Australian Rail, Tram and Bus Industry Union v Metro Trains Melbourne Pty Ltd — Benchmark

Ratio

The parties resolved a dispute concerning the application of clauses 4.8.4 and 4.8.5 of the Metro Trains Melbourne Pty Ltd Rail Operations Enterprise Agreement 2015-2019 relating to meal breaks and wasted meal allowances for train drivers by clarifying the agreement's operation and agreeing to a retrospective payment of wasted meal allowances for the period 29 December 2015 to 30 January 2016.

Outcome

Resolved settled

Authority signal

Cited 1× Signal-weighted score: 0.0

Derived from how later decisions have treated this case. Dark green = leading authority, green = positively treated, grey = neutral or sparse data, amber = caution, red = treated negatively.

Key facts · 6

Dispute concerned application of clauses 4.8.4 and 4.8.5 of the Metro Trains Melbourne Pty Ltd Rail Operations Enterprise Agreement 2015-2019
Clauses concerned meal breaks and wasted meal allowances for train drivers
Meal break entitlement: not less than twenty minutes, excluding walking time, without deduction of pay
Meal break to commence between completion of three and five hours on duty, except in cases of unavoidable necessity
Wasted meal allowance payable where employee unable to take meal break during rostered shift
Parties agreed to retrospective payment of wasted meal allowances for period 29 December 2015 to 30 January 2016 for employees rostered on short shifts

Legislation referenced

Fair Work Act 2009 (Cth) s.739
Metro Trains Melbourne Pty Ltd Rail Operations Enterprise Agreement 2015-2019 cl 4.8.4
Metro Trains Melbourne Pty Ltd Rail Operations Enterprise Agreement 2015-2019 cl 4.8.5

Concept tags · 7

[P]Award interpretation — principles [P]Enterprise agreement approval [S]Enterprise agreement variation [S]Conciliation and arbitration powers [S]Consent orders [M]Payment in lieu of notice [M]Personal/carer's leave

Principles · 3

articulates para 2

A meal break entitlement requires provision of not less than twenty minutes excluding walking time without deduction of pay, commencing between completion of three and five hours on duty, except in cases of unavoidable necessity such as late running, derailments, collisions or fatalities.

articulates para 2

To ensure driver availability for meal breaks, the standard practice is for an employer to roster meal breaks, though circumstances may exist where a meal break is not rostered (workshops, standby, training shifts) but the employer remains obligated to provide the break within the specified time window.

articulates para 2

A wasted meal allowance is not payable where an employee takes a meal break during their rostered shift even if the meal break commences outside the three to five hour window on duty.

Related cases · 10

Decisions sharing two or more primary concepts with this case.

Citation	Court	Date	Outcome	Shared	Cited
[1996] HCA 33 Re National Tertiary Education Industry Union; Ex parte Quickenden	High Court	1996-01-01	Against applicant	2	0
[2023] FCAFC 172 Murtagh v Corporation of the Roman Catholic Diocese of Toowoomba	Federal Court — Full Court	2023-10-30	For applicant	2	0
[2014] FCCA 4 Transport Workers' Union of Australia v Coles Supermarkets Australia Pty Ltd	Federal Circuit Court	2014-01-01	Against applicant	2	4
[2011] FWAFB 7161 Australian Municipal, Administrative, Clerical and Services Union v City of Fremantle	FWAFB	2011-11-22	Resolved	2	1
[2013] FCA 548 Australian Nursing Federation v Eastern Health	Federal Court	2013-06-07	Against applicant	2	0
[2020] FWCFB 504 Compass Group Healthcare Hospitality Services Pty Ltd T/A Compass Group...	FWC — Full Bench	2020-03-11		2	0
[2019] FWCFB 4748 Four yearly review of modern awards	FWC — Full Bench	2019-07-08		2	0
[2018] FWCFB 2732 Construction, Forestry, Maritime, Mining and Energy Union and Ors v CBI...	FWC — Full Bench	2018-01-01	For applicant	2	0
[2018] FWCFB 7501 Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd	FWC — Full Bench	2018-01-01	For applicant	2	0
[2016] FWC 1794 Australian Workers' Union, The v TAD Pty Ltd	FWC	2016-01-01	For applicant	2	2

Archived text (556 words)

Australian Rail, Tram and Bus Industry Union v Metro Trains Melbourne Pty Ltd [2016] FWC 906 (10 February 2016) [2016] FWC 906 FAIR WORK COMMISSION STATEMENT Fair Work Act 2009 s.739 —Dispute resolution Australian Rail, Tram and Bus Industry Union v Metro Trains Melbourne Pty Ltd (C2016/2036) Rail industry COMMISSIONER LEE MELBOURNE, 10 FEBRUARY 2016 Alleged dispute about any matters arising under the enterprise agreement and the NES. [1] The Australian Rail, Tram and Bus Industry Union, Victorian Locomotive Division ( RTBU ) and Metro Trains Melbourne Pty Ltd ( Metro Trains ) have resolved a dispute concerning the application of clauses 4.8.4 and 4.8.5 of the Metro Trains Melbourne Pty Ltd Rail Operations Enterprise Agreement 2015-2019 ( the Agreement ). Subclauses 4.8.4 and 4.8.5 of the Agreement concern the circumstances when train drivers are entitled to meal breaks and wasted meal allowances. [2] The Commission notes that the parties have clarified the operation of subclauses 4.8.4 and 4.8.5 of the Agreement and have resolved the dispute on the following terms: Operation of the Agreement a. Subclause 4.8.4 of the Agreement requires that Metro Trains provide all Employees with a meal break of not less than twenty minutes, excluding walking time, without deduction of pay. The standard walking times are set out in clause 30 of Schedule 1 of the Agreement. b. Further, subclause 4.8.4 of the Agreement requires Metro Trains to provide the meal break outlined in (a) with such meal break to commence between the completion of three and five hours on duty, except in cases of unavoidable necessity. c. To ensure driver availability for the meal break, the standard practice is that Metro Trains will roster the meal break. There may be circumstances where a meal break is not rostered (for example, drivers working in workshops, standby or available drivers or training shifts), however Metro Trains is still required to provide the meal break, and for the meal break to commence between the completion of three and five hours on duty (except in cases of unavoidable necessity). d. Examples of cases of “unavoidable necessity”, where Metro Trains is unable to provide the meal break to commence between the completion of three and five hours on duty, may include but are not limited to late running or in the case of a derailment, collision or fatality e. Subclause 4.8.5 of the Agreement provides an entitlement to a wasted meal allowance for an Employee who is unable to take their meal break(s) during their rostered shift. The meal allowance is set out in Schedule C – Allowances of the Agreement. f. A wasted meal allowance is not payable by Metro Trains where an Employee takes a meal break during their rostered shift and the meal break commences outside the commencement of three and five hours on duty. Payments to Employees g. Metro Trains has agreed to pay a wasted meal allowance to each Employee who claims a wasted meal allowance for the period of 29 December 2015 to 30 January 2016 due to being rostered on a ‘short shift’ and not being able to take a meal break. [3] On the basis of the above agreement, the dispute is resolved and the parties agree for the file to now be closed. COMMISSIONER Printed by authority of the Commonwealth Government Printer <Price code A, AE417210 PR576938>