Footplate: NIF Dispute – Train Crew Rostered to Travel Passenger

On Monday 10 May 2021 a NIF service was gazetted in a Special Train Notice (STN1652- 2021) to run between Gosford and Sydney Terminal (Passenger). This was immediately  placed into dispute at Step 1 (DSP) in accordance with the 2018 Enterprise Agreement as it  placed person/s in inherent danger given the passenger boarding and alighting processes on  the NIF.  

NSW Trains responded to the DSP Step 1 stating: 

“NSW Trains currently have no variation to our accreditation to operate the Mariyung  sets in revenue service and will not be doing so under STN 1652-2021” 

NSW Trains’ response did not address our issue as the dispute clearly stipulated your  concerns related to people (including crew travelling as passengers or the public) being placed  in danger while boarding or alighting.  

The design of the NIF, and NSW Trains proposed operating model, does not allow for current  safe working procedures to be followed. The new and proposed working procedures are in  dispute. No one should be boarding the NIF as a passenger until this dispute is resolved.  

The RTBU Locomotive Division has been advised that NSW Trains have rostered crew from  Newcastle and Gosford depots to travel ‘passenger’ on the NIF train as part of a rostered  standby shift. As a result, the RTBU has escalated the existing dispute to Step 2 of the DSP  and will be strictly applying Status Quo provisions. 

In light of the application of the Status Quo provisions, any direction to board as a passenger  or operate the NIF with passengers, is not a lawful and reasonable direction.  

Further such an arrangement presents an obvious safety risk at the PTI, as identified in the  Clemens Safety Report.  

As such, Members should consider if there is imminent risk to their safety if they are directed  to board the NIF as a passenger, and conduct a personal risk assessment in all instances  such a direction is received. If your risk assessment concludes that the PTI is unsafe and  boarding as a passenger poses an imminent safety risk, Members should advise NSW Trains  they will not be boarding the NIF. 

After refusing to board, if Members are directed to perform duties that are safe, such as  boarding another train in accordance with established operating procedures or remaining on  stand-by, these duties should be performed.