WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES THE PUBLIC TRANSPORT AUTHORITY OF WESTERN AUSTRALIA

APPLICANT

-v-

Australian Rail, Tram and Bus Industry Union of Employees, Western Australian Branch

RESPONDENT

CORAM Commissioner D J Matthews

DATE friday, 7 APril 2017

FILE NO. APPL 11 OF 2017

CITATION NO. 2017 WAIRC 00205

Result Declaration made

Representation 

Applicant Mr D Anderson of counsel

Respondent Mr C Fogliani of counsel

Declaration

HAVING heard Mr D Anderson, of counsel, on behalf of the applicant and Mr C Fogliani, of counsel, on behalf of the respondent; and

HAVING given reasons for decision in which I made a declaration; and

HAVING received a request pursuant to section 46(2) Industrial Relations Act to issue my declaration in the form of an order;

NOW THEREFORE I, the undersigned, pursuant to the powers conferred under the Industrial Relations Act 1979 hereby:

DECLARE that the true interpretation of clause 5.2.1(b) Public Transport Authority/ARTBIU (Transperth Train Operations Rail Car Drivers) Industrial Agreement 2016 is as follows:

That in considering whether an employee is reasonably able to use public transport to travel to and from a depot other than the employee’s home depot under clause 5.2.1(b) the depot manager of the employee’s home depot shall consider as the relevant locations the employee’s usual place of residence and the other depot.

Commissioner D J Matthews