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News & Views from the RTBU NSW Locomotive Division

Long Service Leave win at PN

Jun 21, 2011Uncategorized

Drivers with more than five years service at PN Rail (Intermodal and Bulk) who have left the company will now be paid pro-rata long service leave after PN tried to get out of honouring the relevant provision in their enterprise agreement.

The current EA specifies pro-rata long service leave be paid on ‘termination’ of employment.

PN tried to argue that termination under this clause only applied to Employer instigated terminations only with the RTBU arguing that it applied to both Employer and Employee terminations such as resignation

During EA negotiations, it was clearly agreed that termination of employment applied to both employee and or employer termination of employment – however when it came to paying up, PN’s two representatives in the negotiations could suddenly not remember the discussions around this provision.

A number of former PN Rail Drivers have missed out on the pro rata long service leave they are owed, due to PN’s incorrect and unfair interpretation of the agreement.

Following pressure from the RTBU, PN Rail have reconsidered its position and has now agreed with the RTBU’s interpretation of the clause and will now be contacting eligible drivers – those who have left the company since the current EA came into operation with more than five years service – to ensure they are paid their pro rata long service leave.

The RTBU will be following up with members and the company to make sure this happens.

The provision does not apply to employees who are dismissed or resigned for disciplinary or misconduct reasons.

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