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NSW Annual Leave - Am I Entitled to Leave Loading?

Discussion in 'Employment Law Forum' started by J Ro, 7 June 2016.

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  1. J Ro

    J Ro Member

    7 June 2016
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    I have been employed on a permanent employment contract since August 2015, as a HR Coordinator. I believe that I am covered by the Clerks Award 2010 which provides for 17.5% annual leave loading, however, I have never received any leave loading.

    This is my first job in Australia so I do not have any previous experience to draw upon. I attended an Industrial Relations NSW seminar recently and I have been reading articles online which lead me to believe that I am entitled to receive leave loading.

    I have asked the Payroll Manager why I have not received leave loading and her initial answer was that my contract states "you will not be entitled to any additional payment for leave loading" and later she said it was because I am paid over the award rate.

    My understanding is that if you're over award payment is meant to cover any entitlements within your award that this must be clearly stipulated in your contract or a separate individual flexibility arrangement and that this must specify what provisions are covered by your salary i.e. leave loading. And that you have the option to exit such an agreement.

    There have been other instances where I have highlighted underpayments regarding LSL etc which have not been acted upon so it wouldn't surprise me if this was brushed under the carpet too.

    I wondered if anyone can offer any help on how to deal with this?

    I am already working through my notice period as I have been offered a job elsewhere, but if I am correct then I will have been underpaid by approximately $700 and I think this should be rectified on principle. There are certainly others who will have been affected by this, with much longer service, if I am correct.
  2. Paul Cott

    Paul Cott Well-Known Member

    26 May 2014
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    Hi J Ro,

    I think you might well be entitled to the leave loading though it is somewhat difficult to say for sure without having read your contract.

    I suggest that you call the Fair Work Ombudsman. Welcome to the Fair Work Ombudsman website

    Good luck.

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