The Fight Continues: Non-Payment of Penalty Rate when called in with less than 24 Hours’ Notice

Bulletin 15, 2016 –

To: RTBU Signaller Members,

As per the resolution moved at the RTBU Signallers Sub-Division meeting held on the 18^th May 2016, a further meeting of the Sub-Division occurred on Thursday 2^nd June to discuss the options available regarding the dispute of non-payment of the penalty rate of 150% for time worked when called in with less than 24 hours’ notice on a book-off day.

Lizanne Bennett, Jessica Epps and the members who had attended the Fair Work Commission on the 19^th May reported that Sydney Trains ran several shifting and contradictory arguments and as a result the RTBU needs to get a clear position in writing from the employer before we can adequately respond. There will be no meetings between the Union and the employer until this has been received.

Sydney Trains indicated that it would stop paying the penalty rate around the 22^nd  May 2016. The Commission stated that it had no power to force the employer to continue the payment at this stage. If however, the final outcome of the dispute is that the penalty should have been paid, members will receive the rate from the date on which it was stopped.

Due to the arguments run by Sydney Trains this dispute has now expanded to have implications for various Divisions of the RTBU and across different sections of the Enterprise Agreement.

Any discussions about the back-pay claim for Signallers will be put on hold until this matter has been finalised.

If members have any questions or comments please contact their local delegate or the RTBU office.