The Australian Rail, Tram and Bus Industry Union of Employees, West Australian Branch -v- Public Transport Authority of Western Australia
Document Type: Order
Matter Number: APPL 36/2014
Matter Description: Interpretation of clauses 3.1.1, 3.1.2 and 6.7 of the Public Transport Authority (Transperth Train Operations Rail Car Drivers) Industrial Agreement 2013
Industry: Transport Industry
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner S J Kenner
Delivery Date: 22 Apr 2015
Result: Declaration issued
Citation: 2015 WAIRC 00329
WAIG Reference: 95 WAIG 548
INTERPRETATION OF CLAUSES 3.1.1, 3.1.2 AND 6.7 OF THE PUBLIC TRANSPORT AUTHORITY (TRANSPERTH TRAIN OPERATIONS RAIL CAR DRIVERS) INDUSTRIAL AGREEMENT 2013
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES THE AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION OF EMPLOYEES, WEST AUSTRALIAN BRANCH
APPLICANT
-V-
PUBLIC TRANSPORT AUTHORITY OF WESTERN AUSTRALIA
RESPONDENT
CORAM COMMISSIONER S J KENNER
DATE WEDNESDAY, 22 APRIL 2015
FILE NO. APPL 36 OF 2014
CITATION NO. 2015 WAIRC 00329
Result Declaration issued
Representation
APPLICANT MR K SINGH
RESPONDENT MR R ANDRETICH OF COUNSEL
Declaration
HAVING heard Mr K Singh on behalf of the applicant and Mr R Andretich of counsel on behalf of the respondent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby declares for the purposes of the Public Transport Authority (Transperth Train Operations Rail Car Drivers) Industrial Agreement 2013 –
(1) THAT railcar drivers are employed on a 76 hour per fortnight basis.
(2) THAT 76 hours per fortnight represents a railcar driver's ordinary hours.
(3) THAT railcar drivers, who are regular day shift employees accrue four weeks' annual leave (with reference to their ordinary hours).
(4) THAT railcar drivers who are seven day shift employees accrue five weeks' annual leave (with reference to their ordinary hours).
(5) THAT when a railcar driver takes a week of annual leave, 38 hours should be deduced from their leave balance.
(6) THAT when a railcar driver takes a week of annual leave in a fortnightly cycle, they are required to work 40 hours in the following week to make up their ordinary hours.
(7) THAT when a railcar driver takes a week of annual leave in a fortnightly cycle, they can only accumulate a maximum of two hours towards credit days in the following week.
(8) THAT when a railcar driver takes a week of annual leave in a fortnightly cycle, overtime will only apply after 42 hours are worked in the following week.
COMMISSIONER S J KENNER
INTERPRETATION OF CLAUSES 3.1.1, 3.1.2 AND 6.7 OF THE PUBLIC TRANSPORT AUTHORITY (TRANSPERTH TRAIN OPERATIONS RAIL CAR DRIVERS) INDUSTRIAL AGREEMENT 2013
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES The Australian Rail, Tram and Bus Industry Union of Employees, West Australian Branch
APPLICANT
-v-
Public Transport Authority of Western Australia
RESPONDENT
CORAM Commissioner S J Kenner
DATE WEDNEsday, 22 April 2015
FILE NO. APPL 36 OF 2014
CITATION NO. 2015 WAIRC 00329
Result Declaration issued
Representation
Applicant Mr K Singh
Respondent Mr R Andretich of counsel
Declaration
HAVING heard Mr K Singh on behalf of the applicant and Mr R Andretich of counsel on behalf of the respondent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby declares for the purposes of the Public Transport Authority (Transperth Train Operations Rail Car Drivers) Industrial Agreement 2013 –
(1) THAT railcar drivers are employed on a 76 hour per fortnight basis.
(2) THAT 76 hours per fortnight represents a railcar driver's ordinary hours.
(3) THAT railcar drivers, who are regular day shift employees accrue four weeks' annual leave (with reference to their ordinary hours).
(4) THAT railcar drivers who are seven day shift employees accrue five weeks' annual leave (with reference to their ordinary hours).
(5) THAT when a railcar driver takes a week of annual leave, 38 hours should be deduced from their leave balance.
(6) THAT when a railcar driver takes a week of annual leave in a fortnightly cycle, they are required to work 40 hours in the following week to make up their ordinary hours.
(7) THAT when a railcar driver takes a week of annual leave in a fortnightly cycle, they can only accumulate a maximum of two hours towards credit days in the following week.
(8) THAT when a railcar driver takes a week of annual leave in a fortnightly cycle, overtime will only apply after 42 hours are worked in the following week.
Commissioner S J Kenner