Western Australian Industrial Relations Commission

Alleged contravention of lunch on road clause

The Industrial Magistrates Court has dismissed a claim brought by the Transport Workers’ Union of Australia (TWU) who alleged that the respondent employer had breached a clause of the Chubb Security Services Ltd, Western Australia, Armoured Vehicle Operators Enterprise Agreement 2011-2015 which stated that a ‘two person crew is able to operate in a ‘lunch on road’ in the Rockingham and Mandurah areas only’ (the Lunch on Road Clause). On four occasions between October and November 2016, two person crews were required to take “lunch on the road” when they travelled to the country locations outside of Rockingham and Mandurah, namely to Geraldton, Margaret River and the Southwest of WA.

Industrial Magistrate Flynn found that, properly construed, the Lunch on Road Clause required the employer to give due consideration to the safety of employees when determining whether the circumstances of travel to country locations required a two person crew or a three person crew.

Flynn IM dismissed the TWU’s claim after finding that there was no evidence of a safety issue being ignored by the employer when allocating a two person crew to the country runs the subject of the claim.

Flynn IM further observed that the respondent had not complied with the Consultative Committee Clause but did not make any finding that the non-compliance was a contravention of a civil penalty provision.

The decision can be read here.

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