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

Document Type: Order

Matter Number: APPL 52/2025

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

Industry: Transport Industry

Jurisdiction: Single Commissioner

Member/Magistrate name: Commissioner T Kucera

Delivery Date: 25 Nov 2025

Result: Award varied

Citation: 2025 WAIRC 00940

WAIG Reference:

DOCX | 31kB
2025 WAIRC 00940
PUBLIC TRANSPORT AUTHORITY RAIL CAR DRIVERS (TRANSPERTH TRAIN
OPERATIONS) AWARD 2006
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES PUBLIC TRANSPORT AUTHORITY OF WESTERN AUSTRALIA
APPLICANT
-V-
AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION, WESTERN AUSTRALIA BRANCH
RESPONDENT
CORAM COMMISSIONER T KUCERA
DATE TUESDAY, 25 NOVEMBER 2025
FILE NO/S APPL 52 OF 2025
CITATION NO. 2025 WAIRC 00940

Result Award Varied
Representation On the papers




Order
WHEREAS this is an application filed by the Public Transport Authority of Western Australia (PTA) on 7 October 2025 to vary the Public Transport Authority Rail Car Drivers (Transperth Train Operations) Award 2006 (Award) pursuant to s 40 of the Industrial Relations Act 1979 (WA) (IR Act);

AND WHEREAS the application sets out the grounds upon which it is made, indicating the application is made to increase allowances in the Award effected by the 2025 State Wage Case decisions and Consumer Price Index;

AND WHEREAS the proposed key amendments sought by the present application were set out in an attachment, supported by a second attachment showing the calculations underpinning the amendments sought;

AND WHEREAS the named respondent to the PTA’s application was duly served;

AND WHEREAS no response to the application was received within the time specified and the application is unopposed;

AND WHEREAS the parties have agreed by consent to this matter being determined on the papers;
AND WHEREAS as the PTA is a party bound by the Award it has standing to bring the application under s 40(2) of the IR Act;

AND WHEREAS as the application is not made within the term specified in clause 4 of the Award, s 40(3) of the IR Act is inapplicable and no barrier to the amendments sought;

AND WHEREAS the Award does not specify a method for adjusting allowances which is at odds with the methods involved in the application. The adjustments sought are consistent with the wage fixing principles set out in the 2025 State Wage Case;

AND BEING satisfied that:

(a) The amendments proposed do not change the scope of the Award or its area of operation;

(b) The application is not made within the term specified in the Award; and

(c) The requirements for varying the Award under s 40 of the Act have been met;

NOW THEREFORE the Commission, pursuant to powers conferred under the Industrial Relations Act 1979 (WA), orders –

THAT the Public Transport Authority Rail Car Drivers (Transperth Train Operations) Award 2006 be varied in accordance with the following Schedule and that the variations shall have effect from the beginning of the first pay period commencing on or after the date of this order.












COMMISSIONER T KUCERA


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 $16.15 to cover the cost associated with the purchase of foods associated with the taking of a second crib.

The above allowance 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) (1), (2) and (3) 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
$53.10



(2)
Thereafter
$53.50



(3)
Special Case
$54.40

3. Clause 5.1 – Shift Work: Delete paragraphs (a), (b), (c) and (d) of subclause 5.1.1 of this clause and insert the following in lieu thereof:

(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 $3.65 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 $4.23 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 $3.65 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 $4.23 for any shift where the ordinary time commences or finishes at or between 0101 hours and 0359 hours.

4. Clause 5.2 – Temporary Transfer Allowance: Delete paragraph (b) of subclause 5.2.1 of this clause and insert the following in lieu thereof:

(b) When the period of relief is for one week or less the allowance of $9.45 per shift shall be paid in recognition of the disruption to the employee’s normal roster.

The above 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).

5. Clause 5.3 – On Call Allowance: Delete subclause 5.3.1 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 $5.42 per hour for all time on call.

The above 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).


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

PUBLIC TRANSPORT AUTHORITY RAIL CAR DRIVERS (TRANSPERTH TRAIN

OPERATIONS) AWARD 2006

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

PARTIES Public Transport Authority of Western Australia

APPLICANT

-v-

Australian Rail, Tram and Bus Industry Union, Western Australia Branch

RESPONDENT

CORAM Commissioner T Kucera

DATE Tuesday, 25 november 2025

FILE NO/S APPL 52 OF 2025

CITATION NO. 2025 WAIRC 00940

 

Result Award Varied

Representation On the papers

 


 

 

Order

WHEREAS this is an application filed by the Public Transport Authority of Western Australia (PTA) on 7 October 2025 to vary the Public Transport Authority Rail Car Drivers (Transperth Train Operations) Award 2006 (Award) pursuant to s 40 of the Industrial Relations Act 1979 (WA) (IR Act);

 

AND WHEREAS the application sets out the grounds upon which it is made, indicating the application is made to increase allowances in the Award effected by the 2025 State Wage Case decisions and Consumer Price Index;

 

AND WHEREAS the proposed key amendments sought by the present application were set out in an attachment, supported by a second attachment showing the calculations underpinning the amendments sought;

 

AND WHEREAS the named respondent to the PTA’s application was duly served;

 

AND WHEREAS no response to the application was received within the time specified and the application is unopposed;

 

AND WHEREAS the parties have agreed by consent to this matter being determined on the papers;

AND WHEREAS as the PTA is a party bound by the Award it has standing to bring the application under s 40(2) of the IR Act;

 

AND WHEREAS as the application is not made within the term specified in clause 4 of the Award, s 40(3) of the IR Act is inapplicable and no barrier to the amendments sought;

 

AND WHEREAS the Award does not specify a method for adjusting allowances which is at odds with the methods involved in the application. The adjustments sought are consistent with the wage fixing principles set out in the 2025 State Wage Case;

 

AND BEING satisfied that:

 

 (a) The amendments proposed do not change the scope of the Award or its area of operation;

 

 (b) The application is not made within the term specified in the Award; and

 

 (c) The requirements for varying the Award under s 40 of the Act have been met;

 

NOW THEREFORE the Commission, pursuant to powers conferred under the Industrial Relations Act 1979 (WA), orders –

 

THAT the Public Transport Authority Rail Car Drivers (Transperth Train Operations) Award 2006 be varied in accordance with the following Schedule and that the variations shall have effect from the beginning of the first pay period commencing on or after the date of this order.

 

 

 

 

 

 

 

 

 

 

 

 

Commissioner T Kucera

 

 


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 $16.15 to cover the cost associated with the purchase of foods associated with the taking of a second crib.

 

The above allowance 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.

 

  1. Clause 4.3 – Suburban Electric Railcar Allowance:  Delete paragraph (a) (1), (2) and (3) 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

$53.10

 

 

 

(2)

Thereafter

$53.50

 

 

 

(3)

Special Case

$54.40

 

  1. Clause 5.1 – Shift Work: Delete paragraphs (a), (b), (c) and (d) of subclause 5.1.1 of this clause and insert the following in lieu thereof:

 

(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 $3.65 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 $4.23 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 $3.65 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 $4.23 for any shift where the ordinary time commences or finishes at or between 0101 hours and 0359 hours.

 

  1. Clause 5.2 – Temporary Transfer Allowance:  Delete paragraph (b) of subclause 5.2.1 of this clause and insert the following in lieu thereof:

 

(b) When the period of relief is for one week or less the allowance of $9.45 per shift shall be paid in recognition of the disruption to the employee’s normal roster.

 

The above 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).

 

  1. Clause 5.3 – On Call Allowance: Delete subclause 5.3.1 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 $5.42 per hour for all time on call.

 

The above 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).