RAILWAY EMPLOYEES' AWARD NO. 18 OF 1969

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

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

APPLICANT

-v-

Public Transport AuthoritY AND OTHERS

RESPONDENTS

CORAM Commissioner S J Kenner

DATE MONDAY, 14 November 2011

FILE NO/S APPL 141 OF 2010

CITATION NO. 2011 WAIRC 01028

Result Award Varied

Representation

Applicant   Mr R Raven

Public Transport Authority Ms J Allen-Rana

Other Respondents No Appearance

Order

HAVING heard Mr R Raven on behalf of the applicant and Ms J Allen-Rana on behalf of the Public Transport Authority, there being no appearance by the other respondents, and by consent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders –

THAT the Railway Employees' Award No. 18 of 1969 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 on and 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 4.3 – Experience Allowance:  Delete this clause and insert the following in lieu thereof:

4.3. - Experience Allowance

Employees classified at levels 4 to 7 inclusive shall be paid the following allowance as part of the ordinary base rate of pay for all purposes:

After 12 months service with the employer - $   5.70

After 24 months service with the employer - $ 11.40

The above rates will be adjusted by a percentage derived from the State Wage General Order as amended or superseded, applied to the key classification rate of REA4 of the Railway Employees Award No 18 of 1969, using the procedure stated in ROUNDING OF ALLOWANCES (87 WAIG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 4.4 – Tool Allowance:  Delete subclause 4.4.1 and paragraph (a) of this clause and insert the following in lieu thereof:

4.4.1 All tradespersons shall be paid a tool allowance in accordance with the following provisions:

(a) Where the employer does not provide a tradesperson or an apprentice with the tools ordinarily required by that trades person or apprentice in the performance of work as a tradesperson or as an apprentice the employer shall pay a tool allowance of $14.00 per week to such tradesperson/apprentice.

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 4.5 - Leading Hands:  Delete this clause and insert the following in lieu thereof:

4.5. - LEADING HANDS

Leading Hands shall be paid the following rate per week:

(a) Class 3

When in charge of not less than three and not more than ten others, paid $26.00 extra per week

(b) Class 2 

When in charge of more than 10 but fewer than twenty others, paid $39.20 extra per week

(c) Class 1

When in charge of more than twenty others, paid $50.40 extra per week

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).

4. Clause 4 6. - Electricial Licence Allowance:  Delete this clause and insert the following in lieu thereof:

4 6. - ELECTRICAL LICENCE ALLOWANCE

An electronics tradesperson, an electrical fitter and/or armature winder or an electrical installer who holds and in the course of his or her employment may be required to use a current “A” grade or “B” grade licence issued pursuant to the relevant regulation in force in the 28th day of February, 1978 under the Electricity Act, 1948 shall be paid an allowance of $18.60 per week.

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).

5. Clause 5.1 – On Call Allowances:  Delete subclause 5.1.2 - On Call Allowance of this clause and insert the following in lieu thereof:

5.1.2 On Call Allowance

An employee who is directed by the Head of Branch or other duly authorized officer to be available on call outside the ordinary hours of duty as prescribed in Part 3 of this Award, shall be paid an On Call allowance of $3.85 per hour.

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).

6. Clause 5.3. - After Hours Contact: Meals And Expenses:  Delete paragraph (a) of subclause 5.3.1 Meal Breaks of this clause and insert the following in lieu thereof:

(a) An employee who having responded to a call is unable to return to the employee’s home during a recognized meal period for a meal shall be supplied with a meal or be paid a meal allowance of $10.25 as provided under this Award.

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.

7. 5.4. - Away from Home Allowances:

 A. Delete subclause 5.4.2 of this clause and insert the following in lieu thereof:

5.4.2 Where sub clause 5.4.1. applies, the employee shall be paid an allowance of $41.85 per day except when the accommodation includes dining facilities and meals, in which case an allowance of $31.35 per day shall be paid.

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).

 B. Delete subclause 5.4.3 of this clause and insert the following in lieu thereof:

5.4.3 Where the employer does not provide accommodation, the employee shall be entitled to an allowance to cover accommodation, meals and incidentals as follows.  The rates in this subclause shall be adjusted automatically in line with variations to Schedule I, Travelling, Transfer and Relieving Allowances in the Public Service Award 1992.

 C. Delete subclause 5.4.5 of this clause and insert the following in lieu thereof:

5.4.5 When an employee is required by the employer to attend a training course, seminar or other such meeting which involve an overnight stay away from the employee’s home or lodging, the employee, at the discretion of the employer, may be provided with accommodation and meals and if so provided shall be paid an incidental allowance of $11.00 per day.

