Rail Industry Award 2010

Rail Industry Award 2010

 

The above award was first made on 19 December 2008 [PR985125]

This consolidated version of the award includes variations made on 11 September 2009 [PR988360]; 18 November 2009 [PR990845]

NOTE: Transitional provisions may apply to certain clauses - see clause 2

 

Table of Contents

[Varied by PR988360]

Part 1 - Application and Operation

1.              Title

2.              Commencement and transitional

3.              Definitions and interpretation

4.              Coverage

5.              Access to the award and the National Employment Standards

6.              The National Employment Standards and this award

7.              Award flexibility

Part 2 - Consultation and Dispute Resolution

8.              Consultation regarding major workplace change

9.              Dispute resolution

Part 3 - Types of Employment and Termination of Employment

10.              Types of employment

11.              Probationary period

12.              Termination of employment

13.              Redundancy

Part 4 - Minimum Wages and Related Matters

14.              Classifications and minimum wage rates

15.              Allowances and expenses

16.              District allowances

17.              Accident pay

18.              Annualised wage and salary arrangements

Part 5 - Hours of Work and Related Matters

19.              Ordinary hours of work

20.              Rostering

21.              Breaks

22.              Overtime and penalty rates

Part 6 - Leave

23.              Annual leave

24.              Personal/carer's leave and compassionate leave

25.              Community service leave

Schedule A - Classification Definitions

Schedule B - School-Based Apprentices

Schedule C - Supported Wage System

 


Part 1 - Application and Operation

 

1.              Title

This award is the Rail Industry Award 2010.

2.              Commencement and transitional

[Varied by PR988360]

2.1              This award commences on 1 January 2010.

[2.2-2.6 inserted by PR988360]

2.2              The monetary obligations imposed on employers by this award may be absorbed into overaward payments. Nothing in this award requires an employer to maintain or increase any overaward payment.

2.3              This award contains transitional arrangements which specify when particular parts of the award come into effect.

2.4              Neither the making of this award nor the operation of any transitional arrangements is intended to result in a reduction in the take-home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take-home pay as a result of the making of this award or the operation of any transitional arrangements, Fair Work Australia may make any order it considers appropriate to remedy the situation.

2.5              Fair Work Australia may review the transitional arrangements in this award and make a determination varying the award.

2.6              Fair Work Australia may review the transitional arrangements:

(a)              on its own initiative; or

(b)              on application by an employer, employee, organisation or outworker entity covered by the modern award; or

(c)              on application by an organisation that is entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award; or

(d)              in relation to outworker arrangements, on application by an organisation that is entitled to represent the industrial interests of one or more outworkers to whom the arrangements relate.

3.              Definitions and interpretation

3.1              Unless the context otherwise requires, in this award:

Act means the Workplace Relations Act 1996 (Cth)

afternoon shift means a shift that commences before 6.00 pm and concludes after 6.30 pm

base rate of pay is as defined in the NES

Commission means the Australian Industrial Relations Commission or its successor

early morning shift means a shift that commences at or between 4.00 am and 5.30 am

employee has the meaning in the Act

employer has the meaning in the Act

enterprise award has the meaning in the Act

NAPSA means notional agreement preserving a State award and has the meaning in the Act

NES means National Employment Standards

night shift means a shift that commences at or between 6.00 pm and 3.59 am

private siding means a siding that is managed, owned or controlled by a person, other than a person who manages the rail infrastructure with which the siding connects or to which it has access, but does not include the following:

(a)              a marshalling yard;

(b)              a crossing loop;

(c)              a passenger terminal; or

(d)              a freight terminal.

rail infrastructure means the facilities that are necessary to enable a railway to operate safely and includes, but is not limited to:

(e)              railway tracks and associated track structures;

(f)              service roads, signalling systems, communications systems, rolling stock control systems and data management systems;

(g)              notices and signs;

(h)              electrical power supply and electric traction systems;

(i)              associated buildings, workshops, depots and yards; and

(j)              plant, machinery and equipment;

but does not include rolling stock.

Rail Infrastructure Manager means the person who has effective management and control of rail infrastructure, whether or not the person:

(a)              owns the rail infrastructure; or

(b)              has a statutory or contractual right to use the rail infrastructure or to control, or provide access to it.

Rail Transport Operator means a Rail Infrastructure Manager and/or Rolling Stock Manager

Rolling Stock Manager means a person who has effective management and control of the operation or movement of rolling stock on rail infrastructure for a particular railway

shiftwork means work performed by shiftworkers

shiftworker means an employee who is a seven day shiftworker who is regularly rostered to work on Sundays and public holidays

standard rate per hour means the minimum weekly wage for a Level 4 technical and civil infrastructure employee in clause 14.1 divided by 38.

standard rate means the minimum weekly wage for a Level 4 technical and civil infrastructure employee in clause 14.1

3.2              Where this award refers to a condition of employment provided for in the NES, the NES definition applies.

4.              Coverage

4.1              This industry award covers employers throughout Australia who are Rail Transport Operators and their employees in the classifications listed in clause 14.1 to the exclusion of any other modern award.

4.2              This award does not cover employers and employees:

(a)              predominantly engaged in operations, which may include the transport of freight and/or passengers, on private sidings that do not form part of a main freight or passenger line;

(b)              engaged in the construction, maintenance or operation of a railway on a sugar mill rail network or sugar mill private siding which do not form part of a main freight or passenger line;

(c)              engaged solely in the transportation, handling and loading of metals, minerals, ores or substances using the plant or infrastructure (including rail and or ports) of the mine operator or a related company;

(d)              engaged in operations on a mining lease or tenement which do not form part of a main freight or passenger line;

(e)              engaged in the design, construction, fabrication or maintenance of rail infrastructure or rolling stock, except where such activities are conducted by a Rail Transport Operator;

(f)              engaged in the provision of light rail, monorail or tram services;

(g)              engaged principally in the provision of tourist and/or heritage rail services;

(h)              engaged in the provision of amusement park or related operations;

(i)              engaged in the provision of road transport where the transport is not operated by a Rail Transport Operator; or

(j)              engaged in the provision of ship or other transport; or

(k)              engaged in the operation of freight terminals, where the terminal is not operated by a Rail Transport Operator.

