Australian Rail, Tram and Bus Industry Union v Metro Trains Melbourne Pty Ltd

[2016] FWC 228

[2016] FWC 228

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009
s.739—Dispute resolution

Australian Rail, Tram and Bus Industry Union
v
Metro Trains Melbourne Pty Ltd
(C2016/2036)

METRO TRAINS MELBOURNE PTY LTD RAIL OPERATIONS ENTERPRISE AGREEMENT 2015-2019
(ODN AG2015/7644)  [AE417210]

Rail industry
COMMISSIONER LEE	MELBOURNE, 12 JANUARY 2016

Alleged dispute about any matters arising under the enterprise agreement and the NES.

[1] This matter involves the Australian Rail, Tram and Bus Industry Union (the ARTBIU) and Metro Trains Melbourne Pty Ltd (Metro Trains).

[2] The parties met in conference before the Fair Work Commission on the 8^th of January and again today regarding a dispute filed by the ARTBIU concerning matters arising under the Metro Trains Melbourne Pty Ltd Rail Operations Enterprise Agreement 2015 – 2019 (the Agreement).

[3] In order to find a basis to settle the dispute, the following will occur:

1. Metro Trains will withdraw the letter dated 11 January 2016 from Mr Elbouch.

2. Metro Trains will review the current rosters and will identify if any of the short shifts that are to be extended to 8 hours cannot provide for a meal break between the first 3-5 hours of the shift.

3. Short shifts that remain will be paid the wasted meal allowance unless a meal break can be provided.

4. The reviewed rosters will be provided to the ARTBIU by Tuesday 19 January 2016.

5. I will list the matter for report back on Wednesday 20 January 2016 at 9.30am. If the dispute is not resolved directions will be set for arbitration.

6. In the interim, and consistent with the terms of the Agreement, the status quo will prevail. That is, current rosters will continue to be worked and drivers will lodge claims for wasted meal allowance when they are not provided with a meal break.

COMMISSIONER

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