No extra leave for WA Freightlines driver

WA Freightlines driver’s attempt to score one extra week of leave gets knocked on the head

By Brad Gardner | January 24, 2012

A WA Freightlines driver’s attempt to score one extra week of annual leave because of long work hours and "stress" has been knocked on the head.

Fair Work Australia threw out Craig Williams’ bid to score five weeks of leave under his enterprise agreement with WA Freightlines.

The agreement stipulates drivers who are continuously rostered over 24 hours of a day for seven days week and regularly work on public holidays and Sundays are deemed shift workers and entitled to five weeks.

However, WA Freightlines told Fair Work Australia that Williams and his fellow Western Australian long haul drivers did not meet the second precondition to qualify as a shift worker.

"I agree with the Respondent and find that employees working the West Australian roster are not shiftworkers and are not entitled to 5 weeks annual leave. These employees are not regularly rostered to work Sundays and public holidays," Fair Work Commissioner Bruce Williams says in his written judgment.

"Mr Williams argues that the employees are shiftworkers and that because of the extra hours, stress and strain of the job that they deserve five weeks annual leave under the Agreement."

The shift worker clause affects drivers under the WA Freight Group Line Haul Division Enterprise Agreement 2010. Williams says drivers in Queensland, NSW and Victoria were entitled to five weeks of annual leave.

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