Non Payment of Time Worked at Time and a Half When Called in With Less Than 24 Hours Notice

Bulletin 39 – 2014

To RTBU Members: Signaller Sub-Division

The RTBU have lodged a step 2 dispute with Sydney Trains in regards to the non-payment of time and a half when called in to cover a shift with less than 24 hours notice when on a book off day. Clause 114.2 pursuant to the Sydney Trains Enterprise Agreement states the following:

“Operational Wages Employees required to work on a book off day, other than a Saturday or Sunday, shall, unless they are given 24 hours notice, be paid for time worked at the rate of time and one half. Where another day off in lieu is granted, working a book off day shall stand alone and not be included for the calculation of any other payment under any other clause of this section.”

It is a common practice for Signallers, Area Controllers and LICs to be called in to cover shifts when on a book off day with less than 24 hours notice. On a number of occasions members have requested to be paid time and a half for that shift as per the enterprise agreement but this has been denied by Sydney Trains payroll stating that Signallers aren’t entitled to it.

Recently, Area Controllers have commenced claiming this entitlement. When payroll again denied the payment the delegates successfully challenged Sydney Trains position. At Sydenham Signal Complex Management has circulated an email containing the process to be followed so Area Controllers and LICs can be paid their entitlement.

The RTBU have outlined in the dispute notification what is required from Sydney Trains to resolve this dispute. These are:

• Sydney Trains commence paying the correct payment when claimed on the timesheet (and approved) by Signallers, Area Controllers and LICs Operators as per the enterprise agreement.

• Sydney Trains conduct an audit of the names supplied by the RTBU with the view of rectifying previous non-payments. Obviously, the rectifying would involve calculating how much is owed and to back pay this amount.

The RTBU have committed to supply the names of all members’ impacted by this to Sydney Trains by the 28^th January 2015. We are requesting members who believe they have not been paid correctly due to the incorrect information given by Sydney Trains contact their delegate via email to enable us collate all the information to pass on to Sydney Trains within the time constraints.

If you have any questions or comments please contact your local delegate or the RTBU Office.