Big win in the FWC

The Loco Division’s attempt to have a penalty imposed as a result of a disciplinary investigation overturned has been successful, after having taken the matter to the Fair Work Commission in January this year.

In 2014, two drivers were involved in a SPAD after which a four week safe-working investigation commenced. Following that, the two drivers were then subject to a subsequent disciplinary investigation. Both drivers were suspended from duty on master roster payment, which continued for another three months after the 2-month safe-working investigation – a total of almost five months off the road.

After challenging the disciplinary outcomes for both members following this lengthy investigation – the appeal for which was rejected by Transport for New South Wales – the RTBU took the matter to the Fair Work Commission in order to try and get the penalty for each Driver overturned. The reason cited for this – among other reasons – was the large amount of time spend off roster by both drivers and the subsequent financial penalties incurred as a result of not earning all entitlements associated with working the master roster.

After careful deliberation, the Fair Work Commission last week handed down a decision which found in favour of the Locomotive Division– both drivers’ penalties arising out of the disciplinary investigation have since been overturned in light of a fairer punishment, while keeping in line with the options as contained within Clause 32 of the NSW Trains Enterprise Agreement 2014.

This is the first time that a disciplinary outcome has been overturned by the Fair Work Commission and is therefore a considerable win for both the members involved and the RTBU.