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QR LIMITED TRAINCREW UNION COLLECTIVE WORKPLACE AGREEMENT 2009 – DISPUTES UPDATE #9

26 March 2010

Dear Traincrew,

As discussed in previous Disputes Update’s, the AFULE provided QR with a list of outstanding issues of the QR Limited Traincrew Union Collective Workplace Agreement 2009. The AFULE negotiators attended a meeting on Wednesday 10 March 2010 with QR.

The AFULE Divisional Council met today and went through the outcome of all issues discussed at the meeting on Wednesday 10 March 2010. The outcome is as follows:

Clause #	Issue of concern	Outcome
Coal specific issues
69.3 & 51.19	QR Coal advised that traincrew are not entitled to a “brought forward” credit to annualised hours in accordance with Clause 51.19	The Agreement does not provide payment for altered workings for coal traincrew.
66.4.1 – raised in Callemondah	QR Coal rostering for train specific and then OR. For example, a 12hr shift might comprise of 8hr train specific and then 4hr OR	Coal advised that this should not be happening. Divisional Councillor Warren Hinds to check whether this is still occurring. If it is, Warren will lodge a Step 2 Notice of Dispute.
66.3	QR Coal have not provided their fatigue policy to employees	QR Coal has committed to providing the fatigue policy to local representatives.
89 – Jilalan issue	RMD staff driving over points without any consultation, procedures being developed, training being undertaken, radio channels allocated, etc	Management will meet with local representatives to start the consultative process.
51.14 & 66.4.3	QR Coal advised if an employee works a set shift on a BLP and they are signed off early, they will only be paid at 175% for the hours they have worked.	The parties agreed for a minimum payment of 8hrs to be paid at 175% for work on a BLP. If traincrew are signed off early, they will have the greater of 8hrs or the hours they worked paid at 175%. This matter was lodged in Fair Work Australia (“FWA”). As the matter has now been resolved, a notice of discontinuance will be lodged.
88.3	QR Coal has recently created Traincrew Supervisor positions. QR Coal advised that the Supervisors can work as part of a crew. The main concern from members is that Traincrew Supervisors may be utilised to drive trains on their BLP’s instead of traincrew.	QR Coal has agreed to draft procedures around the concerns raised by the AFULE. QR Coal to provide draft procedures to the AFULE and RTBU to view.
56.2.2 & 57.1	QR Coal contends that they can direct tuition shifts to extend to 11hrs if there is a delay en-route in order to work the train home. The AFULE contends Clause 57.1 of the agreement takes precedent, and that it will be at the tutor drivers discretion based on the trainees progress.	The AFULE, in consultation with tutor drivers, have drafted a proposal to resolve the matter. The AFULE is awaiting a response from QR with respect to this matter.
Freight specific issues
51.19	QR Freight rostering employees as second man on a DOO shift as ATP failed. When reporting for duty, employee advised that the problem was fixed and they would be working a TDO shift – hence, longer shift. Concern around work/family balance.	QR Freight committed to discussing procedures with SDS with respect to second person on DOO shifts when ATP fail. QR Freight agreed that shift lengths should not be altered once signed on.
66.5, 3^rd dot point	QR Freight is altering local and shunt shifts. For example, a member was rostered a 9hr local. He was contacted and advised that his local working had been altered and he would be working a tuckerbox job. AFULE contend that 3^rd dot point of Clause 66.5 states local and shunt shifts will be set shifts. As employees do not work a train on local and shunt shifts, there is no reason why roster would need to alter the shift as there is no on-time performance of a train.	QR Freight committed to investigating the matter however required the actual particulars of the incident. The AFULE to provide QR Freight with particulars of incident.
35	Traincrew directed to perform traincrew duties including shunting	In accordance with Clause 35, QR can direct staff to perform certain tasks provided they are skilled, competent and trained to do so.
Rockhampton walkways to Quarters	Foreign crew have been directed to walk to the quarters. The AFULE is concerned that the walkway to the quarters are not safe.	QR Freight have committed to having a vehicle drive traincrew to and from the quarters until the walkway is fixed. The AFULE have requested the walkway to the quarters to be bitumen and have safety lines similar to the walkway to the diesel shed.
Removal of Shed Men in Rockhampton depot	QR removing shed traincrew in Rockhampton depot and has directed traincrew to prepare locomotives.	QR Freight has advised that there has been no decision made with respect to the removal of shed men. QR Freight committed to consulting with the unions should they wish to remove shed men.
Both Coal and Freight issues
36.8	No consultative committee has been set up.	QR committed to a consultative committee meeting every 12mths. Clause 36.8 of the agreement states the consultative committee will meet at regular intervals. The AFULE contend that every 12mths is not regular intervals. The AFULE will be lodging a Step 3 Notice of Dispute.
68.3	Excessive use of AFD Windows	In order for the AFULE State Office to progress this issue further, we need to be provided with the following: · Roster showing the excessive use of AFD Windows · How many of the AFD Windows were not utilised? If any depots are concerned that AFD Windows are being rostered excessively, could you please provide the above information and the AFULE will progress the matter further.
56.1	Not all depots have a Limitation of Hours’ Breaches process	QRNational Coal North has agreed on a LOH Breach process and are in the process of meeting with local representatives to start the committees. QR Freight has a process agreed to however are yet to set up committees. AFULE State Office will discuss with QR Freight and request committees be set up as a matter of priority.
69.5	Rosters are not always posted by 1500hrs	QR has advised to let them know when this has not occurred and they will rectify the situation. Local representatives to advise local management if roster not posted by 1500hrs.
Use of route tutors	Comments made by QR management that drivers will be forcefully utilised as route tutors	QR advised that no driver will be forcefully appointed to a route tutor position.
58 – raised in Callemondah	QR contends they can split a TDO crew and work them with another employee. For example, Driver A & B are rostered TDO and commence their shift together. 5hrs into their shift, Driver A & Driver B split up as Driver B doesn’t know the route. Driver C finishes the shift with Driver A.	QR advised that this should not be happening. If this is still occurring, local representatives need to contact your local representative with specific example for the AFULE to progress further.
82.4.1	Dispute was lodged in FWA with respect to QR’s interpretation that the 2hrs limitation on driving between 2200hrs and 0600hrs is limited to passenger not entire crew in vehicle.	This matter remained unresolved. The AFULE to request FWA progress this matter to arbitration.
51.20 – raised only in Coal	Employees are being directed to attend medicals in “their own time” – whether this is on their BLP’s or annual leave.	QR Coal is in the process of developing procedures for traincrew to be provided with sufficient notice to schedule and undertake a medical prior to their due date. QR Coal has advised that it will then be the employees’ responsibility to ensure they are medically compliant. AFULE State Office to clarify how much notice will be provided to traincrew.
24.3	Clarification of payment of annual leave for fortnightly or more periods	QR will respond to the unions with respect to this matter.
62.2.1	Are route tutors expected to consume meals en-route by rotation of drivers without stopping the train?	No, route tutors can stop the train, in accordance with the normal procedures, to have a meal.
51.17.2	Are traincrew still entitled to emergency money	There is no longer an emergency money provision in the agreement. As such, traincrew are no longer entitled to emergency money.
Union access to Trainee driver induction sessions	QR Coal previously advised that unions could only attend trainee inductions during the breaks.	QR has now advised that they would have the same access to trainee driver induction sessions as they had previously.

