2008 WAIRC 01483
PUBLIC TRANSPORT AUTHORITY RAIL CAR 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 SENIOR COMMISSIONER J H SMITH
DATE WEDNESDAY, 8 OCTOBER 2008
FILE NO/S APPL 1 OF 2008
CITATION NO. 2008 WAIRC 01483

Result Award varied
Representation


APPLICANT MR D J MATTHEWS (OF COUNSEL)

RESPONDENT MR G W FERGUSON


Order
Having heard Mr D J Matthews, of counsel, on behalf of the Applicant and Mr G W 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 Rail Car Drivers (Transperth Train Operations) Award 2006 be varied in accordance with the following schedule and that such variation shall have effect from 17 February 2008.



SENIOR COMMISSIONER J H SMITH


SCHEDULE

1. Clause 3.2. – Overtime: Delete subclauses 3.2.3 and 3.2.4 of this clause and insert the following in lieu thereof:

3.2.3 Weekly - Overtime

All time (exclusive of Sunday time) worked in excess of forty hours in any one week shall be paid at the rate of time and a half.

3.2.4 Sunday and Saturday

(a) All time worked on a Sunday shall be paid at the rate of double time, and all ordinary time worked on Saturdays by shift employees shall be paid at time and a half.

(b) When Saturday is an additional shift all time worked will be paid at double time.

For the purposes of this sub-paragraph “shift employees” means employees whose usual hours of duty commence and complete other than during the period 0700 hours and 1730 hours.

(c) No employee shall be brought on duty on a Sunday for less than five hours’ work.


2. Clause 4.3. – Suburban Electric Railcar Allowance: Delete paragraph (a) of subclause 4.3.1 of this clause and insert the following in lieu thereof:

4.3.1 (a) An employee qualified in the operation of electric suburban railcars and who, for any shift or part of a shift is rostered to work as driver on the suburban rail system shall, for the whole of that shift, be paid the following rate of allowance in addition to the appropriate rate of pay.



Rate per week



(1)
First Year
$32.18



(2)
Thereafter
$32.55



(3)
Special Case
$33.04

3. Clause 5.4. – Uniforms and Protective Clothing: Delete subclause 5.4.1 of this clause and insert the following in lieu thereof:

5.4.1 The following uniforms and protective clothing shall be supplied by the employer without cost –

(a)
Initial Issue
3 pairs long trousers


Or



1 pair long trousers
2 pairs shorts
3 pairs walk socks


And
3 shirts either long or short sleeve
1 pullover
1 Castro fleecy lined three quarter jacket
1 leather belt

(b)
Each year thereafter -
2 pairs long trousers


Or



1 pair long trousers
2 pairs shorts
3 pairs walk socks


And
3 shirts either long or short sleeve

(c)
In addition -
1 pullover each two years
1 Castro fleecy lined three quarter jacket each four years
1 leather belt on an as required basis, but not more than one every two years


4. Clause 6.2. – Annual Leave: Delete subclause 6.2.4 and insert the following in lieu thereof:

6.2.4 Annual Leave Loadings

If the annual leave loading gives a greater amount than the amount of loading calculated in accordance with Clause 6.2.1 or 6.2.2 or 6.2.3 as the case may be, an employee shall be entitled to payment of –

(a) Shift penalties Monday to Friday inclusive; and

(b) Saturday penalty,

which the employee would have received for ordinary time had the employee not proceeded on annual leave, in lieu of such loadings.

(c) The annual leave loading shall not exceed the Average Weekly Total Earnings of all males in Western Australia as published by the Australian Bureau of Statistics for the September Quarter of the year immediately preceding that in which the leave commences.