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Newsflash: 1Rail NSW Coal – Annual Leave Deduction Dispute Resolved

Apr 1, 2021One Rail Update

The RTBU Locomotive Division is pleased to report that yesterday an agreement with 1Rail was reached  on annual leave deductions and then confirmed in a formal recommendation by the Fair Work  Commission. 

The agreed method of annual leave deduction has been designed to restore the annual leave system  that was in place before 1Rail changed methods in August 2020.  

The recommendation states as follows” 

  1. “For the purposes of the Enterprise Agreement, annual leave entitlements should be deducted in the following manner:
    • When an employee is in annual leave, 7.6 hours of an employee’s accrued annual leave balance is deducted for each rostered day. including “Available Days” and “Transition Days”, that falls within the period of annual leave.
    • No annual leave entitlement is to be deducted for “Book-Off Days” that fall during a period of annual leave.
  2. 1Rail will, if requested by any individual employee, review annual leave taken in the period between 31 August 2020 and 31 March 2021 to ensure it was deducted in accordance with Recommendation One above, with the view to re-credit any surplus deductions of annual leave.”

This is a good outcome for members and confirms the EA provisions surrounding the definition of a  day for leave purposes. 

Any 1Rail member who has taken annual leave between 31st August 2020 and 31st March 2021 should seek recrediting of any annual leave that they may have lost due to the method 1Rail used  to calculate leave deductions in that period. 

Going forward, members should ensure that their annual leave entitlements are being deducted in  accordance with the agreed system.  

A copy of the recommendation will be available from your delegate should you require it. If  members have any concerns or believe their annual leave is not being approved or deducted  properly please speak with your local delegate or organiser.

Download a copy of the Newsflash here.