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RAIL Back On Track New Generation Rollingstock Public Inquiry - discussion

Started by ozbob, March 17, 2018, 11:59:16 AM

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ozbob



==========================

New Generation Rollingstock (NGR) Timeline - significant events
(work in progress - this will be updated as we proceed)

2010/11 -  Downer EDI withdraws from tender process for NGR

October 2011 - Original plan for 200 3 car sets changes into 75 6 car sets

July 2012 - DTMR takes over NGR Project Management from Queensland Rail

December 2013 – Contract awarded to the Bombardier-led consortium called Qtectic

January 2014 - DTMR " The first trains will be in service by mid-2016 ... "

April 2014 – Works commenced on Wulkuraka Maintenance Centre

April 2015 - Concerns raised re accessibility issues with the NGRs

August 2015 - Disability sector wrote to then Minister for Transport (Ms J. Trad) requesting a meeting to discuss concerns re NGR accessibility

February 2016 – Wulkuraka Maintenance Centre officially opened

February 2016 – First NGR train arrived in South East Queensland to commence testing

14 September 2016 – Start of on-track testing

March 2017 - Delivery of NGRs halted

June 2017 - Official acknowledgement the NGRs are not DDA DSAPT compliant

27 September 2017 - Application to AHRC by the State of Queensland for Temporary Exemption

11 December 2017 – Start of passenger services

12 December 2017 - Complaint lodged with AHRC re NGR non compliance

21 December 2017 - NGR 701 moved to Redbank for storage.  Later joined by other NGR trains.

2 March 2018 - AHRC Preliminary View on State of Queensland's application

29 March 2018  - AHRC Decision on the State of Queensland's Application


==========================

It is clear that there is some reluctance in transport circles within Government for a proper inquiry into the NGR project botch.

We will continue to press for a Commission of Inquiry/Parliamentary Inquiry. 

Should this not eventuate I propose that we ourselves conduct an inquiry.

I will first make application for financial hardship under the RTI process .  An RTI request for NGR information will no doubt require considerable processing fees.

There is a considerable body of public documents, news items and some correspondence.  These will be compiled into a dossier.

We would call for any public submissions and comment.

I will set up a dedicated web site for the RBoT NGR Inquiry.

A public meeting will be held as part of the inquiry activities.

=========================

Sent to all outlets:

17th March 2018

RAIL Back On Track New Generation Rollingstock Public Inquiry proposed

Good Morning,

For your information.

One month post the Commonwealth Games, if there is not a serious move by Government to proceed with an inquiry
(either a Commission of Inquiry, or a Parliamentary Inquiry)  into the New Generation Rollingstock aka Not Going Right train project,
we are going to call our own.

RBoT NGR Public Inquiry or the RAIL Back On Track New Generation Rollingstock Public Inquiry

We will invite feedback from the general public.

Compile a report and present it to the Premier and Transport Minister, Leader of the Opposition, and Speaker of Parliament.



Best wishes,
Robert

Robert Dow
Administration
admin@backontrack.org
RAIL Back On Track https://backontrack.org
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ozbob

Key considerations:

New Generation Rollingstock Project - summary

    Why were non DDA non DSAPT compliant trains ordered? It has been a requirement since 2002 for new passenger rollingstock to be compliant.

    Why was the order reduced from 100 to 75 six car trains?

    Who signed off on the design?

    Was Queensland Rail consulted on design of the new trains?

    When did the ' State of Queensland ' first know they had acquired non compliant trains?

    Why did it take till September 2017 for an application for a temporary exemption be made to AHRC when Disability Advocates and others had been warning of accessibility issues since 2015?

    Who decided that new non compliant trains could be used on the network without the protection of an exemption? Did the Queensland Rail Board approve of this action?

    An inquiry will ensure that lessons are learned in terms of procurement so that taxpayers money is not wasted in purchasing of services and products by government that does not comply with legislation.

    Must ensure external reference groups which TMR and QR conduct are given the respect they deserve in that messages from them are duly considered.

    We want the true facts and circumstances brought into the clear light of day so the monumental botch that this project represents is not repeated.

