Sydney and NSW trains try to cheat members on public holiday accrual

Unions are currently locked in a battle with Sydney and NSW Trains over public holiday accrual.

Consultation between the companies and Unions NSW has kicked off, with management from both businesses seeking to enforce the eight day limitation for public holiday accruals, which is contained within the enterprise agreements.

This has come about because both businesses have failed to allow members to clear accrued excess public holidays for various reasons, or maintain the required “pay-out” option that is meant to occur at the end of each year in December.

Sydney and NSW Trains had sought to alter the “pay-out” date of December to the end of financial year date of 30 June.

From 1 July 2015, Sydney and NSW Trains are proposing to automatically pay members for the public holiday when it occurs unless members apply to accrue the public holiday.  This could be up to a maximum of 8 days only, with any additional public holidays accrued after that limit is reached being paid out.

Unions NSW have placed this matter into dispute and further discussions will occur with both businesses prior to implementation of any change.

The RTBU is of the view that any members who have more than eight days accrued public holidays, due to management refusing to allow them to clear the days via time off, should retain the right to clear that leave as per the EA’s rather than have it mandatorily paid out because the Business Groups decide time off is all a bit difficult to manage.

Management is arguing that due to staff shortages, it’s often not possible to clear the days at the time nominated by the employee.  This shouldn’t be used to then give management the right to automatically pay the excess accrued days out.

Staff shortages are allowed to occur and/or purposely created by management for various reasons – the vast majority of which are not in the interest of employees, nor do they take into consideration the impacts they may have on employee entitlements and members are encouraged to actively pursue their right to take their public holidays as leave through their relevant managers.

Members will be kept informed as this matter progresses.