The Australian Rail, Tram and Bus Industry Union of Employees, West Australian Branch -v- Public Transport Authority

Document Type: Order

Matter Number: APPL 3/2014

Matter Description: Public Transport Authority Rail Car Drivers (Transperth Train Operations) Award 2006

Industry: Transport Industry

Jurisdiction: Single Commissioner

Member/Magistrate name: Commissioner S J Kenner

Delivery Date: 10 Mar 2014

Result: Award varied

Citation: 2014 WAIRC 00179

WAIG Reference: 94 WAIG 344

DOC | 58kB
2014 WAIRC 00179
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, 10 MARCH 2014
FILE NO/S APPL 3 OF 2014
CITATION NO. 2014 WAIRC 00179

Result Award varied
Representation
APPLICANT MR R RAVEN AND WITH HIM MR P ROBINSON

RESPONDENT MS J ALLEN-RANA


Order
HAVING heard Mr R Raven and with him Mr P Robinson 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 schedule and that such variation shall have effect on or from 29 January 2014.








COMMISSIONER S J KENNER



SCHEDULE


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 $12.20 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 4.3. - Suburban Electric Railcar Allowance: Delete paragraph (a) of subclause 4.3.1 of this clause and insert the following in lieu thereof:

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.



Rate per week



(1)
First Year
$38.20



(2)
Thereafter
$38.50



(3)
Special Case
$39.10


3. 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 $2.58 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 $3.00 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 $2.58 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 $3.00 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).


4. Clause 5.2. - Temporary Transfer Allowance: Delete 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 $1.66 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 $6.95 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).


5. 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 $3.84 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).


The Australian Rail, Tram and Bus Industry Union of Employees, West Australian Branch -v- Public Transport Authority

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, 10 March 2014

FILE NO/S APPL 3 OF 2014

CITATION NO. 2014 WAIRC 00179

 

Result Award varied

Representation

Applicant Mr R Raven and with him Mr P Robinson

 

Respondent Ms J Allen-Rana

 

 

Order

HAVING heard Mr R Raven and with him Mr P Robinson 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 schedule and that such variation shall have effect on or from 29 January 2014.

 

 

 

 

 

 

 

 

Commissioner S J Kenner

 

 


SCHEDULE

 

 

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 $12.20 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 4.3. - Suburban Electric Railcar Allowance:  Delete paragraph (a) of subclause 4.3.1 of this clause and insert the following in lieu thereof:

 

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.

 

 

 

Rate per week

 

 

 

(1)

First Year

$38.20

 

 

 

(2)

Thereafter

$38.50

 

 

 

(3)

Special Case

$39.10

 

 

3. 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 $2.58 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 $3.00 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 $2.58 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 $3.00 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).

 

 

4. Clause 5.2. - Temporary Transfer Allowance:  Delete 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 $1.66 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 $6.95 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).

 

 

5. 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 $3.84 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).