A major project failure such as the New Generation Rollingstock non compliance for the DDA and DSAPT simply cannot be swept under the carpet.  It is essential a thorough and independent inquiry to into all circumstances is achieved so that failure on this scale never occurs again.
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Stillwater

All submission to AHRC re NGR trains should be accepted automatically to the RailBOT Inquiry, unless any group/individual wants to opt out.

ozbob

Quote from: Stillwater on March 17, 2018, 17:41:01 PM
All submission to AHRC re NGR trains should be accepted automatically to the RailBOT Inquiry, unless any group/individual wants to opt out.

Each group/individual would need  to give their express permission. 

( I have saved all the submissions from the AHRC website of course ).

I think most would if we proceed and contact them.  A good idea, thanks.
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ozbob

This short extract from the article is relevant to the NGR botch in my view.  We will have to pursue RTI action if we have to proceed with our inquiry, but then there is no guarantee the information will be forthcoming.  The Queensland Government is NOT open and transparent.  We will give it our best shot as needed be assured.

Couriermail --> Transport Minister Mark Bailey only delays the inevitable by refusing to publicly release mangocube emails

QuoteWHEN former premier Anna Bligh stood in State Parliament in May 2009 to introduce new laws overhauling access to government documents it was all about openness and ­accountability.

Ms Bligh told the House at the time that the public release of ­information about government policies and decisions enabled "informed debate, ­scrutiny and public participation".

"Without information, people cannot exercise their rights and responsibilities or make informed choices," she said.

Ms Bligh said the increased openness and transparency the Act was designed to bring would also mean Governments would be "held to account" for their actions.

The Act itself dictates that it should only be used as a "last resort".

Fast forward almost 10 years, however, and Governments are more often than not using that Act as a ­delaying tactic rather than a tool to ensure they are kept to account.

There have been numerous examples of information held up through the RTI process rather than being ­released on request.  ...

.
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ozbob

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ozbob

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ozbob

" ... You can fool some people sometimes

But you can't fool all the people all the time ... "  laments Bob in the song  :-t
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ozbob

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Stillwater

The starting point would be to draw up Terms of Reference.

Abt 4-5 dot points should do it. 


ozbob

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ozbob

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ozbob

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ozbob

For information: Application for financial hardship status under the Right to Information Act 2009 (Qld) (RTI Act) has been made today.
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ozbob

Quote from: ozbob on March 26, 2018, 07:26:32 AM
For information: Application for financial hardship status under the Right to Information Act 2009 (Qld) (RTI Act) has been made today.

Acknowledgement of receipt of application received.   :-t
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ozbob

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ozbob

www.rtbu.com.au/_dbase_upl/18_2015_04-08_QRTcrew.pdf  Accessed 1st April 2018

Quote8 April 2015

Dear Member

New Generation Rollingstock (NGR)

The RTBU has been dealing both with Queensland Rail and the new Labor Government over the proposed configuration of the
new generation trains to be introduced in 2016.

The RTBU had no input or consultation on the design or configuration of the proposed 6 car sets and rumours were rife on the
impact this design would have on the travelling public and also on the roles of Traincrew.

As a result of the election of the Palaszczuk Government, the RTBU took these concerns to the new Transport Minister and
Deputy Premier and as a consequence a consultation process has commenced to try to address RTBU members' concerns.

The RTBU secured agreement from QR and Government for an inspection of the NSW's operations where the introduction of
Guards at the rear of trains (one of the apparent outcomes of the new design). Inspection of the operation of the Waratahs on
the Sydney network, was to seek an understanding of the issues that arose for Traincrew with the new configuration.

The RTBU was fortunate to have the assistance of the RTBU's NSW Traincrew representatives and officials who were able to
provide an in-depth report, from a Traincrew perspective, on the implication of the changes flowing from the introduction of the
new rollingstock in NSW. This meeting allowed the Queensland Locomotive Division to seek more input on our requirements
with both the Government and Queensland Rail.

Over the coming months members will see working parties in the workplace tasked with addressing and exploring issues that
have been or are yet to be unearthed. The RTBU believes this will assist in the development of procedures and design
alterations that are essential to meet and address the health and safety issues of both the travelling public and Traincrew.

The first meeting of the oversight committee will take place next Monday, 13 April 2015.

The RTBU will keep members informed of all progress and issues as they arise.

Unity is Strength
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ozbob

27 October 2011  Accessed 2 April 2018

Brisbanetimes --> Timetable for new trains wound back

QuoteThe Bligh Government has quietly changed its purchase plans for 200 new trains bound for the passenger rail network, delaying some of the orders amid opposition claims of a cover-up.

