QR LIMITED TRAINCREW UNION COLLECTIVE WORKPLACE AGREEMENT 2009 – DISPUTES UPDATE #10

9 April 2010

It has been a busy week for the AFULE as we have spent the majority of the week in Fair Work Australia with respect to our outstanding disputes. Please see below update on outstanding disputes.

Update on disputes in Fair Work Australia:

Restriction of car driving between the hours of 2200 and 0600

As discussed in previous Disputes Updates, the AFULE is currently before Fair Work Australia with respect to the interpretation of Clause 82.4.1 Restriction on hours of the Agreement.

QR contends that they can request each employee drive 2hrs each between the hours of 2200 and 0600. For example, if there are three traincrew in the vehicle, QR contends that Driver A can drive for 2hrs, then Driver B can drive for 2hrs and then Driver C can drive for 2hrs.

The AFULE contends that the maximum of driving between the hours of 2200 and 0600 is a total of 2hrs. For example, the maximum driving to be done between the hours of 2200 and 0600 is 2hrs regardless of how many employees are in the car.

After extensive conciliation, the parties have been unable to reach a resolution. Accordingly, the AFULE has requested the dispute progress to arbitration.

The arbitration hearing has been set for Tuesday 1 and Wednesday 2 June 2010.

Tuition shift lengths – Coal only issue

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.

After extensive conciliation, the parties have been unable to reach a resolution. Accordingly, the AFULE has requested the dispute progress to arbitration.

The arbitration hearing has been set for Wednesday 5 and Thursday 6 May 2010.

Retirement Allowance for RailSuper employees

As discussed in previous Disputes Updates, the AFULE lodged an application in Fair Work Australia with respect to QR’s contention that if RailSuper employees paid mandatory superannuation contributions in accordance with the phase in model, they would lose their entitlement to the 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.

The AFULE attended a conciliation conference this morning however the matter remained unsolved. Accordingly, the AFULE requested the matter progress to arbitration.

A directions hearing has been set for Friday 23 April 2010 to determine the arbitration question, the date to file documentation and the arbitration hearing date.

Bluff 11 hour shift dispute – Coal only

As discussed in previous Disputes Updates, the AFULE lodged an application in Fair Work Australia with respect to QRNational Coal rostering Bluff employees on 11 hour shifts in the daily roster despite the maximum shift length in the master diagram and Coal Train Plan (the “CTP”) being a 10 hour shift.

QRNational Coal contends that they can work anyone up to 12hrs on the daily roster regardless of the CTP. QR contends they only have to align the CTP to the master diagram – not the daily roster.

The parties attended a conciliation conference on Wednesday however the matter remained unresolved.

An arbitration hearing has been set for Monday 19 April 2010.

Update on disputes at Step 3:

Traincrew Agreement Consultative Committee only meeting 12mths

At the meeting on 10 March 2010, the AFULE requested for the Traincrew Agreement Consultative Committee be established in accordance with Clause 36.8 of the Agreement. QR agreed for the Committee to be set up however the meetings would only occur annually.

The Agreement states that the Committee will be established to review the implementation of the Agreement at regular intervals. The AFULE does not consider annual meetings regular.

The AFULE has lodged a Step 3 Notice of Dispute with respect to this matter. We are awaiting a response from QR.

Coal North Balloon Loop

As discussed in previous Disputes Updates, the AFULE lodged a Step 3 Notice of Dispute with respect to the Manager Operations Update: Balloon Loop Crewing Configurations dated 1 February 2010 directs employees to drive TDO to a particular mine where only one of the drivers is route qualified for the balloon loop. The Update advises that the route competent driver would drive the train whilst it was on the balloon loop and the non-route qualified driver would perform DA responsibilities.

The AFULE considers this directive to contravene various clauses in the Agreement. Specifically, Clause 55.1 of the Agreement states that Two Driver Operations involves two fully qualified drivers. Further, Clause 82.1.2 of the Agreement states that all operating employees on the locomotive will work as a team and equitably share all duties, including driving time. Clause 93.1 of the Agreement defines Two Driver Operations as the operation of a train by two qualified locomotive drivers who share both the driving and operational responsibilities.

The AFULE contends that the direction from QR via the Manager Operations Update contravenes the above mentioned clauses as both drivers will not be sharing both the driving and operational duties whilst on the balloon loop.

QRNational Coal has advised that at this stage, they have no intention on implementing the above mentioned direction. If they do, they will give the 3 days notice in which we will have the option of progressing the dispute further e.g. lodge an Application in Fair Work Australia.  

Update on issues raised at 10 March 2010 meeting:

The AFULE sent correspondence to QR with respect to outstanding issues and are awaiting QR’s response.

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