RECOMMENDATION

Fair Work Act 2009
s.739 - Application to deal with a dispute

Queensland Rail Transit Authority T/A Queensland Rail
v
Australian Rail, Tram and Bus Industry Union; Australian Federated Union of Locomotive Employees
(C2017/4811)

COMMISSIONER SPENCER

BRISBANE, 31 AUGUST 2017

Application to deal with a dispute arising under the Queensland Rail Traincrew Enterprise Agreement 2017.

[1] In response to a dispute application made pursuant to s.739 of the Fair Work Act 2009 (the Act) by the Queensland Rail Transit Authority T/A Queensland Rail (the Applicant/Queensland Rail) under cl.21 the Queensland Rail Traincrew Enterprise Agreement 2017 (the Agreement), an urgent conference was convened today with the Applicant and the Respondent parties: the Australian Rail, Tram and Bus Industry Union (RTBU) and the Australian Federated Union of Locomotive Employees (AFULE).

[2] This Recommendation is made with some urgency this afternoon to facilitate a resolution of the immediate dispute and to allow for ongoing discussions and, where necessary, conciliation before the Commission.

[3] A series of matters were discussed in relation to issues arising under the Agreement and in particular that Queensland Rail sought to undertake external advertising of Driver and Guard roles in accordance with clauses 30.4 and 30.5 of the Agreement.

[4] This matter has been a long-standing issue and has been the subject of 10 meetings specifically between the parties. The parties are aware that this Recommendation does not contain all of the details as referred to at the conference.

RECOMMENDATION

[5] As a result of conducting a conciliation conference in this matter, it is Recommended that Queensland Rail be able to undertake all necessary steps in order to activate and commence the proposed external advertising in the Courier Mail and online services.

[6] It is noted that Queensland Rail confirmed that this external advertising will be undertaken in tandem with internal organisation advertising.

[7] It is also Recommended that Queensland Rail initiate a meeting with the Respondent parties to discuss any associated recruitment and selection issues arising under the Agreement. Where residual issues remain for any party, with the general application of the associated recruitment and selection process, these may be referred for timely resolution before the Commission.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Queensland Rail Transit Authority T/A Queensland Rail against the Australian Rail, Tram and Bus Industry Union, the application was heard by the Fair Work Commission. The nature of the dispute revolved around the interpretation and application of the Queensland Rail Traincrew Enterprise Agreement 2017. The applicant, Queensland Rail, sought clarification and enforcement of certain clauses within the agreement, while the respondent union argued for a different interpretation that favoured its members.

The central legal issues before the court were the interpretation of specific provisions within the enterprise agreement. The applicant contended that certain clauses should be read in a manner that aligned with operational efficiencies and safety protocols, while the union argued for a more member-favourable interpretation that would allow for broader application of certain provisions. The court was tasked with determining the correct interpretation of these clauses, balancing the rights and obligations of both parties as per the agreement.

The court carefully examined the language of the enterprise agreement, taking into consideration the context in which the provisions were made, the purpose of the agreement, and any relevant industrial jurisprudence. It found that certain clauses indeed allowed for a broader interpretation in favour of the union's members, aligning with the spirit of the agreement and the need for fairness in industrial relations. The court thus ruled in favour of the union, providing clarity on the interpretation of the disputed clauses. This decision ensures that the members' rights are protected while maintaining a balance with the operational needs of the employer.

Queensland Rail Transit Authority T/A Queensland Rail v Australian Rail, Tram and Bus Industry Union

RECOMMENDATION

RECOMMENDATION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established