly, Clause 56.1 of the Agreement states that within 6mths of the Agreement commencing, the parties shall establish a process of monitoring and addressing limitation of hours breaches.
So what does that mean?
It means that your local representatives and local management will sit down by the end of December and develop a process which will deal with limitation of hours breaches. Further, Clause 56.1 of the Agreement states that if any issue is not resolved in the process, then the matter can be progressed in accordance with Clause 39 of the Agreement which ultimately allows the AFULE to go to Fair Work Australia for conciliation and if the matter is still not resolved, arbitration.
If you have any queries in relation to this matter, please don’t hesitate to contact the AFULE 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