The FSU has received a number of enquiries recently relating to Annual Leave and Long Service Leave, and NAB’s ability to direct staff to use leave.
We have pulled together several fact sheets on these provisions from your NAB Enterprise Agreement 2016 that can be found here – https://www.fsunion.org.au/resources/nab-fact-sheets/
Genuine agreement is a key entitlement of all staff
Your ability to flexibly use your annual and long service leave when it best suits you and your family is a fundamental principle of your leave entitlements. This must be taken into account and respected by the bank.
It’s only in particular circumstances, and when genuine agreement cannot be reached between you and your People Leaders, that your People Leader can direct you to take leave.
You can only be directed to take leave when:
- Annual Leave – they give you one month’s notice, you have excessive leave (above 6 weeks) before the direction and will not see your leave balance on return unfairly reduced.
- Long Service Leave – they give you one month’s notice and you have reached 15 years continuous service or more.
Accountability is guaranteed and protected
To enhance People Leader accountability, any direction to take Annual Leave/LSL is required to be in writing. It must specify the period of leave to be taken and the timing of the leave.
Your agreement incorporates a mechanism for solving disputes if you believe this process is not being followed, or your circumstances are being overlooked. It involves trying to resolve problems at the lowest level first, but it also maps a process for escalation all the way through to conciliation and arbitration at the Fair Work Commission.
You can refer to Clause 64 of the NAB Enterprise Agreement or contact the FSU Member Rights Centre on 1300 366 378 for more details.
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