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Old 9th Jun 2007, 20:58
  #187 (permalink)  
Mobi LAME
 
Join Date: Apr 2005
Location: Sydney Australia
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I don't know if this will help in getting a positve resolution for the Perth guys, but it may help in applying the heat. Many years ago when my union was negotiating an award the boss at the time remarked how they were very worried about the cost of leave entitlements being carried over to the new pay rates. The Union Secretary's reply was swift and to the point. If the company desired to force workers take excessive annual leave it would have the full support of the union. His reasoning was that annual leave was a hard won condition and it should be used for the benefit of the workers and their families. Most awards or EBAs will have a clause relating to when an employee may take leave with the words 'mutually agreed' being in there somewhere. Excessive Annual Leave was considered to be leave not taken within 12 months of the employees anniversary date. Thus, with an annual leave entitlement of 190 hrs, an employee could have the 190hrs from his previous year plus up to 190hrs accruing in his current year. Over 380 hrs is excessive and the company could send the employee off whether they wanted to go or not. This may seem harsh but it is a two edged sword. Employers cannot refuse to allow employees to acquit excessive annual leave at a time of the employee's choosing. In fact I seem to remember it being said it was against industrial law to accrue too much leave! Anybody from the ALAEA Executive reading that would care to do some research?
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