But Transport Minister Annastacia Palaszczuk last night denied anything sinister was afoot, saying the decision to purchase the new trains in stages was linked to the deferral of Brisbane's $8 billion underground rail project.

Ms Palaszczuk confirmed changes had been made to Queensland Rail's purchase plans after opposition counterpart Scott Emerson used question time to accuse her of secrecy over the multi-billion-dollar contract, still out for bids from builders.

Mr Emerson said the latest Queensland Rail annual report stated the New Generation Rollingstock project would replace and expand the existing train fleet with 200 three-car passenger trains.

But he said he had been informed the Bligh Government had recently told bidders for the contract the purchase would only be for 75, six-car passenger trains, effectively slashing the number of individual train cars on order by a quarter.

Ms Palaszczuk's office was unable to say last night what bidders had been told or details of the purchase staging, but insisted the government was still committed to buying 200 new three-car trains, otherwise known as rollingstock.

In a statement, Ms Palaszczuk said there was "no reduction in the required future rollingstock", which was 200, but the purchase would be staged differently.

"The government will stage the roll out as [the] cross-river rail [project] is delayed by two years," she said.

"It is prudent, good business to plan for demand and to make sure you have the option to order more trains as needed as easily as possible."

Ms Palaszczuk said the government had been delivering 64 new-three car carriage rollingstock at the rate of one every month for the past 64 months.

Mr Emerson said the government had been "caught out" changing the multi-billion-dollar contract plan without telling the public, and claimed the decision was due to a lack of money rather than the cross-river rail deferral in January.

"They've run the budget so badly they can't afford this project," he said.

According to the Queensland Rail annual report, the three bidders for the construction work are UGL Limited, Bombardier Transportation and CAF Mitsubishi.

The NGR project will provide trains to replace and expand the existing passenger fleet.

Previous media reports have estimated the original contract worth at more than $3 billion.
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ozbob

The QR 2010/11 Annual Report mentions up to 200 new trains

https://www.queenslandrail.com.au/about%20us/Documents/queensland-rail-limited-annual-report_2010-11.pdf accessed 2nd April 2018

Quote... the commencement of the New
Generation Rollingstock (NGR) project,
examining options to purchase up
to 200 three-car trains to replace
and expand the existing fleet,
providing customers with a better
travel experience. ...

So we have now found the time when the NGRs were changed into 75 6 car sets.  It was the ALP that changed it.
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#Metro

Negative people... have a problem for every solution. Posts are commentary and are not necessarily endorsed by RAIL Back on Track or its members.

ozbob

Quote from: #Metro on April 02, 2018, 10:33:40 AM
2011 flood impact leading to distributed cuts?

No doubt a factor.  It was the reason CRR was shunted, and that was then used to reduce the NGR numbers by the look of it.

Slow steady searching on the web can reveal much information.

" Why was the order reduced from 100 to 75 six car trains? "

One of the key questions basically resolved already, and have not officially begun ...   :is- 8)
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#Metro

I thought the order may have also been reduced due to the Kippa-Ring railway not being approved, but matching the timelines gives the opposite result. In late 2010 Gillard suddenly approved the project and released funding for it. That should have led to a need to increase the number of trains on the network or at very minimum, keep the order at the numbers originally intended.

https://en.wikipedia.org/wiki/Redcliffe_Peninsula_railway_line

QuoteDuring the 2010 federal election, then Prime Minister Julia Gillard announced that the Kippa-Ring railway line would be fast-tracked, with the project to be complete by 2016 at a cost of $1.15 billion.[19] On 3 December 2010, the funding agreement for the project was formalised, after being announced the day before. The agreement was signed by the Prime Minister Julia Gillard, Queensland Premier Anna Bligh and Moreton Bay mayor Allan Sutherland.[20]
Negative people... have a problem for every solution. Posts are commentary and are not necessarily endorsed by RAIL Back on Track or its members.

ozbob

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MichaelJ

Why was it reduced to 75 6-Car Units?

