Barrier Industrial Council and Broken Hill Chamber of Commerce Inc [2005] NSWIRComm 249

Barrier Industrial Council and Broken Hill Chamber of Commerce Inc [2005] NSWIRComm 249

Clause 1.18 of the Broken Hill Commerce and Industry Consent Award 2001 should be interpreted to apply a 1.3 weeks per year accrual multiplier for pro rata long service leave for the entire period of service, as this is consistent with a beneficial construction of the award, the intention and practice of the parties, and the consistent calculation method found in related legislation.

Jurisdiction
Australia
Judgment Date
29 July 2005
Procedural Posture
Industrial Dispute / Decision After Attempted Conciliation
Outcome
Dispute determined in favour of the Barrier Industrial Council interpretation; 1.3 weeks per year applies for the whole period of service.
Legal Topics
['award Interpretation' 'long Service Leave' 'beneficial Construction']
['industrial Relations'] ['award Interpretation' 'long Service Leave' 'beneficial Construction']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Industrial Dispute / Decision After Attempted Conciliation

Legal Issues

  1. 1 ['Whether the Broken Hill Commerce and Industry Consent Award 2001 clause 1.18 requires pro rata long service leave to accrue at 1.3 weeks for each completed year of service for the entire period of employment, or only for the first 10 years.']

Ratio Decidendi

Clause 1.18 of the Broken Hill Commerce and Industry Consent Award 2001 should be interpreted to apply a 1.3 weeks per year accrual multiplier for pro rata long service leave for the entire period of service, as this is consistent with a beneficial construction of the award, the intention and practice of the parties, and the consistent calculation method found in related legislation.

Court Disposition

Dispute determined in favour of the Barrier Industrial Council interpretation; 1.3 weeks per year applies for the whole period of service.

Orders

  • ['Parties directed to confer as to drafting an award provision to give effect to this decision.' 'Any disagreement on the provision to be referred to the Commission for final settlement.' 'Proceedings otherwise concluded.']