Public Transport Authority -v- The Australian Rail, Tram and Bus Industry Union of Employees, West Australian Branch
Document Type: Order
Matter Number: APPL 131/2008
Matter Description: Public Transport Authority Rail Car Drivers (Transperth Train Operations) Award 2008
Industry: Transport Industry
Jurisdiction: Single Commissioner
Member/Magistrate name: Senior Commissioner J H Smith
Delivery Date: 14 Jan 2009
Result: Varied
Citation: 2009 WAIRC 00011
WAIG Reference: 89 WAIG 341
PUBLIC TRANSPORT AUTHORITY RAIL CAR DRIVERS (TRANSPERTH TRAIN OPERATIONS) AWARD 2008
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES 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, 14 JANUARY 2009
FILE NO/S APPL 131 OF 2008
CITATION NO. 2009 WAIRC 00011
Result Varied
Representation
APPLICANT MS J BISHOP
RESPONDENT MR G FERGUSON
Order
HAVING heard Ms J Bishop on behalf of the applicant and Mr G Ferguson on behalf of 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 the beginning of the first pay period commencing on or after 1 December 2008.
SENIOR COMMISSIONER J H SMITH
SCHEDULE
1. Clause 5.1. - Shift Work: Delete subclause 5.1.1 of this clause and insert the following in lieu thereof:
5.1.1 The employer may, if the employer so desires, work any part of its business on shifts in accordance with the following provisions;
(a) On an afternoon shift which commences before 1800 hours and the ordinary time of which concludes at or after 1830 hrs, an employee will be paid an allowance of $2.29 an hour on all time paid at ordinary rate.
(b) On a night shift, which commences at or between 1800, and 0359 hours, an employee will be paid an allowance of $2.66 an hour on all time paid at ordinary rate.
(c) On an early morning shift, which commences at or, between 0400 and 0530, an employee will be paid an allowance of $2.29 an hour on all time paid at ordinary rate.
(d) In addition to the hourly shift work allowance, an employee will be paid an allowance of $2.66 for any shift where the ordinary time commences or finishes at or between 0101 hours and 0359 hours.
(e) In calculating the allowance under this clause, broken parts of an hour less than thirty minutes on any shift shall be disregarded and thirty minutes to fifty-nine minutes paid as one hour.
PUBLIC TRANSPORT AUTHORITY RAIL CAR DRIVERS (TRANSPERTH TRAIN OPERATIONS) AWARD 2008
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES 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, 14 January 2009
FILE NO/S APPL 131 OF 2008
CITATION NO. 2009 WAIRC 00011
Result Varied
Representation
Applicant Ms J Bishop
Respondent Mr G Ferguson
Order
HAVING heard Ms J Bishop on behalf of the applicant and Mr G Ferguson on behalf of 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 the beginning of the first pay period commencing on or after 1 December 2008.
Senior Commissioner J H Smith
SCHEDULE
1. Clause 5.1. - Shift Work: Delete subclause 5.1.1 of this clause and insert the following in lieu thereof:
5.1.1 The employer may, if the employer so desires, work any part of its business on shifts in accordance with the following provisions;
(a) On an afternoon shift which commences before 1800 hours and the ordinary time of which concludes at or after 1830 hrs, an employee will be paid an allowance of $2.29 an hour on all time paid at ordinary rate.
(b) On a night shift, which commences at or between 1800, and 0359 hours, an employee will be paid an allowance of $2.66 an hour on all time paid at ordinary rate.
(c) On an early morning shift, which commences at or, between 0400 and 0530, an employee will be paid an allowance of $2.29 an hour on all time paid at ordinary rate.
(d) In addition to the hourly shift work allowance, an employee will be paid an allowance of $2.66 for any shift where the ordinary time commences or finishes at or between 0101 hours and 0359 hours.
(e) In calculating the allowance under this clause, broken parts of an hour less than thirty minutes on any shift shall be disregarded and thirty minutes to fifty-nine minutes paid as one hour.