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Pacific National Intermodal Outsourced Projects Enterprise Agreement Update

Sep 17, 2020Update

In an effort by Pacific National to try and stop your legal right to take Protected Industrial Action (PAB), Pacific National used external Lawyers to argue their case in an effort to restrict the action you could take. This was opposed by the RTBU.

After ongoing disagreement with Pacific National, and the RTBU making clear we would not agree to this, the Fair Work Commission issued the following order by consent, which will soon be put to you as members in a vote:

In support of reaching an enterprise agreement with your employer, do you endorse the taking of protected industrial action by RTBU members against your employer, which may involve taking separately, concurrently and/or consecutively any or all of the actions set out below:

  1. An unlimited number of bans or an indefinite ban on overtime? Yes/No
  2. An unlimited number of stop work meetings of not less than 4 hours duration? Yes/No
  3. An unlimited number of periodic bans of working the “piloting” duties? Yes/No
  4. An unlimited number of periodic bans on unloading the Limestone wagons? Yes/No
  5. An unlimited number of 4 hour work stoppages? Yes/No
  6. An unlimited number of 24 hour work stoppages? Yes/No
  7. An unlimited number of 48 hour work stoppages? Yes/No
  8. An unlimited number of 72 hour work stoppages? Yes/No

Below is the timetable for your Protection Industrial Action Ballot.

15/09/2020 PAB Notice issued to employees
21/09/20205pm AESTThe Roll of Voters is finalised
22/09/2020 The ballot opens – the AEC will send postal vote packs to voters
21/10/202010am AEDTThe ballot closes- after a final reconciliation, the AEC will count the votes and declare the result. In some instances, the declaration may take place the following business day.

Should the Protected Industrial Action Ballot get voted in by a majority of all those members eligible to vote, we must give Pacific National 6 clear days’ notice of any action that you want to take, which does not include weekends or public holidays. We will be holding meetings on 23 October 2020 to get your endorsement on:

  • what action(s) you want to take;
  • when you want to take the action(s);
  • how long you want to take the action(s) for; and
  • the relevant legal information behind Industrial Action.


  • If you are not a member of the RTBU, you cannot take part in any Protected Industrial Action or participate in the Ballot that is about to occur.
  • Only members of the RTBU will be able to legally participate in any protected industrial action should it be required and endorsed by members and delegates.
  • If you are a member of the RTBU, please make sure your address with Pacific National matches that on the RTBU system.

Your RTBU EA Negotiation team consists of RTBU delegates Paul Bentley, Jason McPhee and David Rowley and NSW Locomotive Division Organiser Kevin Pryor.

Click here to download the full update.

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