Feb 2017 · New South Wales, Australia
Coal train drivers' shifts can be moved at short notice - but not where it creates fatigue risk
The rail union disputed whether a coal rail haulage operator could bring forward train drivers' shift start times by up to two hours, or delay them by up to four, without notice, arguing a driver could be woken during planned sleep and called in early. The Fair Work Commission found the enterprise agreement allowed these changes without advance notice, except for shifts starting between 10pm and 4am. However, it held the company's right was not unfettered: it could not bring a shift forward where that would, or would be likely to, cause fatigue risks, given its safety duty not to roster drivers in a way that exposes them to unreasonable fatigue.
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