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63-09
Despite Members' concerns, QR ceases health failure scheme
CIRCULAR: 63-09 Ref: DESPITE MEMBERS CONCERNS, QR CEASES HEALTH FAILURE SCHEME
26 October 2009
Dear Traincrew
QR ceases the Health Failure Scheme
As you would be aware, QR sent a sugar coated News Update to all traincrew and shunters on Wednesday 21 October 2009 advising that they intend to go ahead with their proposal of withdrawing the Health Failure Scheme – an entitlement traincrew and shunters have enjoyed since 1979.
The AFULE meets with QR Corporate
The AFULE State Office attended a meeting on Friday 23 October 2009 with respect to QR’s proposal to withdraw the Health Failure Scheme. QR advised that 100% of traincrew and shunters who submitted their concerns to the proposal voiced their opposition to the abolishment of the Scheme.
Despite the concerns raised by traincrew and shunters, QR has decided to forge ahead with their decision to withdraw the Health Failure Scheme effective 30 October 2009.
The AFULE suggested that instead of withdrawing the Health Failure Scheme effective 30 October 2009, QR should consider phasing out the policy. The AFULE made a suggestion to QR to green ink the policy for existing employees’. Whilst green inking the policy is not the AFULE’s preferred option, it would mean current employees would continue to enjoy the benefits of the Health Failure Scheme.
Not only did QR flatly reject our proposal, they blatantly refused to even go away and consider it. The AFULE is once again disappointed by QR’s blasé response to traincrew’s genuine concerns.
The AFULE is concerned of the method in which QR has been consulting with employees and the rail unions. The consultation clause in your workplace agreements state that employees’, and at their election their representative, should have the opportunity to affect the outcome. The AFULE is concerned that QR consulted with a pre-determined outcome.
Can QR legally cease the Health Failure Scheme?
Unfortunately, the Health Failure Scheme is only written in policy, not in your workplace agreements. Therefore, Fair Work Australia would consider the Scheme to be an above award, above agreement entitlement – and one that QR has the ability to legally cease after consultation.
The AFULE bargained for all relevant policies such as the Health Failure Scheme to be included in your workplace agreements however QR blatantly refused to come to the table over this issue.
If you have any enquiries in relation to this matter, please contact the State Office on either This e-mail address is being protected from spambots. You need JavaScript enabled to view it or (07) 3257 1151.
This is for your information.
Yours fraternally
GREG SMITH
STATE SECRETARY