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. (Sgd.) D J MATTHEWS, [L.S.] Commissioner. CONSTRUCTION INDUSTRY PORTABLE PAID LONG SERVICE LEAVE—Matters dealt with— 2017 WAIRC 00164 REVIEW OF DECISION OF THE CONSTRUCTION INDUSTRY LSL PAYMENTS BOARD GIVEN ON 7 NOVEMBER 2016