AV 043

November 23, 2017

Accrual of Annual Leave on Workcover

The Union recently was involved in a matter in the Fair Work Commission in relation to the accrual of annual leave for ESTA employees receiving workers compensation payments.

In the decision of United Firefighters Union of Australia v Emergency Services Telecommunications Authority T/A ESTA [2017] FWCFB 4537 on 01 September 2017 the Full Bench at [61] held that:

‘[A]n employee is permitted to take or accrue annual

leave during a workers compensation period pursuant

to section 130(2) of the FW Act and the Victorian

workers compensation legislation’.

As a result of the above decision Ambulance Victoria has informed the Union that as of 1st September 2017 employees on workers compensation will commence accruing annual leave entitlements.

Amanda Kaczmarek
Senior Industrial Officer