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 OF EMPLOYEES, WESTERN AUSTRALIA BRANCH RESPONDENT CORAM Commissioner T Kucera DATE Tuesday, 19 SEPTEMBER 2023 FILE NO/S APPL 56 OF 2023 CITATION NO. 2023 WAIRC 00762 Result Award varied Representation Applicant Ms J Allen-Rana for the Public Transport Authority of Western Australia Respondent Mr J Dekuyer for The Australian Rail, Tram and Bus Industry Union of Employees, West Australian Branch Order WHEREAS this is an application filed by the Public Transport Authority of Western Australia on 24 July 2023 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); AND WHEREAS the parties have requested that this agreement be registered on the papers; AND BEING satisfied that: (a) The amendments proposed do not affect any substantive change to the scope of the Award or its area of operation; (b) The application is not made within a term specified in the Award; and (c) The requirements for varying the Award are 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 attached Schedule. 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: 3.3.2 (b) The employer shall provide such employee a meal allowance of $15.10 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) : $49.20 (2) : $49.60 (3) : $50.40 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 $3.38 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 $3.92 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 $3.38 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 $3.92 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 paragraphs (a) and (b) of subclause 5.2.1 of this clause and insert the following in lieu thereof: (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 the usual place of residence to the employee’s home depot, the employee shall be paid an allowance of $2.04 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. The rates referred to in this subclause shall be adjusted by the Employer from time to time by reference to changes to the median of the Perth metropolitan Tariff 1 weekday pay rates per kilometre charged by all licensed taxis in Perth. The adjustment shall take effect from the date nominated by the employer, which shall be no later than 28 days after being notified in writing by the Union of a change to the median weekly rate. (b) When the period of relief is for one week or less the allowance of $9.05 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 of this clause 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 $5.02 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).