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Jun 4, 2021NSW Trains

It has come to the attention of the Locomotive Division that members are being rostered over the June long weekend from Gosford and Newcastle Interchange depots to visit the RailConnect Kangy Angy Facility under the guise of a site induction and BBQ.

Members are reminded of their obligations to follow a reasonable direction; a site induction is a lawful and reasonable direction. However, members are also reminded of their rights in relation to receiving a direction to perform a task that they deem unsafe. The Locomotive Division has stated that boarding and alighting the New Intercity Fleet is unsafe, in line with the Klaus Clemens Report, due to inadequate control at the Platform Train Interface.

Currently, in accordance with Clause 8 of the 2018 Enterprise Agreement there exists a Step 4 Dispute with NSW Trains before the Fair Work Commission in relation to New Intercity Fleet. This dispute includes the application of NTTWP102 and boarding and alighting. The “Status Quo” of the clause of the dispute was enacted at Step 1 and remains active.

As such, Members should consider if there is imminent risk to their safety if they are directed to board the NIF 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 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 participating in a site induction, these duties should be performed.

If members should have any additional concerns or require clarification to the above issues, please contact the RTBU Head Office on (02) 9264 3400 or contact your local delegate.

Download a copy of the Footplate here.