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

[2016] FWC 906

[2016] FWC 906

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)

Rail industry
COMMISSIONER LEE	MELBOURNE, 10 FEBRUARY 2016

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

[1] The Australian Rail, Tram and Bus Industry Union, Victorian Locomotive Division (RTBU) and Metro Trains Melbourne Pty Ltd (Metro Trains) have resolved a dispute concerning the application of clauses 4.8.4 and 4.8.5 of the Metro Trains Melbourne Pty Ltd Rail Operations Enterprise Agreement 2015-2019 (the Agreement). Subclauses 4.8.4 and 4.8.5 of the Agreement concern the circumstances when train drivers are entitled to meal breaks and wasted meal allowances.

[2] The Commission notes that the parties have clarified the operation of subclauses 4.8.4 and 4.8.5 of the Agreement and have resolved the dispute on the following terms:

Operation of the Agreement

a. Subclause 4.8.4 of the Agreement requires that Metro Trains provide all Employees with a meal break of not less than twenty minutes, excluding walking time, without deduction of pay. The standard walking times are set out in clause 30 of Schedule 1 of the Agreement.

b. Further, subclause 4.8.4 of the Agreement requires Metro Trains to provide the meal break outlined in (a) with such meal break to commence between the completion of three and five hours on duty, except in cases of unavoidable necessity.

c. To ensure driver availability for the meal break, the standard practice is that Metro Trains will roster the meal break. There may be circumstances where a meal break is not rostered (for example, drivers working in workshops, standby or available drivers or training shifts), however Metro Trains is still required to provide the meal break, and for the meal break to commence between the completion of three and five hours on duty (except in cases of unavoidable necessity).

d. Examples of cases of “unavoidable necessity”, where Metro Trains is unable to provide the meal break to commence between the completion of three and five hours on duty, may include but are not limited to late running or in the case of a derailment, collision or fatality

e. Subclause 4.8.5 of the Agreement provides an entitlement to a wasted meal allowance for an Employee who is unable to take their meal break(s) during their rostered shift. The meal allowance is set out in Schedule C – Allowances of the Agreement.

f. A wasted meal allowance is not payable by Metro Trains where an Employee takes a meal break during their rostered shift and the meal break commences outside the commencement of three and five hours on duty.

Payments to Employees

g. Metro Trains has agreed to pay a wasted meal allowance to each Employee who claims a wasted meal allowance for the period of 29 December 2015 to 30 January 2016 due to being rostered on a ‘short shift’ and not being able to take a meal break.

[3] On the basis of the above agreement, the dispute is resolved and the parties agree for the file to now be closed.

COMMISSIONER

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