Aussie shift workers could be entitled to personal leave back pay after Fair Work Commission ruling

THOUSANDS of shift workers could be entitled to hundreds of hours of unpaid sick leave pay stretching back six years after the Fair Work Commission provided “bum advice” to employers.

THOUSANDS of shift workers could be entitled to hundreds of hours of unpaid sick leave pay stretching back six years.

Misleading advice employers received from the Fair Work Ombudsman has been blamed for the ordeal. While the average worker is entitled to 76 hours of paid leave a year — or 10 days — shift workers could be entitled to 120 hours based on their average 12 hour shift.

The Australian Workers Union believes affected workers could be owed a hefty backpay package.

The standard practice of crediting just 76 hours to shift workers came to light in a recent Fair Work Commission ruling, which now contradicts advice from the Ombudsman.

While negotiating a pay deal for employees at pharmaceutical company, AstraZeneca, the Commission ruled a worker’s usual shifts should be used to calculate the total number of hours they are entitled to.

AWU national secretary Daniel Walton demanded the Ombudsman correct the “bum advice” it’s been giving to employers. Picture: AAP

The ruling was in favour of the Australian Workers’ Union, with AWU national secretary Daniel Walton proclaiming it affect every employer in the country who employs shift workers.

“This is a momentous win for all Australians who work long shifts,” Mr Walton said.

“Ten days leave should mean ten days leave, and those who happen to work 12-hour shifts should not be disadvantaged.”

The ruling sparked furore among employers and business groups, who hope an upcoming test case will overturn the Commission’s decision.

Australian Industry Group head of workplace relations Steve Smith also agreed with the advice from the Ombudsman, and said shiftworkers often enjoy significant flexibility.

“It needs to be understood that 12 hour shifts workers typically work either three or four days a week,” Mr Smith told ABC.

“So they have a lot more days off a year... than other workers.”

A new test case involving Mondelez International, the maker of Cadbury in Australia, will go before the Federal Court. Picture: AFP

Australian Industry Group will represent Mondelez International — the maker of Cadbury in Australia — which is set to head to the Federal Court to argue that the 96 hours of personal/carers leave they provide employees is sufficient, Fairfax Media reported.

“The best thing the Commission can do, and everyone can do, is to wait for the outcome of this Federal Court decision,” Mr Smith told ABC.

“And hopefully it will be sorted out in a way that aligns with what employers are doing very widely across the country.”

But the AWU’s Mr Walton wrote to the Fair Work Ombudsman to say it should correct the “bum advice” that is being given to employers.

“Employers who have been taking the FWO’s advice and only paying their employees for 7.2 hours when they are missing 12-hour shifts on leave are likely liable to backpay stretching back six years,” Fairfax Media reported Mr Walton said.

The Fair Work Ombudsman said it would review its advice at the end of the Federal Court case.

A hearing has been scheduled for September 6.