4.3              This award does not cover:

(a)              an employer bound by an enterprise award with respect to any employee who is covered by the enterprise award; or

(b)              an employee excluded from award coverage by the Act.

4.4              Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.

NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.

5.              Access to the award and the National Employment Standards

The employer must ensure that copies of this award and the NES are available to all employees to whom they apply either on a noticeboard which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible.

6.              The National Employment Standards and this award

The NES and this award contain the minimum conditions of employment for employees covered by this award.

7.              Award flexibility

7.1              Notwithstanding any other provision of this award an employer and an individual employee may agree to vary the application of certain terms of this award to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning:

(a)              arrangements for when work is performed;

(b)              overtime rates;

(c)              penalty rates;

(d)              allowances; and

(e)              leave loading.

7.2              The employer and the individual employee must have genuinely made the agreement without coercion or duress.

7.3              The agreement between the employer and the individual employee must:

(a)              be confined to a variation in the application of one or more of the terms listed in clause 7.1; and

(b)              not disadvantage the individual employee in relation to the individual employee's terms and conditions of employment.

7.4              For the purposes of clause 7.3(b) the agreement will be taken not to disadvantage the individual employee in relation to the individual employee's terms and conditions of employment if:

(a)              the agreement does not result, on balance, in a reduction in the overall terms and conditions of employment of the individual employee under this award and any applicable agreement made under the Act, as those instruments applied as at the date the agreement commences to operate; and

(b)              the agreement does not result in a reduction in the terms and conditions of employment of the individual employee under any other relevant laws of the Commonwealth or any relevant laws of a State or Territory.

7.5              The agreement between the employer and the individual employee must also:

(a)              be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee's parent or guardian;

(b)              state each term of this award that the employer and the individual employee have agreed to vary;

(c)              detail how the application of each term has been varied by agreement between the employer and the individual employee;

(d)              detail how the agreement does not disadvantage the individual employee in relation to the individual employee's terms and conditions of employment; and

(e)              state the date the agreement commences to operate.

7.6              The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.

7.7              An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee's comprehension of written English is limited, the employer must take measures, including translation into an appropriate language, to ensure that the employee understands the proposal.

7.8              The agreement may be terminated:

(a)              by the employer or the individual employee giving four weeks' notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or

(b)              at any time, by written agreement between the employer and the individual employee.

7.9              The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between an employer and an individual employee contained in any other term of this award.

Part 2 - Consultation and Dispute Resolution

 

8.              Consultation regarding major workplace change

8.1              Employer to notify

(a)              Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must notify the employees who may be affected by the proposed changes and their representatives, if any.

(b)              Significant effects include termination of employment, major changes in the composition, operation or size of the employer's workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations and the restructuring of jobs. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.

8.2              Employer to discuss change

(a)              The employer must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 8.1, the effects the changes are likely to have on employees, and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.

(b)              The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 8.1.

(c)              For the purposes of such discussion, the employer must provide in writing to the employees concerned and their representatives, if any, all relevant information about the changes including the nature of the changes proposed; the expected effects of the changes on employees and any other matters likely to affect employees provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the employer's interests.

9.              Dispute resolution

9.1              In the event of a dispute about a matter arising under this award, or in relation to the NES, in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate.

9.2              If a dispute in relation to a matter arising under this award or the NES is unable to be resolved at the workplace, and all appropriate steps under clause 9.1 have been taken, a party to the dispute may refer the dispute to the Commission.

9.3              The parties may agree on the process to be utilised by the Commission including mediation, conciliation and consent arbitration.

9.4              Where the matter in dispute remains unresolved, the Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.

9.5              An employer or employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause.

9.6              While the dispute resolution procedure is being conducted work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation, an employee must not unreasonably fail to comply with a direction by the employer to perform work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.

Part 3 - Types of Employment and Termination of Employment

 

10.              Types of employment

An employee may be engaged on a full-time, part-time or casual basis.

10.1              Full-time employment

A full-time employee is an employee who is engaged to work an average of 38 ordinary hours per week.

10.2              Part-time employment

(a)              A part-time employee is an employee who:

(i)              is engaged to work an average of fewer than 38 ordinary hours per week; and

(ii)              receives, on a pro-rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.

(b)              For each hour worked, a part-time employee will be paid no less than 1/38th of the minimum weekly rate of pay for their classification in clause 14.

(c)              Before commencing part-time employment the employee and employer must agree upon the number of hours to be worked each day, the days of the week the employee will work and the starting and finishing times each day.

(d)              All time worked in excess of the agreed hours will be paid at the appropriate overtime rate.

10.3              Casual employment

(a)              A casual employee is one engaged and paid as such. A casual employee's ordinary hours of work are the lesser of 38 hours per week or the hours required to be worked by the employer.

(b)              For each hour worked, a casual employee will be paid no less than 1/38th of the minimum weekly rate of pay for their classification in clause 14, plus a casual loading of 25%.

(c)              The casual loading is paid instead of annual leave, paid personal/carer's leave, notice of termination, redundancy benefits and the other attributes of full-time or part-time employment. The loading constitutes part of the casual employee's all purpose rate.

11.              Probationary period

11.1              An employer may initially engage a full-time or part-time employee for a period of probationary employment for the purpose of determining the employee's suitability for ongoing employment. The employee must be advised in advance that the employment is probationary and of the duration of the probation which is to be either:

(a)              three months or less; or

(b)              more than three months and is reasonable, having regard to the nature and circumstances of the employment.

