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 1433 /97 M Print P6981 [1997] AIRC 1173; (25 November 1997)

 1433 /97 M Print P6981

Code
Dec  1433 /97 M Print P6981

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Workplace Relations Act 1996

s.170MX(3) exercise of arbitration powers

Metropolitan (Perth ) Passenger Transport Trust (MetroBus)

and

Australian Rail, Tram and Bus Industry Union

(C No. 23042 of 1997)

Various employees Public transport industry

SENIOR DEPUTY PRESIDENT POLITES

DEPUTY PRESIDENT DRAKE

COMMISSIONER LAING PERTH, 25 NOVEMBER 1997

Exercise of arbitration powers to make and Award

DECISION

The following decision, now edited and expanded was given in transcript on 24 November, 1997.

This matter came before the Commission, following the cancellation of a bargaining period by Deputy President Bryant, for arbitration pursuant to the provisions of section 170MX of the Workplace Relations Act 1996 (the Act). Prior to the substantive hearing commencing, the Government of Western Australia announced that MetroBus was to be wound up. This in turn led to some proposals being put by the management of MetroBus for an agreement or arrangement to ensure the effective and fair winding up of MetroBus with a guarantee that service could be provided during the period of that wind up. This proposal was ultimately accepted by the Australian Rail, Tram and Bus Industry Union (PTU). In the unusual circumstances of this case the Full Bench accepts that those arrangements should be reflected in an award made under s.170MX of the Act together with an undertaking (as to superannuation) given by MetroBus on the transcript.

The particulars of the arrangements have been set out in transcript and we will not repeat them in detail here. They involve a pay rise of 2 per cent, to employees employed in accordance with the MetroBus Bus Operations Award 1990 and the relevant certified agreements which apply in relation to the various aspects of MetroBus' operations together with an attendance bonus for continuity of service up to the closing down date. This is to ensure that MetroBus can continue to provide a service to the people of Perth up to closure.

We are satisfied that these arrangements are in the public interest, and that we should reflect them in an award of the Commission made pursuant to s.170MX, to guarantee that they will apply without variation during the period of the wind up.

Accordingly, we propose to make an award which will in substance deal with the matters contained in exhibit W1, although there are some drafting matters which we need to attend to. The MetroBus (Perth) Section 170MX Award 1997 [Print P6983 [M1755]] will come into force from the beginning of the first fortnightly pay period to commence on after 24 Novmeber, 1997 and remain in force until 18 July, 1998.

BY THE COMMISSION:

SENIOR DEPUTY PRESIDENT

Appearances:

G Wibrow for MetroBus.

R Wells and S Fuller for the Australian Rail, Tram and Bus Industry Union.

Hearing details:

1997.

Perth:

November 24.

Decision Summary

'


Enterprise bargaining - termination of bargaining period - arbitration - s.170MX Workplace Relations Act 196 - various employees, public transport industry - prior to substantive hearing, WA Government announced MetroBus was to be wound up - Australian Rail, Tram and Bus Industry Union ultimately accepted winding up agreement - given unusual circumstances, arrangements should be reflected in s.170MX award - award to commence 24 November 1997.
Metropolitan (Perth) Passenger Transport Trust (MetroBus) v Australian Rail, Tram and Bus Industry Union
C No 23042 of 1997
Print P6981
Polites SDP
Drake DP
Laing C
Perth
25 November 1997

Printed by Authority by the Australian Industrial Relations Commission

<Price code B>

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