PUBLIC TRANSPORT AUTHORITY (TRANSWA) 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 140 OF 2010

CITATION NO. 2011 WAIRC 01026

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 (Transwa) 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 1 July 2011.

Commissioner S J Kenner

SCHEDULE A

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

5.1 - SHIFT WORK

5.1.1 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 $2.32 an hour on all time paid at ordinary rate.

5.1.2 On a night shift, which commences at or between 1800 and 0359 hours, an employee will be paid an allowance of $2.68 an hour on all time paid at ordinary rate.

5.1.3 On an early morning shift, which commences at or between 0400 and 0530, an employee will be paid an allowance of $2.32 an hour on all time paid at ordinary rate.

5.1.4 In addition to the hourly shift work allowance, an employee will be paid an allowance of $2.68 for any shift where the ordinary time commences or finishes at or between 0101 hours and 0359 hours.

5.1.5 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.

5.1.6 The above rates will be adjusted by a percentage derived from the State Wage General Order as amended or superseded, applied to the key classification rate of REA4 of the Railway Employees Award No 18 of 1969, using the procedure stated in ROUNDING OF ALLOWANCES (87 WAIG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

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

5.2 - TEMPORARY TRANSFER ALLOWANCE

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, and in addition:

(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.

5.2.2 Clause 5.2.1(a) will be adjusted in accordance with changes to the Department of Transport Taxi Industry Board (as reorganised, renamed or superseded) metropolitan weekday daytime taxi fare distance rate per km.

Clause 5.2.1(b) 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 directed by the employer to be on call outside the ordinary hours of duty will be paid an allowance of $3.85 per hour for all time on call.

That 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).

4. Clause 5.5 - Away From Home And Meal Allowances:

 A. Delete subclause 5.5.2 of this clause and insert the following in lieu thereof:

5.5.2 Railcar Drivers, Coordinator and Road Coach Operators will be paid an allowance to reimburse the costs of meals and incidentals when on roster and required to stay overnight away from home. This allowance will be calculated on the time between booking on and booking off from the home depot at the rate of $25.40 for each 8 hour period and, where less than 8 hours is worked, at the rate of  $6.35 for each 2 hour period or part thereof worked.

 B. Immediately following subclause 5.5.4 of this clause insert a new subclause as per the following:

5.5.5 The rate “for each 2 hour period or part thereof worked” 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).

The rate “for each 8 hour period” in 5.5.2 above will be four times the rate “for each 2 hour period or part thereof worked.

SCHEDULE B

1. Clause 5.2 - Temporary Transfer Allowance:  Delete subclause 5.2.1 and paragraph (a) of that subclause 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 $1.55 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, and in addition:

SCHEDULE C

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

5.1 - SHIFT WORK

5.1.1 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.

5.1.2 On a night shift, which commences at or between 1800 and 0359 hours, an employee will be paid an allowance of $2.75 an hour on all time paid at ordinary rate.

5.1.3 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.

5.1.4 In addition to the hourly shift work allowance, an employee will be paid an allowance of $2.75 for any shift where the ordinary time commences or finishes at or between 0101 hours and 0359 hours.

5.1.5 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.

5.1.6 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).

2. Clause 5.2 - Temporary Transfer Allowance:

 A. 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.

 B. Delete subclause 5.2.2 of this clause and insert the following in lieu thereof:

5.2.2 Clause 5.2.1(b) 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 directed by the employer to be on call outside the ordinary hours of duty will be paid an allowance of $3.95 per hour for all time on call. 

That 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).

4. Clause 5.5 - Away From Home And Meal Allowances:  Delete subclause 5.5.2 of this clause and insert the following in lieu thereof:

5.5.2 Railcar Drivers, Coordinator and Road Coach Operators will be paid an allowance to reimburse the costs of meals and incidentals when on roster and required to stay overnight away from home. This allowance will be calculated on the time between booking on and booking off from the home depot at the rate of $26.05 for each 8 hour period and, where less than 8 hours is worked, at the rate of  $6.50 for each 2 hour period or part thereof worked.