TRANSPORT WORKERS' (NORTH WEST PASSENGER VEHICLES) AWARD, 1988

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Transport Workers' Union of Australia, Industrial Union of Workers, Western Australian Branch

APPLICANT

-v-

Fortesque Bus Service Pty LTD AND OTHERS

RESPONDENTS

CORAM Commissioner J H Smith

DATE WEDNESday, 15 March 2006

FILE NO/S APPL 12 OF 2006

CITATION NO. 2006 WAIRC 03953

Result Varied

Representation

Applicant Mr N J Hodgson

Respondents No appearance

Order

Having heard Mr Hodgson on behalf of the Applicant and no appearance on behalf of the Respondents, the Commission pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders –

THAT the Transport Workers’ (North West Passenger Vehicles) Award, 1988 be varied in accordance with the following schedule and that such variation shall have effect from the beginning of the first pay period commencing on or after 15 March 2006.

Commissioner J H Smith

Schedule

1. Clause 6. – Wages: Delete subclause (2) and insert the following in lieu thereof:

(2) A leading hand shall be paid a rate exceeding the highest rate of the workers he/she supervises by an amount of $24.20 per week.

2. Clause 21. – Service Grants:  Delete clause 21 and insert the following in lieu thereof:

21. – SERVICE GRANTS

A full time employee who has been in the continuous service of an employer, successor, assignee or transmittee of such employer shall be paid the following amounts in addition to his or her weekly wage as prescribed in Clause 6. – Wages, of this Award.

A part-time employee shall receive a pro-rata entitlement to service pay in the same proportion as the number of ordinary hours worked per week bears to thirty-eight.

3. Clause 22. – Meal Allowances:  Delete subclauses (1), (2), (3) and (3) and insert the following in lieu thereof:

(1) An employee required to work without being notified on the previous day, overtime for two hours or more shall be supplied with a reasonable meal by the employer or paid $7.84 for a meal.

(2) If the amount of overtime required to be worked necessitates a second or subsequent meal, the employer shall provide such meals or pay an amount of $5.36 for each such second or subsequent meal.

(3) No such payments need to be made to an employee living in the same locality as his place of work who can reasonably return home for such meals.

(4) Every employee shall be allowed each day a meal break of not less than 30 minutes nor more than one hour, to commence at any time between the end of the third and end of the fifth hour of the day's employment.

4. Clause 23. – Annual Leave Travel Assistance:  Delete subclauses (1), (2) and (4) and insert the following in lieu thereof:

(1) A travel allowance of $279.70 shall be paid to a full-time employee on the commencement of annual leave.

(2) Part time employees shall receive a pro-rata entitlement to annual leave travel assistance in the same proportion as the number of ordinary hours worked per week bears to thirty-eight.

(3) This allowance shall only be payable in respect of those employees whose usual place of residence is North of the 26th parallel of South Latitude.

5. Clause 29. - Split Shift Allowance:  Delete this subclause and insert the following in lieu thereof:

Any employee who is rostered to work any two shifts in any one day that are broken by more than one hour or any employee who is rostered in such a way that there is more than one break in the working day and the break or breaks are more than one hour in duration shall be paid a split shift allowance of $7.15.