- We know that the 100, 120, 200 and 220 Series are being overhauled/upgraded as part of a mid-life extension program.  This can be seen in the recent transfer of SMU 202 and 210 to Walkers/Downer in Maryborough.  That's 28 6-Car Units (10+4+12+30 3-Car Units) accounted for.
- We know the 160 and 260 Series will also undergo some form of upgrade program. That's 32 6-Car Units (28+36 3-Car Units) accounted for.
- We know the EMU is being withdrawn and that's 43.5 6-Car Units (or 87 3-Car Units).
- We know the ICE is being withdrawn and that's 4 6-Car Units (or 8 'Power Pair').
- That's a total of 107.5 6-Car Units.

After the retirements of all EMU and ICE and the addition of the 700 Series, there will be a total of 135 6-Car Units.

QR trumpeted a fleet increase of 30 percent which equates to a total of 140 6-Car Units.  The bean counters have obviously found fleet management/allocation savings of 5 6-Car Units some where in their little balance sheet.
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ozbob

Yo.  It is doubtful if that 75 NGRs will be enough in the longer term.

Restoring the timetable and looking towards Cross River Rail service demands means more trains will be needed.

BrizCommuter has done an analysis here > http://brizcommuter.blogspot.com.au/2018/03/will-qrs-rail-fail-impact-cross-river.html

He has counted out the 200s but even if they continue in service till CRR still big issues.   100 6 car NGRs would have been a lot better.
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ozbob

Moving on.  This is good background this RTI file.

https://www.tmr.qld.gov.au/-/media/aboutus/rti/disclog/2013/13501700part1.pdf?la=en accessed 2nd April 2018

This clearly shows when DTMR took over NGR and MBRL from Queensland Rail, ~ July 2012.  Page 9.



As we now know, this was rather a sad move.  Both NGR and MBRL ran off the rails !!
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MichaelJ

Technology will have moved on by the mid-20s when Cross River Rail will open so I'd expect that there will be at least one more order of trains between now (2017) and then (2023-2026).  Probably somewhere between 30 and 50 6-Car Units to my thinking.

Queensland Rail haven't committed to the withdrawal of any additional rollingstock at this stage.

Just take a look at Sydney.  We ordered 78 8-Car Waratah Trains and have (recently-ish) committed to 24 8-Car Waratah Trains with the possibility of more.  They're the same base design with many improvements in security and technology.

In essence, order more '800 Series' trains when they're required and use the available technology at the time.  Seems logical to me.
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ozbob

Quote from: MichaelJ on April 02, 2018, 15:35:49 PM
Technology will have moved on by the mid-20s when Cross River Rail will open so I'd expect that there will be at least one more order of trains between now (2017) and then (2023-2026).  Probably somewhere between 30 and 50 6-Car Units to my thinking.

Queensland Rail haven't committed to the withdrawal of any additional rollingstock at this stage.

Just take a look at Sydney.  We ordered 78 8-Car Waratah Trains and have (recently-ish) committed to 24 8-Car Waratah Trains with the possibility of more.  They're the same base design with many improvements in security and technology.

In essence, order more '800 Series' trains when they're required and use the available technology at the time.  Seems logical to me.

Yes.  Will need around 40 more 6 car units.  What they will be guess depends on the politics of the State. 
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NGR Employment Fact Sheet January 2014

https://www.tmr.qld.gov.au/-/media/Projects/N/New-Generation-Rollingstock/Community-updates/NGRemploymentfactsheetJan2014.pdf?la=en  accessed 2nd April 2018

"The first trains will be in service by mid-2016, with all 75 trains delivered and in service by December 2018."


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9 April 2015

Queensland Country Life --> Rail giant favours foreign workers

QuoteQUEENSLAND'S largest train building project – the $4.4 billion New Generation Rolling Stock Project - has been accused of favouring imported Indian workers over skilled Australian workers.

A Queensland rail draftsmen with 20 years' experience claim they are being rejected, alleging employees from India are being employed for 12 months after coming to Australia for three weeks training.

The tender for the complex project – to design 75 six-car electric trains, to build the new trains, then build a new maintenance plant at Wulkuraka, and finally maintain the new trains for 30 years – was won by the Bombardier Consortium in January 2014.

Bombardier denies the allegations and says staff from India are coming as observers only and not staying.

Bombardier has bought a new rail construction plant in India, at Savli - where the new trains will be built during 2015-2018 - then shipped back to Queensland and steadily introduced to the Queensland rail network.

Bombardier has two workforces; the first of around 200 at Wulkuraka near Ipswich where the maintenance centre is being built, and then Bombardier's headquarters at Milton where new trains are being designed.

