Any worker who has already missed out on a substitute rostered day off (RDO) when their RDO fell on a public holiday should be contacted by Brighton Council shortly to provide a substitute day in recognition of this outcome. And if your RDO falls on a public holiday in the future, the next working day will be substituted, or another day by written agreement.
The Local Government Industry Award 2020 specifies if an accrued rostered day off falls on a public holiday as prescribed in the NES, the next working day will be substituted, or another day by written agreement. It’s law, it is what’s fair and it is also what your Enterprise Agreement says. This includes workers who work additional hours across 9 days to accrue an RDO (nine-day fortnight employees).
Brighton Council and the lawyers they engaged have finally sought to have the ASU discontinue the dispute with the Fair Work Commission and accept the ASU’s position.
Rather than simply accepting they got it wrong, they are clearly coming after your public holiday rights at the bargaining table next time:
“The Council has also instructed me to put the ASU on notice that they will be seeking to amend clause 26 when negotiations commence for a replacement enterprise agreement. In particular, the Council wants to make it very clear that its position will be that the enterprise agreement is amended to confirm that 9-day fortnight employees are not entitled to a substituted public holiday day on their Day Off.”
This is an empty threat if workers stand collectively to protect their public holiday rights. Council cannot remove this right, unless workers accept it. A nine-day fortnight where workers are working longer days with additional hours to have a day off should not come at the cost of rights around RDO’s and Public Holidays.
Without union members, we wouldn’t even have public holiday pay or annual leave. We continue to fight to protect these entitlements and make new wins — which is only possible when we grow as a movement. Don’t forget to chat to your colleagues about the importance of being a union member.
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For further information please contact: ASU Organiser Samantha Batchelor | firstname.lastname@example.org