Members will be aware that the Division was involved in a case against PN Coal for the non-payment of a provision of their EA in relation to the correct interpretation / payment of the 9.5% Aggregate Allowance.

Statements supporting our case were made by people who had negotiated the 2009 Pacific National NSW Coal Enterprise Agreement and submitted to Fair Work Australia.

The hearing occurred on the August 16 and 17 with the RTBU represented by White Barnes solicitors and barrister Jim Nolan.

The summary of the outcome by FWA stated, “That FWA was satisfied that the amendment to the agreement as sought in the application by Pacific National Coal gives effect to the mutual intention of the parties. Accordingly FWA issued an order varying the agreement. The order will have the same date of effect as the 2009 EA”.

In short the division was unsuccessful in winning the case.

The full transcript and decision handed down can be found on Fair Work Australia Website:  www.fwa.gov.au

Transcript AG2011 / 7035

Decision (2011) FWA 5457

Freightliner Coal Haulage employees have unanimously voted in favour of an Enterprise Agreement that will make them the highest-paid freight drivers in the state for a 38-hour week.

The vote was held on Friday 8 April, the agreement was signed by both parties and has been submitted to Fair Work Australia for approval.

This agreement should be in force before 1 May and is likely to see employment in the Rail Industry become competitive.

The RTBU and PN Intermodal met in Fair Work Australia on Monday of this week for conciliation in an attempt to resolve an outstanding dispute regarding the crediting of hours for blank days on a Public Holiday.

The dispute has been ongoing since November 2010 when various drivers were either rostered blank, or booked off blank on the working roster, and PN made no credit of any hours for the public holiday.

Similarly the same happened at Christmas/New Year. FWA did not make a ruling as it was felt that both sides have a valid argument as there was ambiguity in the Agreement.

This leaves us in a position to explore further options to resolve the dispute and we are currently seeking further advice to our options, at the same time continuing discussions with PN. The RTBU remains committed to obtaining a resolution to this issue.

All members should scrutinise their payslips with the details provided by PN each week and to dispute any discrepancies. The Division will support any member who feels that they have been underpaid as per their EA.