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

Document Type: Order

Matter Number: APPL 9/2019

Matter Description: Public Transport Authority (Transwa) Award 2006

Industry: Transport Industry

Jurisdiction: Single Commissioner

Member/Magistrate name: Commissioner D J Matthews

Delivery Date: 30 May 2019

Result: Award varied

Citation: 2019 WAIRC 00256

WAIG Reference: 99 WAIG 550

DOCX | 27kB
2019 WAIRC 00256
PUBLIC TRANSPORT AUTHORITY (TRANSWA) AWARD 2006
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES PUBLIC TRANSPORT AUTHORITY OF WESTERN AUSTRALIA
APPLICANT
-V-
THE AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION OF EMPLOYEES, WEST AUSTRALIAN BRANCH
RESPONDENT
CORAM COMMISSIONER D J MATTHEWS
DATE THURSDAY, 30 MAY 2019
FILE NO/S APPL 9 OF 2019
CITATION NO. 2019 WAIRC 00256

Result Award varied
Representation (by correspondence)


APPLICANT MS J ALLEN-RANA

RESPONDENT MR J DEKUYER


Order
HAVING heard Ms J Allen-Rana on behalf of the applicant and Mr J Dekuyer on behalf of the respondent, 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 Schedule and that the variations in the attached Schedule shall have effect from the beginning of the first pay period commencing on or after Tuesday, 4 June 2019.


COMMISSIONER D J MATTHEWS


SCHEDULE

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 $2.79 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 $3.21 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 $2.79 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 $3.21 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 allowances 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 subclause 5.2.1 of this clause 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 $1.72 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 $7.65 per shift shall be paid in recognition of the disruption to the employee’s normal roster.

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 $4.62 per hour for all time on call.

That allowance 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 $30.50 for each 8 hour period and, where less than 8 hours is worked, at the rate of $7.55 for each 2 hour period or part thereof worked.

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

PUBLIC TRANSPORT AUTHORITY (TRANSWA) AWARD 2006

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

PARTIES Public Transport Authority of Western Australia

APPLICANT

-v-

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

RESPONDENT

CORAM Commissioner D J Matthews

DATE THURSday, 30 MaY 2019

FILE NO/S APPL 9 OF 2019

CITATION NO. 2019 WAIRC 00256

 

Result Award varied

Representation (by correspondence)

 


Applicant Ms J Allen-Rana

 

Respondent Mr J Dekuyer

 

 

Order

HAVING heard Ms J Allen-Rana on behalf of the applicant and Mr J Dekuyer on behalf of the respondent, 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 Schedule and that the variations in the attached Schedule shall have effect from the beginning of the first pay period commencing on or after Tuesday, 4 June 2019.

 

 

Commissioner D J Matthews

 


SCHEDULE

 

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 $2.79 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 $3.21 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 $2.79 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 $3.21 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 allowances 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 subclause 5.2.1 of this clause 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 $1.72 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 $7.65 per shift shall be paid in recognition of the disruption to the employee’s normal roster.

 

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 $4.62 per hour for all time on call.

 

That allowance 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 $30.50 for each 8 hour period and, where less than 8 hours is worked, at the rate of $7.55 for each 2 hour period or part thereof worked.