PUBLIC TRANSPORT AUTHORITY RAIL CAR DRIVERS (TRANSPERTH TRAIN OPERATIONS) AWARD 2006

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

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

APPLICANT

-v-

Public Transport Authority

RESPONDENT

CORAM Commissioner S J Kenner

DATE MONDAY, 14 November 2011

FILE NO/S APPL 129 OF 2010

CITATION NO. 2011 WAIRC 01024

Result Award varied

Representation

Applicant Mr R Raven

Respondent Ms J Allen-Rana

Order

HAVING heard Mr R Raven on behalf of the applicant and Ms J Allen-Rana 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 schedules and:

1. THAT the variations in Schedule A shall have effect from the beginning of the first pay period on or after 15 July 2010.

2. THAT the variations in Schedule B shall have effect from the beginning of the first pay period on or after 1 July 2011.

Commissioner S J Kenner

SCHEDULE A

1. Clause 4.3. - Suburban Electric Railcar Allowance:  Delete this clause and insert the following in lieu thereof:

4.3. - SUBURBAN ELECTRIC RAILCAR ALLOWANCE

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 allowance in addition to the appropriate rate of pay.

(b) For the purpose of this sub-clause “driver” shall include “shed driver” provided that a shed driver in receipt of the above allowance shall be available and capable of being rostered for passenger operations.

(c) The above rates will be adjusted by a percentage derived from the State Wage General Order as amended or superseded, applied to the key classification rate of Rail Car Driver of the Public Transport Authority Rail Car Drivers (Transperth Train Operations) Award 2006, using the procedure stated in ROUNDING OF ALLOWANCES (87 WAIG 1502).

2. Clause 5.1 – Shift Work:  Delete this clause and insert the following in lieu thereof:

5.1. - SHIFT WORK

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 $2.38 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 $2.76 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 $2.38 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 $2.76 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.

(f) The above rates will be adjusted by a percentage derived from the State Wage General Order as amended or superseded, applied to the key classification rate of REA4 of the Railway Employees Award No 18 of 1969, using the procedure stated in ROUNDING OF ALLOWANCES (87 WAIG 1502).

SCHEDULE B

1. Clause 4.3. - Suburban Electric Railcar Allowance:  Delete this clause and insert the following in lieu thereof:

4.3. - SUBURBAN ELECTRIC RAILCAR ALLOWANCE

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 allowance in addition to the appropriate rate of pay.

(b) For the purpose of this sub-clause “driver” shall include “shed driver” provided that a shed driver in receipt of the above allowance shall be available and capable of being rostered for passenger operations.

(c) The above rates will be adjusted by a percentage derived from the State Wage General Order as amended or superseded, applied to the key classification rate of Rail Car Driver of the Public Transport Authority Rail Car Drivers (Transperth Train Operations) Award 2006, using the procedure stated in ROUNDING OF ALLOWANCES (87 WAIG 1502).

2. Clause 5.1 – Shift Work:  Delete this clause and insert the following in lieu thereof:

5.1. - SHIFT WORK

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 $2.44 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 $2.83 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 $2.44 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 $2.83 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.

(f) The above rates will be adjusted by a percentage derived from the State Wage General Order as amended or superseded, applied to the key classification rate of REA4 of the Railway Employees Award No 18 of 1969, using the procedure stated in ROUNDING OF ALLOWANCES (87 WAIG 1502).