and Ms J Sheridan Order Having heard Ms Boots of counsel and Mr Curran on behalf of the v Mr Matthews of counsel and Ms J Sheridan on behalf of the

(2004) 84 WAIG Single Commissioner (WAIRC) 2004-07-08

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APPLICANT: and Ms J Sheridan Order Having heard Ms Boots of counsel and Mr Curran on behalf of the

RESPONDENT: Mr Matthews of counsel and Ms J Sheridan on behalf of the

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Concept tags · 9

[P]No work, no pay [P]Annual leave [P]Personal/carer's leave [P]Long service leave (WA) [P]Long service leave (portable / federal) [P]Parental leave (NES) [P]Return from parental leave [S]Wages — payment obligations [S]Overtime and penalty rates

Cases cited in this decision · 1

Cited

[2004] WAIRC 11958 (not in corpus)

"…THE AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION OF EMPLOYEES, WEST AUSTRALIAN BRANCH APPLICANT -v- PUBLIC TRANSPORT AUTHORITY RESPONDENT CORAM COMMISSIONER J H SMITH DATE OF ORDER THURSDAY, 8 JULY 2004 FILE NO....…"

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Archived text (545 words)

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES THE AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION OF EMPLOYEES, WEST AUSTRALIAN BRANCH APPLICANT -v- PUBLIC TRANSPORT AUTHORITY RESPONDENT CORAM COMMISSIONER J H SMITH DATE OF ORDER THURSDAY, 8 JULY 2004 FILE NO. APPLICATION 744 OF 2004 CITATION NO. 2004 WAIRC 11958 Result Enterprise Order made Representation Applicant Ms J Boots (of counsel) and Mr B Curran Respondent Mr D Matthews (of counsel) and Ms J Sheridan Order Having heard Ms Boots of counsel and Mr Curran on behalf of the Applicant and Mr Matthews of counsel and Ms J Sheridan on behalf of the Respondent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders – A. THAT the Public Transport Authority Railcar Drivers (Transwa) Enterprise Order 2004 as follows shall have effect from the date of this order. 1. TITLE 1.1 This Order shall be known as the Public Transport Authority Railcar Drivers (Transwa) Enterprise Order 2004. 2. ARRANGEMENT OF ORDER 1. Title 2. Arrangement of Order 3. Definitions 4. Application and Parties Bound 5. Term of Order 6. No Further Claims 7. Hours 8. Long Service Leave 9. Annualisation of Leave Loading 10. Parental Leave 11. Wages 12. Salary Packaging 13. Payment of Wages 14. Health and Fitness 15. Dispute Settlement Procedure 16. Uniforms/Protective Clothing 17. Stand Down 18. Information Acquired During Employment 19. Bereavement Leave 20. Contract of Employment 21. Sick Leave 22. Public Holidays 23. Family Leave 24. Annual Leave 25. Higher Duties 26. Training 27. Aggregation 28. Union Facilities for Workplace Delegates 29. Traineeships 30. Award Modernisation 31. Peer Support Group 32. Union Consultation 33. Fatigue Management and Rostering Code of Practice 34. Protected Day Off 35. Overtime 36. One Off Payment 2488 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 84 W.A.I.G. Schedule 1 – Railcar Drivers and Driver Coordinator (Transwa) Schedule 2 – Wages 3. DEFINITIONS 3.1 For the purpose of this Order the following definitions shall apply. • “Aggregated Rate of Pay” means the rate of pay explained in clause 27 herein. • “ARTBIU” means The Australian, Rail, Tram and Bus Industry Union of Employees, West Australian Branch. • “Award” means the Government Railways Locomotive Enginemen’s Award 1973 – 1990, No 13 of 1973. • “Base rate of pay” means the rate of pay explained and set out in clause 11 herein. • “Competency” means knowledge and skills and the application of the knowledge and skills to the standards of performance required in the workplace consistent with the Australian National Training Authority. • “Employer” means the Public Transport Authority. • “Full Time Employee” means an employee employed on a 38-hour week basis. • “Rostered Days” means the days that have been rostered to make up the fortnight’s work. • “Total Rate of Pay” means the base rate of pay and the aggregated rate of pay. • “Trainee” means a person actively participating in an accredited Traineeship program. • “Traineeship” means a structured work-based learning program formally approved by the relevant government department consistent with national competency standards. A Traineeship may include on and off the job training and allow for the practical application of these skills at the workplace. • “Training Course” means the full training course required to be undertaken by employees. • “WAIRC” means the