Rail Unions seek $660,000

Rail  Unions seek $660,000

As members would be aware the joint rail unions have been campaigning hard against the Government’s plans to privatise QR. We will be continuing to campaign against the sale of Queensland’s rail assets.

The Joint Rail Unions today have lodged in the Federal court, proceedings against QR Ltd, QR Passenger Pty Ltd and QR Network, for failure to properly consult in accordance with all of the 22 agreements that cover QR and our members.

The Unions have taken this step because QR Ltd, QR Passenger Pty Ltd and QR Network have breached an integral part of all agreements namely the consultation clause. The consultation clauses in part state:

The process of consultation will include:

• The timely provision in writing of all relevant information, including details of the change, the likely effects on employees, the reasons for the proposed change and, where relevant, a proposed implementation date

• Discussion on measures to avert or mitigate any adverse effects on employees

• Provision of reasonable resources, including work time, for employees to fully participate in the consultation process

• Genuine consideration of employees’, and at the employee’s election, their representatives’ suggestions, ideas and contributions

• Genuine opportunity for employees and, at the employee’s election, their representatives to affect the outcome.

This is another step in the combined Unions process to stop the Sale of these assets. The proceedings will be occurring over the coming weeks and the combined Unions will, as always, keep members updated through this process.

FEDERAL COURT PROCEEDINGS AGAINST QR

The Rail Unions and QR Ltd, QR Passenger Pty Ltd and QR Network Pty Ltd are parties to twenty workplace agreements.

Those workplace agreements all contain consultation clauses.  Those clauses expressly require the relevant employer, when they propose major change to operations of their business or workforce to:

1. provide information about the proposal to the affected employees;
2. give the employees sufficient time to consider that proposal;
3. give their employees a change to respond to the proposal, including providing suggestions for change; and
4. give genuine consideration to the employees’ response.

Most importantly the consultation clauses require the relevant employer to give their employees a real chance to affect the outcome of any proposed change.

As part of the privatisation process between December 2009 and 22 January 2010 QR Ltd, QR Passenger Pty Ltd and QR Network Pty Ltd determined to make major structural changes to their business operations, asset ownership and workforce make up.

As a direct consequence of this decision, QR Passenger Pty Ltd has offered 3,500 QR Ltd and QR Network Pty Ltd employees’ employment.  The QR companies have imposed a deadline of 19 February 2010 for all employees to decide whether they wish to accept these offers.  Essentially, the QR companies are making 3,500 employees choose which company they want to work for.

The Rail Unions allege that in breach of the twenty workplace agreements QR Ltd, QR Passenger Pty Ltd and QR Network Pty Ltd did not consult with their employees about the major changes they have made.  The companies did not give the employees a chance to discuss the details of the changes or affect the outcome before the decision was made.  More importantly the companies have not provided the employees with the information they need to make the difficult and important decision of whether to accept the transfer between companies.  The Rail Unions consider that this is unfair and unlawful.

The Rail Unions have therefore commenced proceedings in the Federal Court of Australia seeking;

1. declarations that the QR companies have breached the workplace agreements; and
2. The imposition of penalties up to $660,000

Authorised by: Greg Smith - AFULE State Secretary