Rail Tram and Bus Union Queensland Branch
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BMA: Access to 10 days personal leave

I have today written to BMA management about the fact the RTBU believes that BMA are in breach of the BMA certified agreement and the National Employment Standard by deducting 10.85 hrs per personal leave day taken. The below is a summary of the correspondence sent to BMA tody:

I refer you to the below clause in the BMA certified agreement, in particular 5 (A) (B) this is also the minimum requirement outlined in the national employment standard (NES)

The NES and the BMA agreement are quite specific in the 10 days paid personal leave being the minimum, I am advised that BMA are deducting 10.85hrs per personal leave day taken and the RTBU contents this is in breach of the BMA certified agreement and the NES, as employees are not getting 10 days paid personal leave per year, but in fact are only getting 76hrs divided by 10.85 hrs = 7 days personal leave per year.

Given that the RTBU contends this is a clear breach of the BMA certified agreement and the NES we ask that BMA to comply with the agreement and the NES and ensure that employees have access to 10 days paid personal leave per year and that people who have been debited 10.85 hrs for personal leave be credited the balance owed.

You should note that have been many decisions of FWC that an employer is entitled to express personal in hours, however deductions must be made in a manner that gives effect to the NES.
I ask that you consider the above and respond in a timely manner.

I look forward to reporting the response from the company.

Unity is Strength

Bruce Mackie
Queensland State President

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