Drivers with more than five years service at PN Rail (Intermodal and Bulk) who have left the company will now be paid pro-rata long service leave after PN tried to get out of honouring the relevant provision in their enterprise agreement.

The current EA specifies pro-rata long service leave be paid on ‘termination’ of employment.

PN tried to argue that termination under this clause only applied to Employer instigated terminations only with the RTBU arguing that it applied to both Employer and Employee terminations such as resignation

During EA negotiations, it was clearly agreed that termination of employment applied to both employee and or employer termination of employment – however when it came to paying up, PN’s two representatives in the negotiations could suddenly not remember the discussions around this provision.

A number of former PN Rail Drivers have missed out on the pro rata long service leave they are owed, due to PN’s incorrect and unfair interpretation of the agreement.

Following pressure from the RTBU, PN Rail have reconsidered its position and has now agreed with the RTBU’s interpretation of the clause and will now be contacting eligible drivers – those who have left the company since the current EA came into operation with more than five years service – to ensure they are paid their pro rata long service leave.

The RTBU will be following up with members and the company to make sure this happens.

The provision does not apply to employees who are dismissed or resigned for disciplinary or misconduct reasons.

The RTBU has been in negotiations with Pacific National Intermodal to protect workers at the soon to be downsized Grafton depot.

Following improvements to tracks between Brisbane and Taree, drivers transporting steel between the two cities can make the trip within a single shift. As drivers will no longer be required to change over at Grafton, the depot has lost all its intermodal work to Brisbane & Taree Depots.

The Grafton depot can only retain three workers for bulk services, leaving 18 remaining train crew. PN has requested that remaining train crews temporarily relocate to other depots in order to cover a shortfall of crews.

This relocation will be for a period of 6 months when a further review will be completed. PN Intermodal will take 2-3 crews to Brisbane and 2-3 to Taree to cover their shortfalls, and Bulk will need crews in Morandoo, Werris Ck & Narrabri. At the end of the November review, if there is no prospect of further work the crews will then be made redundant.

The Division’s Organiser & Local Delegate have been involved throughout this process and have participated in numerous consultative meetings with members and the company.

As a result of a number of EA interpretation issues, many involving local depot dispute notices, a meeting is being arranged with PN Intermodal to discuss the following issues:

Members will be kept informed of the outcome of the meeting, and should not hesitate to issue a notice of dispute should they believe that any EA provision is not being adhered to.

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.