11.2              A probationary employee is for all purposes of the award a full-time or part-time employee.

11.3              Probationary employment forms part of an employee's period of continuous service for all purposes of the award, except where otherwise specified in this award.

12.              Termination of employment

12.1              Notice by the employer

Notice of termination is provided for in the NES.

12.2              Notice of termination by an employee

The notice of termination required to be given by an employee is the same as that required of an employer except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination, under this award or the NES, an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by the clause less any period of notice actually given by the employee.

12.3              Job search entitlement

Where an employer has given notice of termination to an employee, an employee must be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer.

13.              Redundancy

13.1              Redundancy pay is provided for in the NES, mainly in Subdivision B - Redundancy pay of Division 10.

13.2              Transfer to lower paid duties

Where an employee is transferred to lower paid duties by reason of redundancy the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may at the employer's option, make payment instead of an amount equal to the difference between the former ordinary rate of pay and the new ordinary time rate for the number of weeks of notice still owing.

13.3              Employee leaving during notice period

An employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The employee is entitled to receive the benefits and payments they would have received under this clause had they remained in employment until the expiry of the notice, but is not entitled to payment instead of notice.

13.4              Job search entitlement

(a)              An employee given notice of termination in circumstances of redundancy must be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment.

(b)              If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee must, at the request of the employer, produce proof of attendance at an interview or he or she will not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.

(c)              This entitlement applies instead of clause 12.3.

13.5              Transitional provisions

(a)              Subject to clause 13.5(b), an employee whose employment is terminated by an employer is entitled to redundancy pay in accordance with the terms of a NAPSA:

(i)              that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement made under the Act had applied to the employee; and

(ii)              that would have entitled the employee to redundancy pay in excess of the employee's entitlement to redundancy pay, if any, under the NES.

(b)              The employee's entitlement to redundancy pay under the NAPSA is limited to the amount of redundancy pay which exceeds the employee's entitlement to redundancy pay, if any, under the NES.

(c)              This clause does not operate to diminish an employee's entitlement to redundancy pay under any other instrument.

(d)              This clause ceases to operate on 31 December 2014.

Part 4 - Minimum Wages and Related Matters

 

14.              Classifications and minimum wage rates

14.1              Adult employees

(a)              The classification definitions of employees are set out in Schedule A - Classification Definitions.

(b)              A full-time adult employee must be paid a minimum weekly rate as set out below:

Clerical, Administration and Professional (C.A.P.)

Minimum Weekly Rate

$

Annual Salary Equivalent

$

Level 1

Rail Worker (C.A.P.)

575.00

30,003

Level 2

Rail Worker (C.A.P.)

625.00

32,612

Level 3

Rail Worker (C.A.P.)

650.00

33,916

Level 4

Rail Worker (C.A.P.)

680.00

35,481

Level 5

Rail Worker (C.A.P.)

740.00

38,612

Level 6

Rail Worker (C.A.P.)

795.00

41,482

Level 7

Rail Worker (C.A.P.)

845.00

44,091

Level 8

Rail Worker (C.A.P.)

955.00

49,831

Level 9

Rail Worker (C.A.P.)

1,150.00

60,005

Operations (Op)

Minimum Weekly Rate

$

Annual Salary Equivalent

$

Level 1

Rail Worker (Op)

543.90

28,380

Level 2

Rail Worker (Op)

580.00

30,264

Level 3

Rail Worker (Op)

645.00

33,655

Level 4

Rail Worker (Op)

710.00

37,047

Level 5

Rail Worker (Op)

780.00

40,699

Level 6

Rail Worker (Op)

835.70

43,606

 

Technical and Civil Infrastructure (T.C.I.)

 

Minimum Weekly Rate

$

Level 1

Rail Worker (T.C.I.)

560.05

Level 2

Rail Worker (T.C.I.)

582.90

Level 3

Rail Worker (T.C.I.)

603.80

Level 4

Rail Worker (T.C.I.)

637.60

Level 5

Rail Worker (T.C.I.)

667.00

Level 6

Rail Worker (T.C.I.)

698.00

Level 7

Rail Worker (T.C.I.)

755.00

14.2              Junior employees

Where the law permits junior employees to perform work in the rail industry, the junior employee will be entitled to the percentage of the applicable adult weekly wage (in the case of part-time or casual employees the hourly rate) for their classification as set out in the table below:

 

Age

% of adult rate

16 years or less

75

At 17 years

85

At 18 years

100

 

14.3              Apprentices and trainees

(a)              The terms of this award apply to junior apprentices and trainees, subject to the provisions of an applicable contract of apprenticeship or training agreement operating under federal, state or territory apprenticeship or training legislation and the National Training Wage Award 2000 (or any successor award).

(b)              Trainees will be entitled to the percentage of the applicable adult weekly wage for their classification as set out in the National Training Wage Award 2000 (or any successor award).

(c)              Apprentices will be entitled to the percentage of the applicable adult weekly wage for their classification as set out in the table below:

Year of apprenticeship

% of adult rate

1st year

45

2nd year

55

3rd year

75

4th year

88

14.4              School-based apprentices

Arrangements for school-based apprentices are set out in Schedule B.

14.5              Supported wage system

The supported wage arrangements for employees with a disability are set out in Schedule C.

15.              Allowances and expenses

Allowances applicable to all employees

15.1              Expenses incurred in the course of employment

(a)              Meal allowance

Employees who work more than two hours overtime in a minimum of ten hours on duty will be paid an allowance of $12.75.

(b)              Tool allowance

A tradesperson required to provide and maintain the tools ordinarily required by that trade in the performance of work as a tradesperson must be paid a tool allowance of $15.95 per week which must be included in and form part of the employee's ordinary rate of pay.

