Public Transport Authority of Western Australia v Australian Rail, Tram and Bus Industry Union, Western Australia Branch
Commissioner Kucera
Not yet cited by other cases
Applicant: Public Transport Authority of Western Australia
Respondent: Australian Rail, Tram and Bus Industry Union, Western Australia Branch
Ratio
The PTA applied to vary the Award pursuant to s40 IR Act to adjust allowances in accordance with the 2025 State Wage Case decisions and Consumer Price Index movements. The application was unopposed and the Commission was satisfied that the proposed amendments did not change the scope or area of operation of the Award and were consistent with wage fixing principles. The variation was granted.
Outcome
For applicant
granted
Authority signal
Not yet cited by other cases
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
- PTA applied on 7 October 2025 to vary the Public Transport Authority Rail Car Drivers (Transperth Train Operations) Award 2006
- Application sought to increase allowances in accordance with 2025 State Wage Case decisions and Consumer Price Index
- Named respondent (ARTBIU WA Branch) was served and did not respond within the specified time
- Application was unopposed
- Parties agreed the matter should be determined on the papers
- Application was not made within the term specified in clause 4 of the Award
Factors
For
- PTA has standing as a party bound by the Award under s40(2) IR Act
- Application not made within term specified in Award so s40(3) does not apply as a barrier
- Award does not specify a method for adjusting allowances that is at odds with the methods proposed
- Adjustments are consistent with wage fixing principles in the 2025 State Wage Case
- Proposed amendments do not change the scope of the Award or its area of operation
- Application is unopposed
Against
Concept tags · 4
Principles · 3
articulates para 9
An employer bound by an award has standing to apply to vary the award under s40(2) of the Industrial Relations Act 1979 (WA)
articulates para 10
Where an application to vary an award is not made within the term specified in the award, s40(3) of the IR Act does not operate as a barrier to the amendments sought
articulates para 12
An award variation that does not change the scope or area of operation of the award and is consistent with wage fixing principles may be granted pursuant to s40 of the IR Act
Archived text (979 words)
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
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.
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) : $53.10
(2) : $53.50
(3) : $54.40
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.
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).
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).