The South Australian Employment Tribunal (SAET) has upheld the Australian Rail, Tram and Bus Industry Union’s (RTBU) allegations that Pacific National Services Pty Ltd (PNS) breached important safety rules on numerous occasions when train drivers were prevented from finishing their shifts on time.
PNS asserted that according to the relevant Enterprise Agreement the lengths of shifts were not capped and shift limits applied only to predictive roster shift times and not actual worked shift hours. They also claimed that any delays to the end of driver shifts were caused by genuine emergencies.
The RTBU contended that the limits applied to the actual time worked and were imposed to help manage the safety hazard of driver fatigue.
The SAET agreed with the RTBU’s position, finding that the agreement showed the shift limits capped the actual time worked by train drivers. The agreement limited drivers’ shifts to 9, 12 or 15 hours, depending on the makeup of the crew, or 16 hours where an emergency prevented them from completing their rostered shift in time.
The SAET heard that between February and July 2023, 22 long-distance train drivers were prevented from finishing their shifts on time by foreseeable delays caused by slow refuelling processes, temporary train speed restrictions and equipment failures. The SAET concluded that PNS had committed seven serious contraventions, including one that affected two workers where the shift limit was breached by three hours and 20 minutes in circumstances that were not attributable to an emergency.
The union's South Australian secretary, Darren Phillips, said the SAET judgment was a significant step for safety and common sense across the rail industry, noting the relevant enterprise agreement was a national agreement.
"Maximum shift limits exist to prevent fatigue and protect both workers and the community," he said.
"The Tribunal's ruling confirms employers can't bend the rules or put profits before safety. Actual hours worked matter, and rostered work times matter."
You can read more about the hazard of fatigue at our OHS Reps Driving – Maximum kms or hours? page.