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Not sure about your rights at work? - Ask Neale


question

My employer has an explicit term in its contracts stating it does not pay leave loading. Can they do this?

JT


answer

Leave loading is not a legislated right, but it has become an accepted "community standard" in NSW since was introduced in NSW awards in the early 1970s (with support of employers).

The NSW IRC has said that it was a product of "good times" but as it has become a community standard, it should not be taken away. However I guess employers will take it away unless workers stand up to them and demand its retention or reintroduction. SO I suggest joining a union.

In Victoria loading was abolished by an act of Parliament, but in NSW this has not happened. There are strong grounds to say it is mandatory, even though it is not legislated.



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Disclaimer

Ask Neale is a free advice service provided by the New South Wales Labor Council. Whilst all care and due diligence has been taken in preparing this advice, the NSW Labor Council cannot accept any responsibility for any actions or outcomes users may make from viewing this advice.



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