Benchmark WA Industrial Relations Case Database

Public Transport Authority of Western Australia v Australian Rail, Tram and Bus Industry Union, Western Australia Branch, Electrical Trades Union of WA, The Automotive, Food, Metals, Engineering, Printing &amp

[2025] WAIRC 00942 Single Commissioner (WAIRC) 2025-11-25 File: APPL 53/2025
Source
Commissioner Kucera
Not yet cited by other cases
Applicant: Public Transport Authority of Western Australia
Respondents: Australian Rail, Tram and Bus Industry Union, Western Australia Branch, Electrical Trades Union of WA, The Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union of Workers, Wester

Ratio

The Public Transport Authority's application to vary the Railway Employees' Award No. 18 of 1969 was granted. The amendments sought to adjust allowances in accordance with the 2025 State Wage Case decisions and Consumer Price Index principles, and no barrier existed under s40(3) of the IR Act as the application was not made within the Award's term. The Commission was satisfied the proposed amendments did not change the Award's scope or operation and complied with current wage fixing principles.

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 · 8

  • Application filed by Public Transport Authority of Western Australia on 7 October 2025
  • Application sought to vary Railway Employees' Award No. 18 of 1969 pursuant to s40 of the IR Act 1979 (WA)
  • Grounds: increase allowances following 2025 State Wage Case decisions and Consumer Price Index movements
  • Application unopposed; no response received from named respondent unions
  • Parties agreed determination on the papers
  • PTA has standing as a party bound by the Award
  • Application not made within the term specified in the Award
  • Award does not specify a method for adjusting allowances that conflicts with the application's methods

Factors

For
  • Application made by party bound by the Award with standing under s40(2)
  • Amendments consistent with wage fixing principles set out in 2025 State Wage Case
  • No opposition from respondent unions
  • Proposed amendments do not change the scope or area of operation of the Award
  • Application not made within the specified term of the Award, so s40(3) does not apply
Against

Concept tags · 3

[P]Award (WA state system) [P]Award variation [S]General Order — rates of pay and minimum conditions (WA s50A)

