Tram drivers take Yarra Trams to court ahead of strike vote
Melbourne's tram drivers have launched an unprecedented federal court case against Yarra Trams over claims they have been denied proper annual leave, just as members prepare to vote on strike action.
Within the next few hours, about 1500 tram drivers at the Rail, Tram and Bus Union are expected to vote in favour of taking industrial action in pursuit of a 6 per cent annual wage rise.
This could see tram drivers and customer service staff walk off the job for up to 48 hours, possibly at the same time that train drivers and station workers take industrial action against Metro Trains, starting on Monday.
The union has launched separate proceedings in the Federal Court, where it will claim that Yarra Trams is not giving annual leave to workers while they are absent on WorkCover.
The case will test for the first time whether workers who take leave due to a workplace injury are entitled to accrue annual leave during their absence.
It will focus on a customer service staff member who took 15 months off work between November 2017 and February 2019 due to a workplace injury, and did not accrue annual leave during their time away.
The union, represented by Gordon Legal, will argue that according to the Fair Work Act, Yarra Trams' current enterprise agreement and Victorian workers compensation legislation, the worker should have accrued leave.
If the case is successful, the union will seek compensation and penalties from Yarra Trams not only for the customer service worker, but for all other workers who have been in similar circumstances since the last enterprise bargaining agreement was signed in 2015.
Meanwhile, about 1500 tram drivers and customer service staff are expected to vote on Thursday afternoon to walk off the job for 24 or 48 hours.
They may also vote to refuse to wear their uniforms, make announcements or do overtime.
The union's tram division is calling for a 6 per cent annual wage rise over three years, while Yarra Trams is understood to have offered workers 3 per cent a year.
The union claims that Yarra Trams is trying to remove a requirement that part-time workers do a minimum of seven hours per shift.
It also says Yarra Trams wants to lift a cap on the number of part-time workers on the network from 4 per cent to 15 per cent.
The tram division's secretary, Tarik Koc, has accused the company of wanting to create a "mass part-time workforce".
On the next two Mondays, train commuters will be able to travel for free as up to 3000 train drivers and station staff wage a week of industrial action against Metro Trains.
On Monday August 12 and August 19, station staff will keep ticket barriers open all day, while authorised officers will refuse to check myki tickets. Train drivers will also refuse to divert services if they are asked to do so by their managers.
The union is also demanding a 6 per cent annual wage rise, while Metro is offering 2 per cent.
The Age has approached Yarra Trams for comment.