QR LIMITED TRAINCREW UNION COLLECTIVE WORKPLACE AGREEMENT 2009–DISPUTES UPDATE #8 

24 February 2010

Dear Traincrew,

• Tuition Shifts - Coal

As discussed in previous Disputes Updates, the AFULE lodged an application in Fair Work Australia with respect to QRNational Coal’s contention that they can forcefully extend tuition shift lengths to 11hrs if there is delay en-route in order for the crew to work the train to the home depot in accordance with Clause 56.2.2 of the Agreement.

The AFULE contends that Clause 57.1 of the Agreement clearly states that tuition shifts can only be extended to 11hrs at the discretion of the tutor driver based on the trainees’ progress. The AFULE’s main concern is that trainees may not be at the competent level to be working 11hr shifts and if they are forced to extend the shift to 11hrs in accordance with Clause 56.2.2 and have a safety related breach, both the trainee and tutor driver may face disciplinary action.

QR advised that their concern is that if they agree with the AFULE’s interpretation, tutor drivers may utilise this discretion to constantly work 10hr shifts regardless of whether the trainee is competent or not. QR contends that this would have an adverse affect on the use of relief crews.

The AFULE proposed to QR that Clause 57.1, that being that the increase of tuition shift length increasing from 10hrs to 11hrs be at the tutor drivers discretion based on the trainees progress, be read as precedent over Clause 56.2.2. However, Clause 57.1 also states that the Company will monitor this. Therefore, the AFULE proposed that local management and tutor drivers sit down and draft procedures on how this clause will be monitored.

For example, when a trainee has been training for a certain amount of weeks or has a certain amount of competencies signed, a trainee will commence working shift lengths of 11hrs inclusive of situations arising in Clause 56.2.2. If a tutor driver is concerned that a trainee has reached the agreed training weeks or competencies but is still not qualified to work 11hr shifts, then the parties agree on a process on how this matter will be progressed.

QR has advised that they will be organising meetings with tutor drivers to discuss whether they can agree on procedures on how Clause 57.1 of the Agreement will be monitored. If tutor drivers and local management can agree on procedures, the matter will be resolved.

• Limitation of Hours Breaches Committees – Coal North

The AFULE advised QRNational Coal that Coal North does not have a Limitation of Hours’ Process as specified in Clause 56.1 of the Agreement. The AFULE further advised that in light of numerous limitation of hours breaches, it is critical for Coal North to develop a process. The AFULE provided Coal North with the agreed Coal South Limitation of Hours Breaches Process and the agreed QR Regional Freight Limitation of Hours Breaches Process. Coal North has agreed to adopt the process already established in Coal South.

Coal North will be organising Limitation of Hours Breaches Committees similar to those already established in Coal South and will be requesting expression of interests for workers representatives to participate on the committees.

Once the committees are established, they will meet on a monthly basis to assess the previous months’ breaches. All committee members will have access to the limitation of hours’ breaches reports which details why the breach occurred and whether it was avoidable. The committee will also be able to provide recommendations on how to prevent further breaches of a similar nature. If the parties are still in dispute, the parties are able to progress the matter in accordance with Clause 39 Resolving Disputes About This Agreement of the Agreement.  

• Meeting to discuss List of Outstanding Issues

A meeting time and date has now been set for QR and the combined unions to sit down and discuss the List of Outstanding Issues. The meeting will occur on Wednesday 10 March 2010 at Mackay.

The AFULE State Office will keep you informed of both matters in the next Disputes Update.

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