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 Public Transport Authority's application to vary the Public Transport Authority (Transwa) Award 2006 was granted unopposed. The variations, which increased various shift work allowances, temporary transfer allowances, on-call allowances, and meal allowances in line with 2025 State Wage Case decisions and CPI adjustments, satisfied the statutory requirements under s40 of the Industrial Relations Act 1979 (WA) and were consistent with established 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
- Public Transport Authority of Western Australia filed application on 7 October 2025
- Application sought to vary Public Transport Authority (Transwa) Award 2006
- Grounds for variation: increase allowances following 2025 State Wage Case decisions and CPI
- Respondent union (Australian Rail, Tram and Bus Industry Union) did not lodge a response
- Application proceeded unopposed on papers
- Parties consented to determination on papers
- Application was made outside the term specified in clause 4 of the Award
- PTA sought increases to: shift work allowances (afternoon, night, early morning shifts), additional overnight shift allowances, temporary transfer allowances, on-call allowances, and meal allowances for away-from-home work
Factors
For
- Application unopposed; no response received from respondent within specified time
- PTA has standing to bring application under s40(2) IR Act as a party bound by the Award
- Proposed amendments do not change scope or area of operation of Award
- Adjustments consistent with wage-fixing principles from 2025 State Wage Case
- Award does not specify alternative method for adjusting allowances inconsistent with those applied
- Section 40(3) IR Act does not bar the application as it was made outside the term specified in Award clause 4
Against
Concept tags · 4
Principles · 2
articulates para 1
An award may be varied under s40 of the Industrial Relations Act 1979 (WA) where the proposed amendments do not change the scope of the award or its area of operation, and are made outside the term specified in the award.
articulates para 1
Adjustments to award allowances are consistent with established wage-fixing principles where they reflect State Wage Case decisions and consumer price index movements.
Archived text (836 words)
PUBLIC TRANSPORT AUTHORITY (TRANSWA) 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 51 OF 2025
CITATION NO. 2025 WAIRC 00938
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 (Transwa) 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 (CPI);
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 this 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 specific in the Award; and
(c) The requirements for varying the Award under s 40 of the Act have been met;
NOW THEREFRE the Commission, pursuant to powers conferred under the Industrial Relations Act 1979 (WA), orders –
THAT the Public Transport Authority (Transwa) 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
1. Clause 5.1 – Shift Work:
A. Delete subclause 5.1.1 of this clause and insert the following in lieu thereof:
5.1.1 On an afternoon shift which commences before 1800 hours and the ordinary time of which concludes at or after 1830 hours, an employee will be paid an allowance of $3.55 an hour on all time paid at ordinary rate.
B. Delete subclause 5.1.2 of this clause and insert the following in lieu thereof:
5.1.2 On a night shift, which commences at or between 1800 and 0359 hours, an employee will be paid an allowance of $4.09 an hour on all time paid at ordinary rate.
C. Delete subclause 5.1.3 of this clause and insert the following in lieu thereof:
5.1.3 On an early morning shift, which commences at or between 0400 ad 0530, an employee will be paid an allowance of $3.55 an hour on all time paid at ordinary rate.
2. Delete subclause 5.1.4 of this clause and insert the following in lieu thereof:
5.1.4 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.
3. 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 $9.75 per shift shall be paid in recognition of the disruption to the employee’s normal roster.
4. 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 directed by the employer to be on call outside the ordinary hours of duty will be paid an allowance of $5.88 per hour for all time on call.
5. Clause 5.5 – Away from Home and Meal Allowance: Delete subclause 5.5.2 of this clause and insert the following in lieu thereof:
5.5.2 Railcar Drivers, Coordinator and Road Coach Operators will be paid an allowance to reimburse the costs of meals and incidentals when on roster and required to stay overnight away from home. This allowance will be calculated on the time between booking on and booking off from the home depot at the rate of $38.85 for each 8 hour period and, where less than 8 hours is worked, at the rate of $9.65 for each 2 hour period or part thereof worked.