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).

8. Clause 5.6. - Travelling Time – Traffic:  Delete subclauses 5.6.1., 5.6.2 and 5.6.3 of this clause and insert the following in lieu thereof:

5.6.1 When a Traffic Section employee in the suburban area is required to temporarily work at a suburban depot or station other than the depot or station at which the employee is usually stationed the following shall apply, unless the employee is compensated through an “end station” or “other line” allowance which would apply instead of this provision. -

5.6.2 When the distance the employee is required to travel from the 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 the usual place of residence to the employees 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 travelled.  It will be adjusted from time to time in accordance with changes to the Department of Transport Taxi Industry Board (as reorganised, renamed or superseded) metropolitan weekday Tariff 1 rate per km.

5.6.3 When the period of relief is for one week or less an allowance of $6.45 per shift shall be paid in recognition of the disruption to the employee’s normal roster.  This allowance is in addition to that provided in sub clause 5.6.2.

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).

9. Clause 5.7 Meal Allowance:  Delete this clause and insert the following in lieu thereof:

5.7.1 Refreshment Allowance

An employee employed in the actual running of trains whose shift is extended by more than two hours and the total duration of the shift exceeds ten hours, shall be paid a refreshment allowance of $5.15 where:

(a) Notification of the requirement to work an extended shift was not given prior to the finish of the preceding shift; and

(a)                 The employee is not entitled to a meal allowance as prescribed elsewhere in this Award.

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.

5.7.2 Meal Allowance

Where an employee is required to work beyond ordinary rostered hours without being notified on the previous day, the employee shall be provided with a meal or be paid $10.25 in lieu where:

(a) The employee is in an Other Than Traffic position, and is required to so work for more than 1 hour, or until after 1800 hours; or

(b) The employee is in a Traffic classification, and the rostered hours of duty have been extended by more than one hour beyond the recognised meal period.

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.

10. Clause 5.8 - Shifts And/Or Night Work Allowance - (Six - Day Shift Work):  Delete subclause 5.8.1 of this clause and insert the following in lieu thereof:

5.8.1 The employer may, if the employer so desires, work any part of the establishment on shift work as part of the 38 ordinary hours per week, Monday to Saturday.  The employer shall consult affected employees beforehand, and notify the Union of the intention to introduce shift work.  The employer shall post the shift work roster at least 14 days in advance of the start date.

(a) On an afternoon shift, which commences before 1800 hrs and the ordinary time of which concludes at or after 1830 hours will be paid an allowance of $2.32 an hour on all time paid at the ordinary rate.

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

(c) On an early morning shift, which commences at or between 0400 hours and 0530 hours, will be paid an allowance of $2.32 an hour for all time paid at ordinary rate.

(d) 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.

(e) The provisions of subparagraphs (a) to (d) of this clause will not apply to employee’s continuously on shifts, which start and finish between 1800 and 0600 hours. These employees will be paid night work allowance for ordinary paid time on duty between those hours at the rate of $2.76 per hour.

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 5.6 - TRAVELLING TIME – TRAFFIC:  Delete subclause 5.6.2 of this clause and insert the following in lieu thereof:

5.6.2 When the distance the employee is required to travel from the 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 the usual place of residence to the employees 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 travelled.  It will be adjusted from time to time in accordance with changes to the Department of Transport Taxi Industry Board (as reorganised, renamed or superseded) metropolitan weekday Tariff 1 rate per km.

SCHEDULE C

1. Clause 5.3. - After Hours Contact: Meals And Expenses:  Delete paragraph (a) of subclause 5.3.1 Meal Breaks of this clause and insert the following in lieu thereof:

(a) an employee who having responded to a call is unable to return to the employee’s home during a recognized meal period for a meal shall be supplied with a meal or be paid a meal allowance of $10.55 as provided under this Award.

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 5.7 Meal Allowance:  Delete this clause and insert the following in lieu thereof:

5.7.1 Refreshment Allowance

An employee employed in the actual running of trains whose shift is extended by more than two hours and the total duration of the shift exceeds ten hours, shall be paid a refreshment allowance of $5.30 where:

(a) Notification of the requirement to work an extended shift was not given prior to the finish of the preceding shift; and

(b)                The employee is not entitled to a meal allowance as prescribed elsewhere in this Award.

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.