(c)              Relocation allowance

Employees who are required by the employer to permanently transfer to a new location which requires the employee to move house will be reimbursed all reasonable and necessary out of pocket expenses for:

(i)              once only travel to the new location for the employee, spouse and dependents;

(ii)              costs of removal and relocation, including furniture and effects, legal costs for sale and/or purchase of new dwellings; and

(iii)              if unable to find permanent accommodation, reasonable payment of rent at temporary accommodation for a period of six weeks.

(d)              Travel and incidentals

Employees who are required by their employer to undertake work away from their normal workplace which does not enable a return to their home will be reimbursed for the reasonable and necessary cost of the expenses they incur.

15.2              Allowances for responsibilities or skills that are not taken into account in rates of pay

(a)              First aid allowance

An employee who has been trained to render first aid and who is the current holder of appropriate first aid qualifications such as a certificate from the St John Ambulance or similar body must be paid a weekly allowance of 1.9% of the standard rate if appointed by the employer as a first aid officer.

(b)              Higher duties allowance

An employee performing the tasks, role and responsibilities of an employee at a higher classification on a temporary basis for one shift (or day, whichever is appropriate) must be paid at the higher wage rate for the period they perform those duties.

(c)              On-call allowance

(i)              Where the employer requires an employee to be on-call during a period off duty, the employee will be entitled to be paid an allowance of 6.5% of daily rate calculated by reference to the standard rate each night or 16.3% of the daily rate calculated by reference to the standard rate when on-call for a day and a night.

(ii)              An employee on-call means that such employee has been instructed, prior to ceasing duty, that the employee is or may be required to perform duty by way of receiving or making telephone calls, or to return to duty, before the next normal time of commencing duty.

(iii)              The provisions of this clause do not apply to an employee who is not eligible for payment of overtime, except with the approval of the employer or whose private telephone rental and local telephone call charges are paid by the employer.

Allowances applicable to technical and civil infrastructure employees

15.3              Expenses incurred in the course of employment

(a)              Reimbursement for damage to personal property and supply of protective equipment

(i)              Damage to clothing, spectacles, hearing aids and tools

Except where the clothing or item is paid for by the employer:

·              Compensation must be made by an employer to an employee to the extent of the damage sustained where, in the course of work, clothing, spectacles, hearing aids or tools of trade are damaged or destroyed by fire or molten metal or through the use of corrosive substances. The employer's liability in respect of tools is limited to the tools of trade which are ordinarily required for the performance of the employee's duties. Compensation is not payable if an employee is entitled to workers' compensation in respect of the damage.

·              Where an employee as a result of performing any duty required by the employer, and as a result of negligence of the employer, suffers any damage to or soiling of clothing or other personal equipment, including spectacles and hearing aids, the employer is liable for the replacement, repair or cleaning of such clothing or personal equipment including spectacles and hearing aids.

(ii)              Protective clothing and equipment allowance

Where an employee is required to wear protective clothing and equipment as stipulated by the relevant law operating in a State or Territory, the employer must reimburse the employee for the cost of purchasing such special clothing and equipment.

15.4              Allowances and special rates responsibilities, skills or disabilities that are not taken into account in rates of pay

Special rates: subject to clauses 15.4(a) and (b), the following rates must be paid to an employee including an apprentice and a junior:

(a)              Rates not cumulative

(i)              Where more than one of the disabilities set out in clause 15.4 entitles an employee to extra rates, the employer must pay only one rate, namely the highest rate for the applicable disabilities.

(ii)              Provided that this does not apply in relation to wet places, confined spaces, dirty work or height money, the rates for which are cumulative.

(b)              Special rates are not subject to penalty additions

The rates in this clause must be paid irrespective of the times at which the work is performed, and are not subject to any premium or penalty additions.

(c)              Wet places

(i)              An employee working in any place where their clothing or boots become saturated by water, oil or another substance, must be paid 2.9% of the standard rate per hour extra. Any employee who becomes entitled to this extra rate must be paid such rate only for the part of the day or shift that they are required to work in wet clothing or boots.

(ii)              This clause does not apply to an employee who is provided by the employer with suitable and effective protective clothing and/or footwear.

(d)              Confined spaces

An employee working in a confined space must be paid 3.8% of the standard rate per hour extra.

(e)              Dirty work

Where an employee and their supervisor agree that work is of an unusually dirty or offensive nature, the employee must be paid 2.9% of the standard rate per hour extra.

(f)              Height money

An employee other than a linesperson, linesperson's assistant, rigger and splicer, engaged in the construction, erection, repair and/or maintenance of structures at a height in each case of 15 metres or more directly above the nearest horizontal plane is to be paid 2.1% of the standard rate per hour extra.

(g)              Insulation materials

An employee handling loose slag wool, loose insulwool or other loose material of a like nature used for providing insulation against heat, cold or noise, must be paid 3.8% of the standard rate per hour extra.

(h)              Explosive powered tools

[Varied by PR990845]

An employee required to use explosive powered tools must be paid per day 7.5% of the standard rate per hour extra. Where an hourly rate is required, it is calculated by dividing the rate by 7.6.

(i)              Foundry allowance

(i)              An employee working in a foundry must be paid an allowance of 2.2% of the standard rate per hour extra for each hour worked to compensate for all disagreeable features associated with foundry work including heat, fumes, atmospheric conditions, sparks, dampness, confined spaces and noise.

(ii)              The foundry allowance is payable instead of any payment otherwise due under clause 15.4.

(iii)              For the purposes of this clause foundry work means any operation in the production of castings by casting metal in a mould made of sand, loam, metal, moulding composition or other material or mixture of materials, or by shall moulding, centrifugal casting or continuous casting and, where carried on as an incidental process in connection with and in the course of the aforementioned production, the preparation of moulds and cores (but not in the making of patterns and dies in a separate room), knock out processes and dressing operations, but does not include any operations performed in connection with:

·              non-ferrous die casting (including gravity and pressure);

·              casting of billets and/or ingots in metal moulds;

·              continuous casting of metal into billets;

·              melting of metal for use in printing; or

·              refining of metal.

