Annual Leave Loading Dispute

Bulletin 3, 2017 –

 To: RTBU Members: Sydney and NSW Trains – 

Members are advised that a number of occurrences of Members not being paid their Annual Leave Loading entitlement, have been raised with the RTBU Office.

The non-payment of this entitlement has been linked to Transport Shared Services Payroll not paying employees more than the yearly allotment of annual leave loading (4 weeks Leave – 152 Hours Non-shiftworker/ 5 weeks leave – 190 Hours Shiftworker) irrespective of whether the annual leave being taken is for (2) separate years rostered annual leave.

An example of this is: an employee clears their full 2016 rostered annual leave in June/July, this would attract the 152 or 190 hours of annual leave loading.  The same employee then commences the 2017 rostered annual leave in December 2016 they will not be paid annual leave loading on any days/hours that fall in December 2016.  Management have indicated that employees would still get their annual leave loading for that period but this would not take place till the end of 2017.

It is the Union’s position that employees are entitled to receive annual leave loading for all annual leave taken and this is to be paid at the time of clearing the annual leave.

The RTBU has placed this matter into dispute as this is a breach of the relevant EA Clause 27.2 (NSW Trains) and Clause 28.2 (Sydney Trains). It is clear from these Clauses that Annual Leave Loading is paid in addition to your annual leave. We have also spoken to Sydney and NSW Trains Management about the fact that the non-payment of annual leave loading at the time of clearing annual leave is a denial of an entitlement and the intent of leave loading was to compensate employees for lost earnings whilst they were on annual leave.

Members who have cleared or are in the process of clearing their 2017 rostered annual leave should check their pay dockets to see whether they have been paid their entire annual leave loading.  If you find that you have not you should contact your local Delegate and/or the RTBU Office with details.