Worried about being pushed to work too many hours?

Members at Sydney Trains have raised concerns about management requesting that drivers work above the legal maximum number of hours per shift.

Below is information on the legal requirements to help you understand what your limits are. If you have any questions or concerns, contact your RTBU delegate immediately.

All the information below has been extracted from the relevant provisions contained within the Rail Safety (Adoption of national Law) Act 2012, the RailCorp Enterprise Agreement 2010 and the Drivers Rostering and Working Arrangements.

Under the Drivers Rostering and Working Arrangement the maximum rostered hours per shift is: Sydney Trains: 8’33’’

The maximum hours that can be worked in total, in accordance with the RailCorp Enterprise Agreement 2010 and the Rail Safety (Adoption of National Law) Act 2012 is: Sydney Trains: 9’00’’

However, according to the Rail Safety (Adoption of National Law) Act 2012 the maximum working hours do not apply in the event of:

a) an accident or emergency; or

b) any urgent circumstances approved by the regulator; or

c) any other unforeseeable circumstances that make it necessary, in the absence of any reasonably practicable alternative, to contravene this schedule to avoid serious dislocation of train services, provided that the driver or drivers concerned indicate their fitness to work the extended hours. 

The Rail Safety (Adoption of national Law) Act 2012 defines ’emergency’ as:

Arising out of an actual or imminent event, such as fire, flood, storm, earthquake or explosion that –

a) endangers, or may endanger, the safety of persons; or

b) destroys or damages, or may destroy or damage, property.