C2014/7422, Transcript of Proceedings [2015] FWCTrans 136 (23 March 2015)

TRANSCRIPT OF PROCEEDINGS

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Fair Work Act 2009                                                    

DEPUTY PRESIDENT SAMS

C2014/8231 C2014/7422

s.739 - Application to deal with a dispute

Australian Federated Union of Locomotive Employees

and

Aurizon Operations Limited T/A Aurizon Rail
(C2014/8231)

Australia Eastern Railroad North Queensland Rail Operations Enterprise
Agreement 2011

(ODN AG2011/6889)

[AE884420 Print PR507204]]

s.739 - Application to deal with a dispute

Australian Rail, Tram and Bus Industry Union

and

Aurizon Operations Limited T/A Aurizon Rail

(C2014/7422)

Australia Eastern Railroad North Queensland Rail Operations Enterprise
Agreement 2011

(ODN AG2011/6889)

[AE884420 Print PR507204]]

Brisbane

11.01 AM, THURSDAY, 5 MARCH 2015

PN1

THE DEPUTY PRESIDENT: Can I have the appearances.

PN2

MR A WALKER: Good morning, your Honour, Andrew Walker for Aurizon and Australia Eastern Railroad Pty Ltd.

PN3

MS M BREWER: May it please the Commission, my name is Brewer, initial M, and I'm in the employ of the Australian Federated Union of Locomotive Employees.

PN4

MR P ALLEN: May it please the Commission, my name is Allen initial P, on behalf of the Australian Rail, Tram and Bus Industry Union, Queensland Branch.

PN5

THE DEPUTY PRESIDENT: Thank you. I understand that you have some pleasing news to report.

PN6

MR WALKER: Got some very good news, your Honour. The parties have reached agreement on an answer for the question for determination which we would like to have read into the record.

PN7

THE DEPUTY PRESIDENT: Yes, go ahead.

PN8

MR WALKER: It should be answered as:

PN9

Where the driver has partial route knowledge, that is, has had route orientation in accordance with paragraph 7.2 dot point 1 of AERs attaining route competency standard procedure, they may be rostered for 11 hours in accordance with clause 20.1 of the AER enterprise agreement provided that the other driver has route competency. A driver with no route knowledge of the relevant section of the route must be rostered in accordance with clause 20.3 of the AER enterprise agreement.

PN10

So that is the agreed answer to the question.

PN11

THE DEPUTY PRESIDENT: Yes.

PN12

MR WALKER: The only other thing that I would raise, your Honour, is that the application was brought against Aurizon Operations Limited and that should be amended to read, "Australia Eastern Railroad Pty Ltd.

PN13

THE DEPUTY PRESIDENT: Yes. I will make that amendment to the file. Yes, Ms Brewer, do you confirm the arrangement that has been referred to?

PN14

MS BREWER: Yes, we agree with that answer to the question and on that basis all the other contingent matters that came with our application are finalised as well.

PN15

THE DEPUTY PRESIDENT: Thank you. Mr Allen.

PN16

MR ALLEN: We are of the same position, your Honour.

PN17

THE DEPUTY PRESIDENT: Thank you. I know it is on the record but would you prefer to be issued as a - it's not really a decision but ‑ ‑ ‑

PN18

MR WALKER(?): A determination.

PN19

THE DEPUTY PRESIDENT: Or just a record of the proceedings being settled in the terms that have been expressed.

PN20

MR WALKER(?): Yes, your Honour, I would be happy with that.

PN21

THE DEPUTY PRESIDENT: That will be a published document then. These proceedings are concluded on that basis and I congratulate the parties on being able to resolve the matters. You have saved me the writing of a decision, thank you.

ADJOURNED INDEFINITELY                                                        [11.04 AM]