Australian Liquor, Hospitality & Miscellaneous Workers Union v Metropolitan Ambulance Service [2002] FCA 1321

Australian Liquor, Hospitality & Miscellaneous Workers Union v Metropolitan Ambulance Service [2002] FCA 1321

Clause 7 of the Commonwealth Award required annual leave loading on all annual leave taken after 22 March 1994. On the ordinary and natural meaning of the incorporated provisions, the annual leave referred to in cl 7 included leave under cl 32(a)(i), the additional seven-day shift employee leave under cll 32(d) and 32(e), and leave added under cl 37. The extrinsic material did not justify confining the entitlement to four weeks annual leave.

Jurisdiction
Australia
Judgment Date
25 October 2002
Procedural Posture
Proceeding Under Ss 178 and 179 of the Workplace Relations Act 1996 (cth) Claiming Failure to Pay Annual Leave Loading Under an Award, Including Representative Claims Under Pt IVA of the Federal Court of Australia Act 1976 (cth). / Reasons for Judgment on Construction of the Commonwealth Award; Parties Directed to Bring in Minutes of Orders.
Outcome
Applicants succeeded on the construction issue; the Regional Ambulance Services had not been paying annual leave loading to shift employees in accordance with their entitlements under the Commonwealth Award and relevant certified agreements.
Legal Topics
['construction of Award' 'annual Leave Loading' 'annual Leave Entitlements' 'seven Day Shift Workers' 'certified Agreements' 'representative Proceeding']
['industrial Law' 'employment Law'] ['construction of Award' 'annual Leave Loading' 'annual Leave Entitlements' 'seven Day Shift Workers' 'certified Agreements' 'representative Proceeding']

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Procedural Posture

Proceeding Under Ss 178 and 179 of the Workplace Relations Act 1996 (cth) Claiming Failure to Pay Annual Leave Loading Under an Award, Including Representative Claims Under Pt IVA of the Federal Court of Australia Act 1976 (cth). / Reasons for Judgment on Construction of the Commonwealth Award; Parties Directed to Bring in Minutes of Orders.

Legal Issues

  1. 1 ['Whether cl 7 of the Commonwealth Award required payment of 17.5% annual leave loading only on the four weeks annual holiday entitlement under cl 32(a)(i) of the Victorian Award or also on additional leave under cll 32(d), 32(e) and 37.' 'Whether extrinsic material concerning prior practice and Commission proceedings assisted in construing the award.']

Ratio Decidendi

Clause 7 of the Commonwealth Award required annual leave loading on all annual leave taken after 22 March 1994. On the ordinary and natural meaning of the incorporated provisions, the annual leave referred to in cl 7 included leave under cl 32(a)(i), the additional seven-day shift employee leave under cll 32(d) and 32(e), and leave added under cl 37. The extrinsic material did not justify confining the entitlement to four weeks annual leave.

Court Disposition

Applicants succeeded on the construction issue; the Regional Ambulance Services had not been paying annual leave loading to shift employees in accordance with their entitlements under the Commonwealth Award and relevant certified agreements.

Orders

  • ['Within 14 days the parties bring in Minutes of Orders that give effect to the reasons for judgment.' 'If there is any disagreement on the appropriate orders, the parties may file written submissions within that time in respect of any matter upon which they are not agreed.']