(iv)              An employee is not entitled to be paid the foundry allowance for any work in a foundry during any period that foundry production is not being carried out, with the exception of any work carried out within the eight hour period immediately following the cessation of foundry production.

15.5              Method of adjusting expense related allowances

At the time of any adjustment to the standard rate, each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.

The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:

 

Meal allowance

Take away and fast foods sub-group

 

Tool allowance

Tools component of the household appliances, tools and utensils sub-group

16.              District allowances

16.1              Northern Territory

An employee in the Northern Territory is entitled to payment of a district allowance in accordance with the terms of an award made under the Workplace Relations Act 1996 (Cth):

(a)              that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement made under that Act had applied to the employee; and

(b)              that would have entitled the employee to payment of a district allowance.

16.2              Western Australia

An employee in Western Australia is entitled to payment of a district allowance in accordance with the terms of a NAPSA or an award made under the Workplace Relations Act 1996 (Cth):

(a)              that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement made under that Act had applied to the employee; and

(b)              that would have entitled the employee to payment of a district allowance.

16.3              This clause ceases to operate on 31 December 2014.

17.              Accident pay

17.1              Subject to clause 17.2, an employee is entitled to accident pay in accordance with the terms of:

(a)              a NAPSA that would have applied to the employee immediately prior to 1 January 2010 or an award made under the Workplace Relations Act 1996 (Cth) that would have applied to the employee immediately prior to 27 March 2006, if the employee had at that time been in their current circumstances of employment and no agreement made under the Workplace Relations Act 1996 (Cth) had applied to the employee; and

(b)              that would have entitled the employee to accident pay in excess of the employee's entitlement to accident pay, if any, under any other instrument.

17.2              The employee's entitlement to accident pay under the NAPSA or award is limited to the amount of accident pay which exceeds the employee's entitlement to accident pay, if any, under any other instrument.

17.3              This clause does not operate to diminish an employee's entitlement to accident pay under any other instrument.

17.4              This clause ceases to operate on 31 December 2014.

18.              Annualised wage and salary arrangements

18.1              An employer and an employee may agree to enter into an annualised salary arrangement instead of any or all of the following provisions of this award:

Clause 14 - Classifications and minimum wage rates;

Clause 15 - Allowances and expenses;

Clause 22 - Overtime and penalty rates; and

Clause 23 - Annual leave loading;

18.2              Where an annualised salary is paid the employer must specify in writing the annual salary that is payable and what provisions of this award will not apply as a result of the annualised salary arrangement.

18.3              The annual salary must be no less than the amount the employee would have been entitled to receive under the rates and allowances prescribed by this award. The annual salary is paid in full satisfaction of any obligation to otherwise make payments to the employee under this award and may be relied upon to set off any such obligation, whether of a different character or not.

18.4              In addition to the requirements of clause 18.3, any written agreement under this clause must specify each separate component of the annualised wage or salary arrangement and any overtime or penalty assumptions and calculations commuted into the annualised arrangement.

18.5              The employer must give the employee a copy of the agreement and keep the agreement as a time and wages record.

(a)              The agreement may be terminated:

(i)              by the employer or the employee giving 12 months' notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or

(ii)              at any time, by written agreement between the employer and the individual employee.

Part 5 - Hours of Work and Related Matters

 

19.              Ordinary hours of work

19.1              This clause supplements Division 2 of the NES which deals with Maximum weekly hours.

19.2              The ordinary hours of a full-time, part-time or casual employee will be in accordance with clause 10 - Types of employment.

19.3              For the purposes of section 12 of Division 2 of the NES, an employee's weekly hours may be averaged over a period of up to 16 weeks.

19.4              The ordinary hours of work for a day worker in a Clerical, Administration and Professional classification may be worked between 6.00 am and 6.30 pm. The ordinary hours of work for a day worker in a Technical and Civil Infrastructure classification may be worked between 6.00 am and 6.30 pm.

19.5              An employer, and the majority of affected employees may agree to alter the spread of hours in clause 19.4.

19.6              Employees may be required to work up to ten ordinary hours per day. If the employer and majority of affected employees agree, up to 12 ordinary hours per day may be worked.

20.              Rostering

20.1              The employer may change shift rosters or require an employee to work a different shift roster at the direction of the employer where operational circumstances require. The employer will provide the employee with as much notice as practicable prior to any change in the roster and, wherever possible, the employer will consult with the employee before any change to the roster is made.

20.2              The employer will arrange overtime work or shift work in a manner that ensures employees are provided with a break between work on successive days or shifts. The minimum break will reflect the operational requirements and conform to the principles of fatigue management.

21.              Breaks

An employee may be rostered for an unpaid meal break of not less than 30 minutes during the course of an eight hour shift provided that it does not interfere with operational requirements. Where an unpaid meal break is provided, the employee, where practical, should not be required to work more than five hours without a break.

22.              Overtime and penalty rates

22.1              Overtime and penalties exclusion

(a)              An employee within the Clerical, Administrative and Professional classifications engaged on a base rate of pay per annum that is at or above Level 7 will not be entitled to overtime.

(b)              An employee working on a Saturday, Sunday or public holiday or working overtime will not receive a payment of a shift penalty.

22.2              Except as provided otherwise in this clause employees will be entitled to be paid:

(a)              A loading of 50% of the ordinary hourly base rate of pay for the first three hours, and 100% the ordinary hourly base rate of pay thereafter for any time worked outside of ordinary hours on a Monday to Friday, except for public holidays.

(b)              For all ordinary hours and overtime worked between midnight Friday and midnight Saturday a loading of 50% of the ordinary hourly base rate of pay.