Principles · 3

articulates para 10
An application under s40 of the IR Act 1979 (WA) to vary an Award is not barred by s40(3) where the application is made outside the term specified in the Award.
articulates para 10
Adjustments to Award allowances that are consistent with wage fixing principles set out in the State Wage Case meet the requirements for Award variation under s40 of the IR Act.
articulates para 10
Award variations can be granted where the amendments proposed do not change the scope of the Award or its area of operation.
Archived text (1988 words)
RAILWAY EMPLOYEES' AWARD NO. 18 OF 1969 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Public Transport Authority of Western Australia APPLICANT -v- Australian Rail, Tram and Bus Industry Union, Western Australia Branch, Electrical Trades Union of WA, The Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union of Workers, Western Australian Branch RESPONDENTS CORAM Commissioner T Kucera DATE TUESDAY, 25 NOVEMBER 2025 FILE NO/S APPL 53 OF 2025 CITATION NO. 2025 WAIRC 00942 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 Railway Employees' Award No. 18 of 1969 (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 respondents to the PTA’s application were each 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: The amendments proposed do not change the scope of the Award or its area of operation; The application is not made within the term specified in the Award; and 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 Railway Employees' Award No. 18 of 1969 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 4.3 – Experience Allowance: Delete this clause and insert the following in lieu thereof: 4.3. - Experience Allowance Employees classified at levels 4 to 7 inclusive shall be paid the following allowance as part of the ordinary base rate of pay for all purposes: After 12 months service with the employer - $ 8.10 After 24 months service with the employer - $ 17.60 The above allowances 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 4.4 – Tool Allowance: Delete paragraph (a) of subclause 4.4.1 of this clause and insert the following in lieu thereof: (a) Where the employer does not provide a tradesperson or an apprentice with the tools ordinarily required by that trades person or apprentice in the performance of work as a tradesperson or as an apprentice the employer shall pay a tool allowance of $21.40 per week to such tradesperson/apprentice. 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 4.5 Leading Hands: A. Delete paragraph (a) of this clause and insert the following in lieu thereof: (a) Class 3 When in charge of not less than three and not more than ten others, paid $39.90 extra per week B. Delete paragraph (b) of this clause and insert the following in lieu thereof: (b) Class 2 When in charge of more than 10 but few than twenty others, paid $59.80 extra per week C. Delete paragraph (c) of this clause and insert the following in lieu thereof: (c) Class 1 When in charge of more than twenty others, paid $77.30 extra per week Clause 4.6 – Electrical Licence Allowance: Delete this clause and insert the following in lieu thereof: 4.6. - ELECTRICAL LICENCE ALLOWANCE An electronics tradesperson, an electrical fitter and/or armature winder or an electrical installer who holds and in the course of his or her employment may be required to use a current “A” grade or “B” grade licence issued pursuant to the relevant regulation in force on the 28th day of February, 1978 under the Electricity Act, 1948 shall be paid an allowance of $28.20 per week. 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 5.1 – On Call Allowance: Delete subclause 5.1.2 of this clause and insert the following in lieu thereof: 5.1.2 On Call Allowance An employee who is directed by the Head of Branch or other duly authorised officer to be available on call outside the ordinary hours of duty as prescribed in Part 3 of this Award, shall be paid an On Call Allowance of $5.89 per hour. 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 – After Hours Contact: Meals and Expenses: Delete paragraph (a) of subclause 5.3.1 of this clause and insert the following in lieu thereof: (a) An employee who having responded to a call is unable to return to the employee’s home during a recognised meal period for a meal shall be supplied with a meal or be paid a meal allowance of $14.00 as provided under this Award. 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 5.4 – Away from Home Allowances: A. Delete subclause 5.4.2 of this clause and insert the following in lieu thereof: 5.4.2 Where subclause 5.4.1 applies, the employee shall be paid an allowance of $64.10 per day except when the accommodation includes dining facilities and meals, in which case an allowance of $48.15 per day shall be paid. The above allowances 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). B. Delete subclause 5.4.5 of this clause and insert the following in lieu thereof: 5.4.5 When an employee is required by the employer to attend a training course, seminar or other such meeting which involve an overnight stay away from the employee’s home or lodging, the employee, at the discretion of the employer, may be provided with accommodation and meals and if so provided shall be paid an incidental allowance of $16.90 per day. Clause 5.6 – Travelling Time – Traffic: Delete subclause 5.6.3 of this clause and insert the following in lieu thereof: 5.6.3 When the period of relief is for one week or less an allowance of $9.75 per shift shall be paid in recognition of the disruption to the employee’s normal roster. This allowance is in addition to that provided in subclause 5.6.2 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 5.7.1 – Refreshment Allowance: Delete subclause 5.7.1 of this clause and insert the following in lieu thereof: 5.7.1 Refreshment Allowance An employee employed in the actual running of trains whose shift is extended by more than two hours and the total duration of the shift exceeds ten hours, shall be paid a refreshment allowance of $7.05 where: (a) Notification of the requirement to work an extended shift was not given prior to the finish of the preceding shift; and (b) The employee is not entitled to a meal allowance as prescribed elsewhere in this Award. 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 5.7.2 – Meal Allowance: Delete subclause 5.7.2 of this clause and insert the following in lieu thereof: 5.7.2 Meal Allowance Where an employee is required to work beyond ordinary rostered hours without being notified on the previous day, the employee shall be provided with a meal or be paid $14.00 in lieu where: (a) The employee is in an Other Than Traffic position, and is required to so work for more than 1 hour, or until after 1800 hours; or (b) The employee is in a Traffic classification, and the rostered hours of duty have been extended by more than one hour beyond the recognised meal period. 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 5.8 – Shifts and/or Night Work Allowance – (Six – Day Shift Work): Delete paragraphs (a), (b), (c), (d) and (e) of subclause 5.8.1 of this clause and insert the following in lieu thereof: (a) On afternoon shift, which commences before 1800 hours and the ordinary time of which concludes at or after 1830 hours will be paid an allowance of $3.55 an hour on all time paid at the ordinary rate. (b) On a night shift, which commences at or between 1800 hours and 0359 hours, will be paid an allowance of $4.09 an hour on all time paid at ordinary rate. (c) On early morning shift, which commences at or between 0400 hours and 0530 hours, will be paid an allowance of $3.55 an hour for all time paid at ordinary rate. (d) In addition to the hourly shift work allowance an employee will be paid an allowance of $4.09 for any shift where the ordinary time commences or finishes at or between 0101 hours and 0359 hours. (e) The provision of subparagraphs (a) to (d) of this clause will not apply to employees continuously on shifts, which start and finish between 1800 and 0600 hours. These employees will be paid night work allowance for ordinary paid time on duty between those hours at the rate of $4.23 per hour. The above allowances 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).