5.7.2 Meal Allowance

Where an employee is required to work beyond ordinary rostered hours without being notified on the previous day, the employee shall be provided with a meal or be paid $10.55 in lieu where:

(a) The employee is in an Other Than Traffic position, and is required to so work for more than 1 hour, or until after 1800 hours; or

(b) The employee is in a Traffic classification, and the rostered hours of duty have been extended by more than one hour beyond the recognised meal period.

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 4.3 – Experience Allowance:  Delete this clause and insert the following in lieu thereof:

4.3. - Experience Allowance

Employees classified at levels 4 to 7 inclusive shall be paid the following allowance as part of the ordinary base rate of pay for all purposes:

After 12 months service with the employer - $   5.80

After 24 months service with the employer - $ 11.70

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 4.4 – Tool Allowance:  Delete subclause 4.4.1 and paragraph (a) of this clause and insert the following in lieu thereof:

4.4.1 All tradespersons shall be paid a tool allowance in accordance with the following provisions:

(a) Where the employer does not provide a tradesperson or an apprentice with the tools ordinarily required by that trades person or apprentice in the performance of work as a tradesperson or as an apprentice the employer shall pay a tool allowance of  $14.40 per week to such tradesperson/apprentice.

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 4.5 - Leading Hands:  Delete this clause and insert the following in lieu thereof:

4.5. - LEADING HANDS

Leading Hands shall be paid the following rate per week:

(a) Class 3

When in charge of not less than three and not more than ten others, paid $26.70 extra per week

(b) Class 2 

When in charge of more than 10 but fewer than twenty others, paid $40.20 extra per week

(c) Class 1

When in charge of more than twenty others, paid $51.70 extra per week

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).

4. Clause 4 6. - Electricial Licence Allowance:  Delete this clause and insert the following in lieu thereof:

4 6. - ELECTRICAL LICENCE ALLOWANCE

An electronics tradesperson, an electrical fitter and/or armature winder or an electrical installer who holds and in the course of his or her employment may be required to use a current “A” grade or “B” grade licence issued pursuant to the relevant regulation in force in the 28th day of February, 1978 under the Electricity Act, 1948 shall be paid an allowance of $19.10 per week.

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).

5. Clause 5.1 – On Call Allowances:  Delete subclause 5.1.2 - On Call Allowance of this clause and insert the following in lieu thereof:

5.1.2 On Call Allowance

An employee who is directed by the Head of Branch or other duly authorized officer to be available on call outside the ordinary hours of duty as prescribed in Part 3 of this Award, shall be paid an On Call allowance of $3.95 per hour.

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).

6. 5.4. - Away from Home Allowances:

 A. Delete subclause 5.4.2 of this clause and insert the following in lieu thereof:

5.4.2 Where sub clause 5.4.1. applies, the employee shall be paid an allowance of $42.95 per day except when the accommodation includes dining facilities and meals, in which case an allowance of $32.15 per day shall be paid.

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).

 B. Delete subclause 5.4.5 of this clause and insert the following in lieu thereof:

5.4.5 When an employee is required by the employer to attend a training course, seminar or other such meeting which involve an overnight stay away from the employee’s home or lodging, the employee, at the discretion of the employer, may be provided with accommodation and meals and if so provided shall be paid an incidental allowance of $11.30 per day.

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).

7. Clause 5.6. - Travelling Time – Traffic:  Delete subclause 5.6.3 of this clause and insert the following in lieu thereof:

5.6.3 When the period of relief is for one week or less an allowance of $6.60 per shift shall be paid in recognition of the disruption to the employee’s normal roster. This allowance is in addition to that provided in sub clause 5.6.2

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).

8. Clause 5.8 - Shifts And/Or Night Work Allowance - (Six - Day Shift Work):  Delete subclause 5.8.1 of this clause and insert the following in lieu thereof:

5.8.1 The employer may, if the employer so desires, work any part of the establishment on shift work as part of the 38 ordinary hours per week, Monday to Saturday.  The employer shall consult affected employees beforehand, and notify the Union of the intention to introduce shift work.  The employer shall post the shift work roster at least 14 days in advance of the start date.

(a) On an afternoon shift, which commences before 1800 hrs and the ordinary time of which concludes at or after 1830 hours will be paid an allowance of $2.38 an hour on all time paid at the ordinary rate.

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

(c) On an early morning shift, which commences at or between 0400 hours and 0530 hours, will be paid an allowance of $2.38 an hour for all time paid at ordinary rate.

(d) 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.

(e) The provisions of subparagraphs (a) to (d) of this clause will not apply to employee’s continuously on shifts, which start and finish between 1800 and 0600 hours. These employees will be paid night work allowance for ordinary paid time on duty between those hours at the rate of $2.83 per hour.

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).