(c)              For a minimum of four hours if recalled to work overtime after leaving the employer's premises.

22.3              Time off instead of overtime payment

(a)              An employee may elect, with the consent of the employer, to take time off instead of payment for overtime at a time or times agreed with the employer.

(b)              The employee may take one hour of time off for each hour of overtime, paid at the employee's ordinary hourly base rate of pay.

22.4              Shift work penalties

(a)              An employee whilst on early morning shift or afternoon shift will be paid a loading of 13.23% of the standard rate per hour.

(b)              An employee whilst on night shift will be paid a loading of 15.73% of the standard rate per hour.

(c)              An employee whilst on permanent night shift will be paid a loading of 29.86% of the standard rate per hour.

22.5              Sunday work

An employee will be paid a loading of 100% of the ordinary hourly base rate of pay for any hours, ordinary and overtime, worked on a Sunday.

22.6              Public holidays

An employee will be paid a loading of 150% of the ordinary hourly base rate of pay, for any hours, ordinary and overtime, worked on a public holiday.

Part 6 - Leave

 

23.              Annual leave

23.1              This clause of the award supplements Division 5 of the NES which deals with annual leave.

23.2              For the purposes of Division 5 of the NES a shiftworker as defined in this award and a permanent night shiftworker are entitled to five weeks of paid annual leave.

23.3              Subject to clause 23.4 when an employee takes a period of paid annual leave, the employee will be paid an annual leave loading of 17.5% of the base rate of pay for the period in addition to the payment required to be made under Division 5 of the NES. The annual leave loading for a shiftworker is 20%.

23.4              By agreement between an employer and an employee a period of annual leave may be taken in advance of the entitlement accruing. Provided that if leave is taken in advance and the employment terminates before the entitlement has accrued the employer may make a corresponding deduction from any money due to the employee on termination.

23.5              An employer may direct an employee to take paid annual leave if the employee has accrued more than eight weeks paid annual leave, and the employer and employee are unable to reach agreement on the taking of the leave. An employer must give an employee at least 28 days notice prior to the date the employee is required to commence the leave.

24.              Personal/carer's leave and compassionate leave

Personal/carer's leave and compassionate leave are provided for in Division 6 of the NES.

25.              Community service leave

Community service leave is provided for in Division 7 of the NES.

Schedule A - Classification Definitions

 

Clerical, Administrative and Professional Classifications

Preamble

Employees at each level may be required to have the competencies for the level or levels below their level. When required, employees at each level will undertake lower level duties as well as performing tasks incidental to work at their level. The employer will ensure employees' undertake duties which are within the limits of the employee's skills, competence and training.

 

Level

Tasks and Functions

Minimum Weekly Rate

$

1

Employees at this level will include the initial recruit who may have limited relevant experience.

575.00

 

·              Initially work is performed under close direction using established practices, procedures and instructions.

·              Employees perform routine clerical and office functions requiring an understanding of clear, straightforward rules or procedures and may be required to operate office equipment.

·              Employees at this level are responsible and accountable for their own work within established routines, methods and procedures and the less experienced employee's work may be subject to checking at all stages.

·              The more experienced employee may be required to give assistance to less experienced employees in the same classification.

 

2

Employees at this level are responsible and accountable for their own work which is performed within established guidelines and processes.

625.00

 

·              In some situations detailed instructions may be necessary.

·              The employees may be required to exercise limited judgement and initiative within the range of their skills, training and knowledge.

·              The work of these employees may be subject to progress and final checking.

·              Employees may be required to check the work and/or provide guidance to other employees at a lower level and/or provide assistance to less experienced employees at the same level.

·              Employees at this level may have a certification in a relevant area of their duties.

 

3

Employees at this level have achieved a standard to be able to perform some specialised or routine tasks or features of the work.

650.00

 

·              Employees require only general guidance or direction and there is scope for the exercise of limited initiative, discretion and judgement in carrying out their assigned duties.

·              Such employees may be required to give assistance and/or guidance (including guidance in relation to quality of work and which may require some allocation of duties) to employees in Levels 1 and 2.

·              Employees at this level would be able to train Level 1 and 2 employees by means of personal instruction and demonstration.

·              Employees will hold an associate diploma or equivalent allowing them to perform the specialised tasks.

·              This level will include university graduates within their 1st and 2nd year post graduation with no prior industry relevant experience.

 

4

Employees at this level will have achieved a level of organisational or industry specific knowledge sufficient for them to give general advice and/or information to the organisation and clients in relation to specific areas of their responsibility.

680.00

 

·              They would require only limited guidance or direction and would normally report to more senior staff as required.

·              They will exercise initiative, discretion and judgement at times in the performance of their duties.

·              Whilst not a pre-requisite, a principal feature of this level is supervision of employees in lower levels in terms of responsibility for the allocation of duties, co-ordinating work flow checking progress, quality of work and resolving problems.

·              They are able to train employees in Levels 1 to 3 by personal instruction and demonstration.

·              Employees at this level will have relevant tertiary qualifications or equivalent.

 

5

Employees will typically have worked or studied in a relevant field and will have achieved a standard of relevant and/or specialist knowledge and experience sufficient to enable them to advise on a range of activities.

740.00

 

·              Employees at this level will contribute, as required, to the determination of objectives, within the relevant field(s) of their expertise.

·              They are responsible and accountable for their own work.

·              They may have delegated responsibility for the work under their control or supervision, in terms of scheduling workloads, resolving operations problems and monitoring the quality of work produced.

·              They may be required to counsel staff for performance as well as work related matters.

·              They would also be able to train and to supervise employees in lower levels by means of personal instruction and demonstration.

·              They would also be able to assist in the delivery of training courses.

·              They often exercise initiative, discretion and judgement in the performance of their duties.

