QR LIMITED TRAINCREW UNION COLLECTIVE WORKPLACE AGREEMENT 2009 – DISPUTES UPDATE #5

9 February 2010

Dear Traincrew,

Please find below update on all the current disputes on the QR Limited Traincrew Union Collective Workplace Agreement 2009 (the “Agreement”):

• Townsville Master Diagram

A Step 3 notice of dispute was lodged in accordance with Clause 39.3 of the Agreement with respect to the amount of BLP’s on weekends. The AFULE requested 2 more weekends as BLP’s.

The AFULE, RTBU and QR met on Wednesday 3 February 2010 with respect to this matter. The parties agreed to put 2 weekends back into the master diagram for a trial. The trial will be for an 8 week period and the parties will meet again after the trial to evaluate the master diagram and decide whether to keep the diagram permanently.

• DOO shift length

As a result of lodging a Step 4 Application of Dispute in Fair Work Australia, it was agreed that DOO shift lengths are 9hrs sign on to sign off inclusive of spare travel. It was agreed that a Local Instruction would be drafted and distributed to all relevant personnel clearly articulating this. Further, it was agreed that a Limitation of Hours’ Breaches process be developed in accordance with Clause 56.1 of the Agreement.

The AFULE is now in receipt of an agreed Local Instruction and an agreed Limitation of Hours’ Breaches process. Please find attached. This dispute is now finalised.

• Restriction on car driving

As per our previous Disputes Update, the AFULE, RTBU and QR attended a second conciliation conference at Fair Work Australia on 3 February 2010 with respect to Clause 82.4.1 of the Agreement.

The Commissioner requested the unions consider QR’s offer to resolve the matter and consider making any counter proposals. This is because Fair Work Australia believe that if the matter was progressed to arbitration, the outcome could go either way. The Commissioner requested we provide a response to QR by cob Friday 5 February 2010.

After discussing the matter with your representatives, the combined unions provided QR with a counter proposal that traincrew will have a maximum of 2.5 hrs travel time between the hours of 2200 and 0600. QR is yet to respond to this offer.

The parties are due to appear again in Fair Work Australia on Friday 12 February 2010.

• Sign on/sign off dispute – Freight only

A Step 3 notice of dispute was lodged in accordance with Clause 39.3 of the Agreement with respect to a direction from QR Regional Freight to have their timesheets signed and authorised by their coordinator. Further, the sign off point was changed from the quarters to the coordinators office. This meant that the travel time between the quarters and station/depot was no longer going to be paid under this new direction.

QR Regional Freight agreed to travel time allowances between the depot/station and the quarters to be written in an LOP. The draft LOP’s were provided to the parties and the parties provided feedback.

QR Regional Freight have responded to our feedback and provided amended LOP’s. The AFULE have provided the amended LOP’s to local representatives for further feedback.

• Use of AFD Window’s

The AFULE lodged a Step 3 Notice of Dispute with respect to the use of AFD Windows. In particular, roster has advised traincrew that an AFD Window is a working and as such, they can alter the windows. Roster has also advised traincrew that AFD Windows are not a working and as such, traincrew cannot refuse a working in their AFD Window if it impacts on their next AFD Window. QR was attempting to have two bites of the cherry.

The AFULE met with QR yesterday Monday 8 February 2009 and agreed on the following:

1.  AFD Windows are not a working;
2. AFD Windows cannot be cancelled, altered or deferred. However, if an employee works a working whereby he/she has not had the appropriate lay off (12hrs) before the commencement of their window, they will not be requested to attend for duty until they have had their full layoff.  Roster can still contact an employee during their call time. For example, John Smith is rostered an AFD Window from 1000hrs – 1400hrs. His previous working does not allow him to have the 12hrs layoff until 1200hrs. John’s window now becomes 1200hrs – 1400hrs.
3. As an AFD Window is not a working, employees cannot refuse a working in an AFD Window if it impacts on their next AFD Window.

The AFULE also provided QR with a draft AFD Windows Procedures that would address the concerns raised to date with respect to AFD Windows. QR is in the process of considering our draft procedures.

• Tuition Shift Lengths – Coal only

As mentioned in a previous Disputes Update, the AFULE lodged a Step 4 Application of Dispute and attended a conciliation conference on Wednesday 27 January 2010 and the outcome was that QR was going away to seek instructions.

At a conciliation conference on Wednesday 3 February 2010, the Commissioner requested QR respond to the combined unions with respect to this matter and arranged a further conciliation conference for Friday 12 February 2010.

• Payment of BLP’s on rostered set shifts – Coal only

As per our previous Disputes Update, a conciliation conference has been listed for Tuesday 16 February 2010.

• LOH’s Breaches in Callemondah and Bluff

The AFULE lodged a Step 3 Notice of Dispute on Tuesday 2 February 2010 in accordance with Clause 39.3 of the Agreement with respect to Callemondah and Bluff traincrew consistently breaching their limitation of hours. The major concern is that SDS is not prioritising relief for traincrew.

The AFULE will advise you of the outcome in the next Disputes Update.

• Retirement Allowance for RailSuper employees

QR has advised that employees in the RailSuper fund who pay voluntary employee contributions will waive their entitlement to retirement allowance.

During the negotiations, the parties agreed for employees to pay mandatory superannuation contributions in accordance with a phase in model and in return, QR Limited would also increase their superannuation contributions to 12.75% in accordance with the phase in model.

The AFULE raised concerns during the negotiations that employees in Non-Contributory Accumulation Category (Rail Super) were never obliged to make voluntary contributions and as such, we negotiated for employee contributions to remain optional.

QR Limited agreed for employee superannuation contributions for Rail Super employees to be optional. However, employees would receive only 10% employer contributions unless they made employee contributions in accordance with the phase in model.  

The parties never agreed for the retirement allowance to be voided if Rail Super employees decided to pay employee contributions and receive an increase in employer contributions as a result.

Further, the only triggers in accordance with Clause 45 of the Agreement for an employee to be entitled to the retirement allowance is they must be members of the non-contributory accumulation fund as of 1 February 1995, who retire with 10 or more years service and who have not joined either the QSuper comprehensive accumulation category or defined benefits category.

There is nothing in the Agreement which states or infers that Rail Super employees will not be entitled to the retirement allowance if they decided to pay employee contributions and receive an increase in employer contributions as a result. 

The AFULE has lodged a Step 3 Notice of Dispute with respect to this matter.

As mentioned in previous Disputes Updates, the AFULE compiled a list of outstanding issues with the Agreement and provided to QR. The AFULE requested a meeting with QR and the combined unions with a view of resolving this matter. QR has responded and advised that they are willing to schedule a meeting and ensure they have QR personnel in attendance with decision making authority. The parties are now in the process of working out the particulars of the meeting such as an agreed date, who will be in attendance and whether QR will agree to have Commissioner Asbury conciliate the meeting. The AFULE will advise you of the particulars of this meeting in our next Disputes Update.

The AFULE State Office will send out a Dispute Update with the progress of the above mentioned disputes and any news disputes shortly.  

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