PUBLIC TRANSPORT AUTHORITY RAILCAR DRIVERS (TRANSPERTH TRAIN OPERATIONS) AWARD 2006

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES The Chief Executive Officer, Public Transport Authority

APPLICANT

-v-

The Australian Rail, Tram and Bus Industry Union of Employees, West Australian Branch

RESPONDENT

CORAM Commissioner J H Smith

DATE Friday, 24 March 2006

FILE NO/S APPL 26 OF 2006

CITATION NO. 2006 WAIRC 04025

Result Award varied

Representation

Applicant Mr S Majeks

Respondent Mr G W Ferguson

Order

Having heard Mr Majeks on behalf of the Applicant and Mr Ferguson on behalf of the Respondent, and by consent, the Commission pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders –

THAT the Public Transport Authority Railcar Drivers (Transperth Train Operations) Award 2006 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 24 March 2006.

Commissioner J H Smith

SCHEDULE

1. Clause 3.2 – Overtime:  After subclause 3.2.4 – Sunday and Saturday, insert a new subclause 3.2.5 – Bans and Limitations as follows:

3.2.5 Bans and Limitations

(a) The employer may require any employee to work reasonable additional hours at the additional hour rates provided under this Award, and such employee shall not unreasonably refuse to comply with such request, provided that an employee may refuse to work such additional hours if the employee has a family or community commitment or medical appointment.  The employer shall be entitled to require evidence in relation to the commitment claimed by the employee.

(b) No union or employee covered by this Award shall, in any way, whether directly or indirectly, be a party to or concerned in any ban, limitation or restriction upon the working of overtime in accordance with the requirements of subclause 3.2.5(a).