·              Employees at this level will have relevant tertiary qualifications or equivalent.

 

6

The employee would be undertaking detailed research and analysis, preparing documents such as complex estimates and reports.

795.00

 

·              The employee would have specialist and detailed knowledge of systems such as timetabling, network, operations and infrastructure configurations, accounting, human resources and applicable legislation.

·              An employee at this level would be expected to have a high level of verbal and written communication skills and interpersonal skills.

·              They would have the ability to analyse situations and take corrective action where required applying problem solving methodologies where applicable.

·              Whilst not necessarily working autonomously, the employee would be expected to be responsible for the accuracy and timeliness of their work without direct supervision.

 

7

Employees at this level are subject to broad guidance or direction and would report to more senior staff as required.

845.00

 

·              Employees will typically have worked or studied in a relevant field and will have achieved a standard of relevant and/or specialist knowledge and experience sufficient to enable them to provide specialist advice on a range of activities.

·              They will be required to contribute to the determination of objectives within the relevant field of their expertise.

·              They are responsible and accountable for their own work and will have delegated responsibility for the work under their control or supervision in terms of scheduling workloads, resolving operations problems and monitoring the quality of work produced.

·              They will be required to counsel staff for performance as well as work related matters.

·              At this level the employee would oversee resources to ensure maximum asset or staff utilisation such as crew rostering or timetable preparation.

·              The employee may be liaising with external stakeholders and may be preparing strategies to meet financial targets or correct adverse trends or assisting in developing budgets.

·              They would also be able to train and to supervise employees in lower levels by means of personal instruction and demonstration.

·              They are able to undertake the delivery of training courses.

·              They often exercise initiative, discretion and judgement in the performance of their duties.

·              Employees at this level will have relevant tertiary qualifications or equivalent.

 

8

The employee would be supervising the day to day activities of others and managing their rosters and relief.

955.00

 

·              They may be delivering training to others.

·              Employees at this level will provide expert interpretation of documents and legislation.

·              The employee would be liaising with senior managers on complex matters and provide specialised reports on payroll or budgets.

·              The employee would have strong interpersonal skills and an ability to work autonomously.

·              They would have a high level of knowledge of specialised computer systems.

·              The employee can be expected to have 4 years post tertiary qualifications experienced or equivalent in their specialised area.

 

9

The employee will provide guidance and direction to staff supervising others. The employee will have high level specialised skills.

1,150.00

 


Operations Classifications

Preamble

Employees at each level may be required to have the competencies for the level or levels below their level. When required, employees at each level will undertake lower level duties as well as performing tasks incidental to work at their level. The employer will ensure employees' undertake duties which are within the limits of the employee's skills, competence and training.

 

Level

Tasks and Functions

Minimum Weekly Rate

$

1

Employees at this level undertake and successfully complete standard induction training and will be required to:

543.90

 

·              Be responsible for personal safety and use the protective equipment provided to perform work safely.

·              Undertake a range of functions with a basic knowledge of policies, procedures and guidelines using a sound level of skill to perform the functions.

·              Perform routine customer service, presentation and operations duties requiring minimal judgment.

·              Undertake tasks with direct supervision and guidance.

 

2

Employees at this level will be required to:

580.00

 

·              Perform semi-skilled work using relevant plant and equipment.

·              Undertake a range of functions with a sound knowledge of policies, procedures and guidelines using a sound level of skill to perform the functions.

·              Exercise discretion within their skill level and be responsible for the quality of the work.

·              Provide some supervision of staff undertaking routine customer service, presentation and operations duties.

·              Be able to implement and direct safe working requirements.

·              Undertake tasks with supervision and guidance.

 

3

Employees at this level will be required to:

645.00

 

·              Undertake a range of functions with a detailed knowledge of policies, procedures and guidelines using a substantial level of skill to perform the functions.

·              Be able to plan tasks and select the appropriate equipment and procedures from known alternatives, taking responsibility for the work of others.

·              Apply skills and knowledge in complex but routine work situations where discretion and judgement are involved.

·              Understand and apply quality control techniques.

·              Have acquired skills and knowledge through completion of relevant trade level qualifications or have the practical experience which has equipped the employee with an equivalent level of skills and knowledge.

·              Exercise discretion within the scope of this level undertaking tasks with limited supervision and guidance and assist in the provision of on-the-job training.

 

4

Employees at this level will have the level of skill or knowledge required to perform this work through the completion of a post trade certificate or equivalent, or through acquisition of practical skill and knowledge which has equipped the employee with the equivalent level of skill or knowledge. Employees will:

710.00

 

·              Undertake a range of functions with a detailed knowledge of policies, procedures, guidelines using a substantial level of skill to perform the functions.

·              Be required to complete work of a non-routine nature requiring the application of the relevant skills and knowledge to new but predictable situations.

·              Supervise staff undertaking complex but routine work.

·              Be capable of the safe operation of locomotives and other rolling stock.

·              Undertake tasks with little supervision and guidance.

 

5

Employees at this level will hold a trade level qualification used in the operations and have acquired additional knowledge by having satisfactorily completed a prescribed post trade course or achievement to the satisfaction of the employer of a comparable standard of skill and knowledge by other means. Employees will:

780.00

 

·              Undertake a range of functions with extensive knowledge of policies, procedures and guidelines using a high level of skill to perform the functions.

·              Be capable of:

·              providing the day to day leadership, direction, co-ordination and supervision of support staff.

·              working within budgets, co-ordinating or supervising others to optimise team performance.

·              training staff in the performance of safety critical operations.

·              Tasks are undertaken with no supervision.

This level includes a locomotive freight driver when actually in driver only operation on a main line or the driver of a train exceeding 3,000 tonnes but less than 8,000 tonnes.

