Thanks for your questions!

Further to the information provided in the recent newsletter, please see the underlined clause below which specifies which group the leave loading cap is applicable to.

The Brimbank EBA annual leave entitlement is detailed within Clause 22 within this clause it states that the annual leave loading is payable in line with Clause 41 of Part B of the EBA; Part B is the Local Authorities Award.

The Award states (Clause 41.6) that employees are entitled to a 17.5% loading however it is capped to a maximum payment equivalent to the statisticians average weekly earnings.  This cap is applicable for classifications other than Physical/Community Services employees and child care workers. 

What is the statistician’s average weekly earning?

The Australian Bureau of Statistics’ Average Weekly Earnings survey is designed to measure the level of average earnings in Australia at a point in time. Movements in average weekly earnings can be affected by changes in both the level of earnings per employee and in the composition of the labour force. Factors which can contribute to compositional change include variations in the proportion of full-time, part-time, casual and junior employees; variations in the occupational distribution within and across industries; and variations in the distribution of employment between industries.

This figure is approximately $1586.20. In circumstances where an employee is paid more than the statisticians average weekly earnings and fall within the specified bands, their annual leave loading is calculated on this figure as opposed to the amount that they are paid, therefore it is capped.

In lead up to the next negotiations we will consult with members in order to propose a better clause to be included in your next agreement.

If you have any questions regarding this please feel free to contact ASU organiser Lorraine Di Pietrantonio on 0400-986-745 or via email on

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