Since the 10 March 2010 meeting, there has been two disputes lodged in FWA in accordance with Step 4 Clause 39.3 of the QR Limited Traincrew Union Collective Workplace Agreement 2009. They are the following:

Rail Super dispute

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 contends that Clause 45 of the Agreement is clear. Employees in the Non-Contributory Accumulation fund (Rail Super) who were members of the said 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 is entitled to receive the retirement allowance if he/she retires.

The AFULE will be attending a conciliation conference before FWA on Thursday 1 April 2010.

Bluff – 11 hour shifts

QRNational Coal advised on Monday 22 March 2010 that available shifts would be rostered for 11 hours. The AFULE contends that QRNational Coal is in breach of Clause 66.4.1 of the Agreement. Relevantly, Clause 66.4.1 of the Agreement states:

“All operational (OR) shifts will be rostered as set shifts, except as set out in clauses 66.4.2 (Training and awareness). The set shifts will align to the Coal Train Plan (CTP).”

When the master diagram was developed late last year, the maximum shift length in the CTP was 10 hours. Accordingly, the maximum shift should be 10 hours as that is the maximum shift in the CTP.

In simple terms, the CTP is developed and the master diagram is align to the CTP. In the Bluff depot, they have a maximum shift length of 10 hours. In the master diagram, there are available for duty (“AFD”) in which an employee has not been rostered on a job and if there are any absences e.g. someone calls in sick, roster will telephone the employee who is on an AFD and ask them to come to work the job that needs relieving. For example,

John Smith is rostered to work train 9G16 which is a 10 hour job. John calls in sick and roster requires another train driver to work train 9G16. Roster telephone Bruce Jones who is on an AFD. Bruce comes to work and works train 9G16 for a 10 hour shift.

However, at Bluff roster are calling employees to come to work a job on their AFD and making them an 11 hour job despite the train workings in the CTP being 8, 9 and 10 hour shifts only.

The AFULE also contends that QRNational Coal is in breach of Clause 39.3 of the Agreement. The AFULE lodged a step 2 notice of dispute late Monday afternoon after step 1 of the process was exhausted Monday morning. The AFULE local representative was advised on Tuesday afternoon that QRNational Coal would be implementing the 11 hour shifts within 3 working days – therefore bypassing step 2 and step 3 of the Agreement.

The AFULE lodged a Step 3 Notice of Dispute and had a meeting via telephone on 24 March 2010. The matter remained unresolved. The AFULE received a letter from QRNational Coal advising their intention to implement 11 hour shifts within 3 working days.

The AFULE State Office lodged a Step 4 Application in FWA today.

The AFULE State Office will keep you informed of any outstanding 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

Australian Federated Union of Locomotive Employees

Traincrew Representing Traincrew

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