Transport Dept loses battle as maritime workers’ leave sails through tribunal

Queensland ship traffic workers have anchored a major win, securing full leave accrued despite changes to their hours, in a decision that could influence other sectors of the public service.

The ruling could have wider implications to the public service. Picture David Clark

Queensland ship traffic controllers have won a major dispute over how their leave is calculated under a new agreement, in a decision that could influence other sectors of the state’s public service.

Queensland vessel traffic service operators, specialists who monitor ship movements, won the landmark industrial dispute after the Queensland Industrial Relations Commission sided with workers over how their leave should be treated under a new certified agreement.

The case centred on a deceptively simple question: after a change in working hours from 38 hours a week to 36.25 hours a week, how should accrued leave be converted?

At the heart of the dispute was whether the Department of Transport and Main Roads could apply a formula that preserved the dollar value of accrued leave but resulted in fewer days off for workers.

Together Queensland, supported by the Australian Maritime Officers Union.

Together Queensland, supported by the Australian Maritime Officers Union, argued that employees should retain the same number of leave days after the new agreement began on October 1, 2022, as they had accrued beforehand.

The department disagreed, pushing a financial equivalence model that would preserve value but potentially reduce the number of days.

The commission heard evidence from union representatives and a delegate who said there was a shared understanding during negotiations that workers would not lose any leave entitlements due to the change in hours.

The department had opportunities to present evidence to the contrary but chose not to call witnesses.

That led the commission to draw an adverse inference, concluding that testimony would likely not have supported the department’s case.

The QIRC found the department’s formula undermined the principle that workers should retain access to the same number of leave days, not just maintain the dollar value.

Industrial Commissioner Samantha Pidgeon said the case was “a simple matter that has been made very complicated”.

In a withering rebuke, she said the department’s approach contradicted the intent of bargaining discussions and lacked supporting evidence.

“Leave is precious to workers. The way people think about their leave is in terms of ‘how many days do I have available?’” Commissioner Pidgeon said.

“I simply do not accept … that there was a shared understanding between the parties that no disadvantage … referred to the dollar amount of the leave.

“The employees agreed to move to the proposed uniform 10.35-hour deduction for each type of leave on the basis that they would retain access to the same number of days or shifts,” she said.

Ultimately, the commission adopted the formula proposed by Together Queensland, which recalculated existing leave balances to ensure workers retained the same number of days off, despite changes in the way hours are recorded.

The ruling could have wider implications beyond maritime workers for any future changes to working hours in the public sector.

Originally published as Transport Dept loses battle as maritime workers’ leave sails through tribunal