Rail, Tram and Bus Union of New South Wales v The Transport Secretary on behalf of State Transit Authority [2020] NSWIRComm 1079

Industrial Relations Commission New South Wales Medium Neutral Citation: Rail, Tram and Bus Union of New South Wales v The Transport Secretary on behalf of State Transit Authority [2020] NSWIRComm 1079 Hearing dates: 11 September 2019 and 13 December 2019 Date of orders: 23 November 2020 Decision date: 23 November 2020 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant Decision: Recommendations made Catchwords: INDUSTRIAL DISPUTE – Award interpretation – Conditions applying when Acting Out of Classification - Excess Travelling Time Legislation Cited: Industrial Relations Act 1996 (NSW), ss 10, 12, 130, 136, 175 Cases Cited: Kucks v CSR Limited (1996) 66 IR 182 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Treasury [2014] NSWIRComm 23 Rail, Tram and Bus Union of New South Wales & ors v Secretary for Transport [2017] NSWIRComm 1032 Category: Principal judgment Parties: Rail, Tram and Bus Union of New South Wales (notifier) The Transport Secretary on behalf of State Transit Authority (respondent) Representation: Counsel: Mr M Baroni (respondent)

Solicitors: Hall Payne Lawyers (notifier) File Number(s): 2019/138922

DeCision 1. On 3 May 2019, the Rail, Tram and Bus Union of New South Wales ("the RTBU") notified, pursuant to s 130 of the Industrial Relations Act 1996 ("the Act"), a dispute against the Transport Secretary on behalf of the State Transit Authority ("the STA") about payment of excess travelling time to Bus Operators acting up in salaried positions ("the Dispute"). 2. The Dispute Notification - Form 4 states that the question, dispute or difficulty is: The non-payment of excess travel time to bus operators acting up in salaried positions, where work is undertaken at a location other than the home depot they are contractually attached to. 1. The Dispute Notification refers to the State Transit Authority Bus Operations Enterprise (State) Award 2018 ("Operations Award") and the State Transit Authority Senior and Salaried Officers' Enterprise (State) Award 2018 ("Salaried Award") as "the award[s] which appl[y] to the employees".