At Wulkuraka about 87 per cent are local employees, Bombardier said on Wednesday.

At Milton the project's mechanical designers and engineer numbers have grown from 64 to "over 200".

However Bombardier could not say how many staff at their Milton office were locals.

Two experienced mechanical design experts question how many of these new design and engineering jobs are being filled by Australians.

They say the proportion of Indian draftsmen have increased to 75 per cent of the design team at Milton.

Brisbane's Luis Ordonez and a second mechanical design expert who asked to stay anonymous say Bombardier brought in Indian draftsmen for three weeks for electronic drafting training, and then appointed them to the design team.

The design specialist – who worked at Bombardier's Milton office for 12 months – said in his time 75 per cent of the people hired were from India and 25 per cent from elsewhere.

"They came from India and were basically being trained on the program that Bombardier use, which is CATIA," the man said.

"They are actually draftsman, but they weren't actually trained on the program. They wanted to teach them the program and then go back to India.

"But they are not only training them, but they are doing the skill work on the train development itself.

"There were quite a few of them; there were at least 75 per cent of them were Indian workers, compared to Australian workers.

"It is not only draftsmen, it is across the board. It's engineers as well.

"The ones that I was working with have been here for at least 12 months."

The man said the people did not go home after finishing their training.

The man said he was astonished that experienced rail design people he knew were not getting interviews.

"I don't know the political side of it, but it was pretty amazing to me that they wouldn't employ these people that had this previous experience."

Luis Ordonez's home office includes certificates of excellence for bus design from Brisbane's Lord Mayor Graham Quirk and from the Institute of Engineers for the Great Southern Express train's design team.

Mr Ordonez said he had designed "the exact same train model" for EDI Rail in Maryborough, producing a three-dimensional model of that new train, "that consisted of 300,000 parts".

"I could have been planted in and modelled my portion of the train, with maybe a refresher course in the software," he said.

"But that would have just been a two-to-three week refresher. I could have just hit the ground running," he said.

He said he became bewildered when he could not get an interview after being asked five separate times by a recruitment firm to apply for a designer's job at the project.

He said at that stage the recruitment firm apologised and said they "had no idea what was going on".

"He said we've been putting forward people with a lot more experience than you and they have been knocked back as well," Mr Ordonez said.

Mr Ordonez said he was told by the recruitment agency they were putting forward "three or four resumes at a time."

"And all of us were getting knocked back," he said.

Mr Ordonez said when people with extensive experience in rail design at the nationwide rail engineering firm United Goninan Limited were rejected, he began complaining to local politicians.

Bombardier's communications director Michael Clark could not on Wednesday afternoon say how many new designers and engineers were Queenslanders, but denied the Indian trainees were staying.

"We deny that, that is certainly not the case," Mr Clark.

Mr Clark said employees were bought over from their Indian plant as "observers".

"There are people coming from India to observe and understand how and what we are designing to build," he said.

"The people that are coming, they are coming to observe what we are doing."

He said production teams from Savli in India had been visiting the Milton office to understand the quality level, the finishings and specifications of the project.

"That is all they are doing," he said.

"They are not staying in Australia. The people that are here are either the local team or visitors that are coming from the greater Bombardier business.

"And they are here to learn what we want them to do.

"They are not coming here on 457 visas and we are not paying them Indian rates of pay."

The Queensland Government's Translink referred all questions to the Bombardier consortium.

A spokesman for Assistant Minister for Immigration and Border Protection, Senator Michaelia Cash, said the issue would be investigated.

"The Government has always made it clear that Australians must always have priority in the labour market to ensure skilled foreign workers act as a supplement to and not a substitute for Australian workers."

"There are a number of incentives inherent in the subclass 457 program for employers to employ Australians over skilled migrants, such as the genuineness test and the comparatively high costs that are associated with accessing the subclass 457 program."

The spokesman said a new immigration dob-in line could be used anonymously.

Telephone callers can phone 1800 009 623 or via the Immigration Department's website at https://www.immi.gov.au/Help/Pages/immigration-dob-in-service.aspx

In March 2015 the Senate approved an investigation – moved by Labor and backed by the crossbench senators - into potential misuse of overseas-based workers.

The Government did not back the inquiry saying its own investigations found no proof of overseas workers being used instead of Australians.

