NSW TrainLink Members: Public Holiday Pay Entitlement Dispute Win
Please be aware that NSW Trainlink failed to provide the required 14-day notice indicating a drivers converted public holiday schedule alteration and/or Public Holiday (HOL) conversion for the gazetted New Year’s Day Public Holiday on 3rd January 2022.
Drivers Rostering and Working Arrangements
3.10.2 – InterCity Drivers’ rosters whose working on a public holiday cancels, shall be entitled to payment for the shift/s lost and the public holiday, if advice as to the cancelled working is not supplied two calendar weeks prior to the holiday occurring.
This matter was immediately placed into Step 2 of the Dispute Settlement Procedures, compelling NSW TrainLink to meet with the Locomotive Division in an effort to resolve the issue and afford the membership their entitlements.
Given this failure to inform of the status of the shift, and in accordance with the Drivers Rostering and Working Arrangements Clause 3.10.2, Drivers have the ability to additionally claim the payment of the shift prior to the conversion to a Public Holiday (HOL).
Initially NSW TrainLink attempted to disadvantage drivers by providing Time Credits that would have seen a stand-alone 8-hour payment for the gazetted public holiday. The Locomotive Division was also made aware of attempts to have members access accrued leave entitlement to cover the day.
The Locomotive Division intervened, and the shift was rightly converted to a Public Holiday (HOL).
Members who did not indicate the Clause 3.10.2 claim on their time sheet are advised to contact their Shift Manager ASAP and have an amended timesheet submitted to ensure correct payment.
Any member who does not receive the payment is requested to contact their Local Locomotive Division Depot Organiser or alternatively contact RTBU Head Office on (02) 9264 3400.