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 139 OF 2010

CITATION NO. 2011 WAIRC 01025

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 26 August 2010.

2. THAT the variations in Schedule B shall have effect from the beginning of the first pay period on or after 13 December 2010.

3. THAT the variations in Schedule C shall have effect from the beginning of the first pay period on or after 27 April 2011.

4. THAT the variations in Schedule D 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 3.3. - Meal And Rest Breaks:   Delete paragraph (b) of subclause 3.3.2 of this clause and insert the following in lieu thereof:

(b) The employer shall provide such employee a meal allowance of $11.80 to cover the cost associated with the purchase of foods associated with the taking of a second crib.

The above rate will be adjusted in accordance with the official movements in the Consumer Price Index (CPI)- Food (Perth) as measured for the preceding 12 months at the end of the March quarter by the Australian Bureau of Statistics.

2. Clause 5.2. - Temporary Transfer Allowance:  Delete subclause 5.2.1 of this clause and insert the following in lieu thereof:

5.2.1 When an employee in the metropolitan area is required to work at another metropolitan depot other than the depot at which the employee is stationed the following shall apply:

(a) When the distance the employee is required to travel from the employee's usual place of residence to the depot where the employee is temporarily working is greater than the distance the employee is required to travel from his usual place of residence to the employee's home depot, the employee shall be paid an allowance of $1.48 per kilometre in both directions for the extra distance the employee is required to travel.  Such allowance as specified in this paragraph is in recognition of the cost and time taken for the extra distance to be travelled.

The rate referred to above will be adjusted from time to time in accordance with the Department of Transport Taxi Industry Board (as renamed or superseded) metropolitan weekday daytime taxi fare distance rate per km.

(b) When the period of relief is for one week or less the allowance of $6.45 per shift shall be paid in recognition of the disruption to the employee’s normal roster.

The above rate 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).

3. Clause 5.3. - On Call Allowance:  Delete subclause 5.3.1 of this clause and insert the following in lieu thereof:

5.3.1 Employees on call outside the ordinary hours of duty will be paid an allowance of $3.55 per hour for all time on call.

The above rate 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 5.2. - Temporary Transfer Allowance:  Delete paragraph (a) of subclause 5.2.1 of this clause and insert the following in lieu thereof:

(a) When the distance the employee is required to travel from the employee's usual place of residence to the depot where the employee is temporarily working is greater than the distance the employee is required to travel from his usual place of residence to the employee's home depot, the employee shall be paid an allowance of $1.55 per kilometre in both directions for the extra distance the employee is required to travel.  Such allowance as specified in this paragraph is in recognition of the cost and time taken for the extra distance to be travelled.

The rate referred to above will be adjusted from time to time in accordance with the Department of Transport Taxi Industry Board (as renamed or superseded) metropolitan weekday daytime taxi fare distance rate per km.

SCHEDULE C

1. Clause 3.3. - Meal And Rest Breaks:   Delete paragraph (b) of subclause 3.3.2 of this clause and insert the following in lieu thereof:

(b) The employer shall provide such employee a meal allowance of $12.15 to cover the cost associated with the purchase of foods associated with the taking of a second crib.

The above rate will be adjusted in accordance with the official movements in the Consumer Price Index (CPI)- Food (Perth) as measured for the preceding 12 months at the end of the March quarter by the Australian Bureau of Statistics.

SCHEDULE D

1. Clause 5.2. - Temporary Transfer Allowance:  Delete paragraph (b) of subclause 5.2.1 of this clause and insert the following in lieu thereof:

(b) When the period of relief is for one week or less the allowance of $6.60 per shift shall be paid in recognition of the disruption to the employee’s normal roster.

The above rate 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).

2. Clause 5.3. - On Call Allowance:  Delete subclause 5.3.1 of this clause and insert the following in lieu thereof:

5.3.1 Employees on call outside the ordinary hours of duty will be paid an allowance of $3.64 per hour for all time on call.

The above rate 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).