???
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BrizCommuter

Quote from: MichaelJ on April 02, 2018, 15:35:49 PM
Technology will have moved on by the mid-20s when Cross River Rail will open so I'd expect that there will be at least one more order of trains between now (2017) and then (2023-2026).  Probably somewhere between 30 and 50 6-Car Units to my thinking.

Queensland Rail haven't committed to the withdrawal of any additional rollingstock at this stage.

Just take a look at Sydney.  We ordered 78 8-Car Waratah Trains and have (recently-ish) committed to 24 8-Car Waratah Trains with the possibility of more.  They're the same base design with many improvements in security and technology.

In essence, order more '800 Series' trains when they're required and use the available technology at the time.  Seems logical to me.

The potential problem is with the NGR design issues and Palaszczuk's "Buy Queensland"policy. If it is decided to order a completely new design of trains, the work on this project needs to start in 2019 so that the trains are in service for CRR opening. Ordering more trains for CRR doesn't even seem to be on the radar for QLD politicians. High chance that it will be left too late.

MichaelJ

That I can't argue with. Some of the biggest gaps in history have occurred recently.

EMU concluded in 1987 and seven years later the 200 Series commenced in 1994 (cant really count the ICE because they weren't CityTrain).

160/260 Series concluded in 2011 and six year later in 2017, the 700 Series.
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ozbob

24 November 2017 Fraser Coast Chronicle --> Downer reveals why it pulled out of rail contract tenders

QuoteCOMPANY turmoil, not politics was behind the loss of Maryborough rail contracts despite claims from both major parties.

Downer says it was forced to pull out of a tender for rail contracts in 2010 when Premier Annastacia Palaszczuk was Transport Minister for the Bligh Government.

By the time Tim Nicholls was Treasurer for the Newman Government, Downer was not a contender.

A spokesman from Downer Rail yesterday confirmed CEO Michael Miller withdrew from the process because the company "had lost $400 million on a NSW public-private partnership."

The company line is in stark contrast to the LNP and Labor war of words. The parties blame each other for tender loss, which resulted in the next generation of Rollingstock being sent to India.

Then Treasurer Tim Nicholls and Transport Minister Scott Emerson announced the trains would be built for half-price by Bombardier in Mumbai in 2014.

Mechanical problems, including braking issues, disability access, heating systems and air conditioning, soon emerged when the trains returned to Australia.

Maryborough MP Bruce Saunders has leveraged his campaign on the LNP being responsible for the train contracts being sent overseas.

But the LNP is adamant the fault is with Labor for Downer pulling out of the tender process at the time.

Shadow Transport Minister Andrew Powell said the company pulled out of the tender at a time when payment fees of up to $1 million were required.

Despite all this, the Permier and Bruce Saunders are currently riding on a high after pledging $150 million to repair the trains at Maryborough's Downer factory.

Maryborough LNP candidate Richard Kingston said the party supports more manufacturing in Queensland.

"Our Buy Local policy will mandate a Local Content Plan for projects over $100 million and provide a Price Match Guarantee," Mr Kingston said.

One Nation candidate James Hansen said all trains that run in Queensland would be build in Queensland if One Nation holds the balance of power.

" Downer says it was forced to pull out of a tender for rail contracts in 2010 when Premier Annastacia Palaszczuk was Transport Minister for the Bligh Government. "
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10 March 2011 Couriermail --> Downer EDI pulls out of Queensland Rail contract putting more than 1000 jobs at risk

QuoteMORE than 1000 jobs are at risk in Queensland after Downer EDI pulled out of a tender to build 200 three-car passenger trains for Queensland Rail.

The company said the terms and conditions relating to the bid and the conditions of the contract were too onerous and the risks borne by the contractor were too great to proceed with the bid and incur tender costs of more than $10 million.

The company could not say what the job impact would be at its Maryborough base because it may win other contracts. However, it confirmed there would be a job impact.

The Australian Manufacturing Workers Union said none of the other companies tendering had pulled out so the conditions of the contract were still considered by them to be workable.

"We're now calling on the State Government to bring the remaining tenderers together to see if any provisions for local jobs can be built into their tenders,'' AMWU secretary Andrew Dettmer said.

"We think Downer EDI's decision has a lot to do with trying to curry favour with the stock market and appease shareholders rather than the terms of the contract.''
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