QUBE locks out RTBU members, stalls negotiations

On July 19th, 2023, rail company QUBE announced that it would lock out its train crew from midnight following plans by RTBU members to take part in a small, partial work ban as part of their protected industrial action.

QUBE workers had been attempting to negotiate a fair enterprise agreement for workers for over 12 months, however the company refused to negotiate fairly, including reneging on in-principal deal reached in conciliation.

The RTBU is at the same time currently fighting a massive wage theft claim against QUBE in the Federal Court, claiming a chronic and systemic practice of underpayment and wage theft that has robbed employees of tens of thousands of dollars each year.

Rail, Tram and Bus Union (RTBU) NSW Locomotive Division Secretary, Farren Campbell, said QUBE workers are simply demanding a fair enterprise agreement and have been taking low-level protected industrial action in an attempt to force the company to deliver that.

“To take this stance against workers who are simply demanding the rail company commit to provide basic wages and conditions, which includes a commitment to stop the current practice of chronic underpayment and wage theft, is a low act from a major rail company.

The RTBU then took unprecedented action against QUBE in the Fair Work Commission, describing the company’s actions during the industrial dispute as ‘putting the lives and safety of workers and the public at significant risk’.

“We believe that QUBE is putting safety and potentially lives at significant risk, so we’ve been left with no choice but to take this unprecedented action,” Mr Campbell said.

“It’s highly unusual for a union to be forced to take this kind of action. In fact, it may well be the first time in Australia that it’s happened, but we don’t have any other option. We can’t let this continue because lives are at real risk.

“Workers are operating trains they’re not qualified to operate, safety regulations are being shirked and that’s just what we know about. QUBE’s operations interact with the busy Sydney and NSW Trains passenger network so we’re talking about the safety of workers and the travelling public.

“We’ve seen catastrophic events in the past as a result of safety breaches like the ones we’re seeing from QUBE. The risk is real and not something anyone should be taking lightly.”

Unfortunately, the RTBU’s application was not successful however the Commission had made one thing clear- that QUBE had lied about reneging on their agreement. To make matters worse, despite there not being any protected action being taken by RTBU members, the lockout was extended again- taking the total number of days workers were locked out to 13. This was the longest lockout our industry had seen since the 1980s!

QUBE members were supported by a financial fund set up by the Locomotive division to help see them through the lockout. They were finally allowed to return to work on August 3rd when bargaining meetings also recommenced

While the company claims it wants to end this long running dispute, it will only be if the RTBU and our members accept a ‘Global Settlement’, something that has long been rejected over its containment of ‘nonpermitted’ matters for bargaining, claims like indemnities, signing of Deeds and the withdrawal of court proceedings. QUBE had also taken this settlement off the table only a month prior during the Fair Work conference!

The negotiating team is always willing to negotiate in good faith whenever QUBE is ready but are also prepared to lodge an intractable bargaining application in two months which would allow the Commission to step in and give RTBU members a replacement agreement that is fair but importantly not one that is on the basis of a ‘global settlement’.

The lock-out of workers impacted on QUBE’s services – which transport large amounts of freight, including steel and grains - right across the state.

Approximately 180 train drivers are employed by QUBE across NSW who are based in various locations including Newcastle, Sydney. Wollongong, Bathurst, Port Kembla, Junee, Dubbo.