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ANNUAL LEAVE LOADING WIN AT UWS

13 January 2004

The CPSU has been successful in a dispute with UWS to enforce the proper application of the annual leave loading clause in our Enterprise Agreement.

The University had not been correctly applying Clause 33.1 (ii) which says:

"Shift workers proceeding on annual leave are to be paid, in respect of leave taken in any period of twelve months, shift penalties (or other allowance paid on a regular basis in lieu thereof) that they would have received had they not been on annual leave, or the 17.5% annual leave loading as prescribed in subclause 33.1 (i) above, whichever is the greater."

The University had not paid security officers the greater of the two amounts referred to in the Clause.

The CPSU lodged a dispute under the Agreement and tried to achieve resolution, but UWS refused to budge from their position. The CPSU took UWS to the Australian Industrial Relations Commission on 12 December to enforce the Enterprise Agreement.

The outcome was an offer by UWS, which AIRC Senior Deputy President Duncan believed "cut the mustard", for the University to apply the Clause, and to backpay the difference between 17.5% and shift penalties for the life of the current Enterprise Agreement.

CPSU Security Delegates received the approval of members for this result, and this has been communicated to the AIRC and UWS.

The CPSU will continue to monitor this matter to ensure the backpay is correctly calculated and paid promptly.


Contact Details
Daney Faddoul, Organiser
Ph:  02 9220 0960
Fax: 02 9262 1623
dfaddoul@psa.asn.au

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