The Rail, Tram and Bus Union is celebrating a major win for rail worker safety after the South Australian Employment Tribunal (the Tribunal) found Pacific National systematically breached maximum shift limits, putting driver safety at risk.

The Tribunal found Pacific National contravened its Intermodal Enterprise Agreement on multiple occasions after long-distance train drivers worked beyond strict shift length caps between February and July 2023 at its Port Augusta depot.

Seven of the eight breaches were found to be “serious contraventions” under the Fair Work Act.

The Tribunal found:

• Actual shift lengths, not just rostered hours, are subject to hard caps under the Enterprise Agreement
• A maximum shift limit of 16 hours applies in an emergency, and PN have been found to have breached this limit
• Pacific National breached the agreement on at least eight occasions, with several breaches deemed as “serious”

RTBU SA Branch Secretary Darren Phillips said the win is a significant step for safety and common sense across the industry.

“This decision is a crucial win for our members and for public safety,” Darren Phillips said.

“Maximum shift limits exist to prevent fatigue and protect both workers and the community. 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.

“This ruling sends a clear message: the safety of workers can’t be compromised. Pacific National is now liable for significant penalties.”

As the Pacific National Enterprise Agreement is a national agreement, National Secretary Alex Claassens affirmed that the decision has ramifications for train drivers across the country.

“This sets a national precedent. Every worker covered by this agreement now has clear, enforceable protections around shift length,” Alex Claassens said.

“We call on all operators to respect these limits and put safety first. The RTBU will continue to defend members’ rights and pursue the strongest possible penalties.”