 

6

Employees at this level hold specialist skills and knowledge in the operations and have completed trade and post trade certificate qualifications or equivalent achievement to the satisfaction of the employer of a comparable standard of skill and knowledge by other means. The employee will:

835.70

 

·              Undertake a range of functions with a detailed extensive knowledge of policies, procedures and guidelines using a high level of skill to perform the functions.

·              Be responsible for the delivery of safety critical operations.

·              Undertake tasks with no supervision and provide guidance and assistance to others.

·              Undertake functions including substantial leadership, direction, management and support of staff, but not the overall leadership and management of major/complex locations/terminals.

·              Be capable of delivering detailed training to others in the performance of complex but predictable functions.

This level includes a locomotive freight driver when actually the driver of a train of 8,000 tonnes.

 


Technical and Civil Infrastructure Classifications

Preamble

Employees at each level may be required to have the competencies for the level or levels below their level. When required, employees at each level will undertake lower level duties as well as performing tasks incidental to work at their level. The employer will ensure employees' undertake duties which are within the limits of the employee's skills, competence and training.

 

Level

Tasks and Functions

Minimum Weekly Rate

$

1

An employee at this level performs routine duties essentially of a manual nature and to the level of their training. These include:

560.05

 

·              Performing general labouring and cleaning duties.

·              Exercising minimal judgement.

·              Working under direct supervision.

·              Undertaking structured training so as to enable them to work at a Level 1.

·              Observes and applies all relevant rules, regulations, and instructions including attendance policies and instructions, rostered hours, wearing protective clothing, footwear and equipment, and safety and safeworking notices or instructions.

 

2

An employee at this level:

582.90

 

·              Works in accordance with standard operating procedures and established criteria.

·              Works under direct supervision either individually or in a team environment.

·              Understands and undertakes basic quality control/assurance procedures including the ability to recognise basic quality deviations/faults.

·              Follows safe work practices and can report workplace hazards.

 

3

An employee at this level would have completed a Level I or Level II certificate or equivalent and is:

603.80

 

·              Responsible for the quality of their own work subject to routine supervision.

·              Works under routine supervision either individually or in a team environment.

·              Exercises discretion within their level of skills and training.

·              Assists in the provision of on the job training.

 

4

An employee at this level would possess a trade certificate (Certificate Level III) and is able to exercise the skills and knowledge of their trade so as to enable the employee to perform work within the scope of this level. An employee at this level:

637.60

 

·              Understands and applies quality control techniques.

·              Exercises good interpersonal and communications skills.

·              Exercises discretion within the scope of this level.

·              Performs work under limited supervision either individually or in a team environment.

·              Operates lifting equipment incidental to their work.

·              Performs non-trade tasks incidental to their work.

·              Performs work which, while primarily involving the skills of the employee's trade, is incidental or peripheral to the primary task and facilitates the completion of the whole task, provided that such incidental or peripheral work does not require additional formal technical training.

·              Inspects products and/or materials for conformity with established operational standards.

 

5

An employee at this level would supervise non-trades staff (civil) or have experience in their trade stream and will be undertaking theoretical and practical training to attain qualifications for a Certificate Level IV. An employee at this level:

667.00

 

·              Provides limited technical guidance.

·              Prepares technical reports to the level of their competence.

·              Complies with quality and costs targets.

 

6

An employee at this level would possess a Certificate Level IV and is able to exercise the skills and knowledge of their trade so as to enable the employee to perform work within the scope of this level. An employee at this level:

698.00

 

·              Is able to provide trade guidance and assistance as part of a work team.

·              Provides training in conjunction with supervisors and trainers.

·              Understands and implements quality control techniques.

·              Works under limited supervision either individually or in a team environment.

·              Operates lifting equipment incidental to their work.

·              Performs non-trade tasks incidental to their work.

 

7

An employee at this level:

755.00

 

·              Provides technical guidance or assistance within the scope of this level.

·              Prepares reports of a technical nature on tasks or assignments within the employee's skills and competence.

·              Has an overall knowledge and understanding of the operating principle of the systems and equipment of which the tradesperson is required to carry out their task.

·              Acts as a Work Group Leader (signals) or provides system supervision and assists in the provision of on-the-job training in conjunction with supervisors and trainers.

 

 

Schedule B - School-Based Apprentices

 

B.1              The terms of this award apply pro rata to school-based apprentices, except where otherwise stated. A school-based apprentice is a person who is undertaking an apprenticeship in accordance with this clause while also undertaking a course of secondary education.

B.2              The minimum hourly wages for full-time apprentices as set out in this award apply to a school-based apprentice for total hours worked including time deemed to be spent in off-the-job training.

B.3              For the purposes of clause B.2, where a school-based apprentice is a full time school student, the time spent in off-the-job training for which the apprentice is paid is deemed to be 25% of the actual hours each week worked on-the-job. The wages paid for training time may be averaged over the semester or year.

B.4              A school-based apprentice is allowed, over the duration of the apprenticeship, the same amount of time to attend off-the-job training as an equivalent full-time apprentice.

B.5              For the purposes of clause B.4, off-the-job training is structured training delivered by a registered training organisation as specified in the training plan associated with the training agreement which is separate from normal work duties or general supervised practice undertaken on-the-job.

B.6              The duration of the apprenticeship is as specified in the training agreement. The period so specified to which apprentice wages apply must not exceed six years.

B.7              A school-based apprentice progresses through the wage scale at the rate of 12 months' progression for each two years of employment as an apprentice.

B.8              The wage scale is based on a standard apprenticeship of four years. The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.

B.9              Where an apprentice converts from a school-based to a full-time apprenticeship, all time spent as a full-time apprentice counts for the purposes of progression through the wage scale. This progression applies in addition to the progression achieved as a school-based apprentice.

Schedule C - Supported Wage System

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Code:
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Title:
Rail Industry Award 2020
Effective:
27 Sep 2021
Instrument Type:
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Rail Industry Award 2020
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