QR LIMITED TRAINCREW UNION COLLECTIVE WORKPLACE AGREEMENT 2009 – DISPUTES UPDATE #3

3 February 2010

Dear Traincrew,

The AFULE State Office attended Fair Work Australia (“FWA”) today with respect to the interpretation of Clause 82.4.1 of the QR Limited Traincrew Union Collective Workplace Agreement 2009 (the “Agreement”). Please see Disputes Update #2 for further information.

QR advised the Commissioner of FWA of their offer to limit the travelling of traincrew between the hours of 2200 and 0600 to 2hrs. The Commissioner asked both the AFULE and RTBU of our response.

The RTBU advised that the intent of the parties at the time of making the agreement was for the total travelling time in a motor vehicle between the hours of 2200 and 0600 would be limited to 2hrs. The RTBU advised that they have members who are Freight Operators who perform car driving duties and that if traincrew increased their car driving duties, this could diminish the need for Freight Operators to perform car driving duties and may adversely affect the job security of Freight Operators – especially those on fixed term contracts. The RTBU advised that the proposal made by QR adversely affects their traincrew members and Freight Operator members and as such, their intention would be to progress the matter to arbitration.

The AFULE was asked their response to the proposal made by QR. The AFULE advised that we considered the proposal made by QR and declined the offer of 4hrs. The AFULE further advised that we sent a letter addressed to Marcus McAuliffe and Neil Backer with an attached 10 page list of outstanding issues. We received a response from QR advising that they would reply to our request for a meeting by cob Friday 5 February 2010. The AFULE advised that we are more than willing to conciliate further on this matter and the other issues provided to QR. The AFULE advised the Commissioner and QR that if the RTBU progresses the matter to arbitration, the AFULE will be a party to an arbitration hearing as our members would be bound by the arbitrated outcome. The AFULE made it clear that its preference would be to conciliate further on this matter and if we cannot reach a satisfactory outcome, then we would consider progressing the matter to arbitration.

The outcome of the conciliation conference was the following:

• The Commissioner requested both unions genuinely consider the proposal made by QR and consider whether we make any counter-proposals prior to progressing the matter to arbitration. The Commissioner advised that she provides this recommendation as Clause 82.4.1 of the Agreement is ambiguous and an arbitrated outcome could go either way;
• Both unions respond to QR’s offer by cob Friday 5 February 2010;
• A further conciliation conference has been set for Friday 12 February 2010 to discuss this dispute and the dispute regarding shift lengths for tuition shifts;
• QR is to respond to the AFULE’s request for a meeting by cob Friday 5 February 2010;
• The Commissioner has set aside a whole day (3 March 2010) to conciliate on all the issues raised by the AFULE should the parties agree on a meeting and agree for FWA to conciliate. The Commissioner is happy to set aside another day in the following week if the parties agree on a meeting.

To that end, the AFULE will be having a teleconference late tomorrow afternoon with all divisional councillors to discuss the proposal made by QR. 

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,

TAMMY AITKEN

INDUSTRIAL OFFICER