Construction, Forestry, Mining and Energy Union v Anglo Coal (Drayton Management) Pty Ltd [2016] FCA 689

Construction, Forestry, Mining and Energy Union v Anglo Coal (Drayton Management) Pty Ltd [2016] FCA 689

The entitlement to payment for cashed out personal/carer's leave under clause 21.11 of the Anglo Coal (Drayton Management) Pty Ltd Enterprise Agreement 2012 for 12.5-hour shift workers requires payment equivalent to the hours the employee would have worked if the leave had actually been taken (i.e. 187.5 hours for...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 June 2016
Procedural Posture
Appeal / Final Judgment
Outcome
appeal upheld
Legal Topics
['enterprise Agreement Interpretation' "personal/carer's Leave" 'cashing Out Leave' 'national Employment Standards' 'statutory Construction']
['industrial Law' 'employment Law'] ['enterprise Agreement Interpretation' "personal/carer's Leave" 'cashing Out Leave' 'national Employment Standards' 'statutory Construction']

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ["Construction of enterprise agreement provision regarding cashing out paid personal/carer's leave for shift workers of varying shift lengths" 'Consistency of enterprise agreement terms with the Fair Work Act 2009 (Cth), specifically s 101(2)(c)' "Proper calculation method for cashing out personal/carer's leave entitlements for 12.5-hour shift workers"]

Ratio Decidendi

The entitlement to payment for cashed out personal/carer's leave under clause 21.11 of the Anglo Coal (Drayton Management) Pty Ltd Enterprise Agreement 2012 for 12.5-hour shift workers requires payment equivalent to the hours the employee would have worked if the leave had actually been taken (i.e. 187.5 hours for 127.5 hours of leave, 175 hours for 119 hours of leave), in accordance with s 101(2)(c) of the Fair Work Act 2009 (Cth); the Federal Circuit Court erred by limiting payment to only the nominal credited hours.

Court Disposition

appeal upheld

Orders

  • ['The appeal be upheld.' 'Orders 2 and 3 of the Federal Circuit Court of Australia made on 29 February 2016 be set aside.' 'The parties confer about whether any further orders are necessary to give effect to the declarations.' 'It is declared: (i) For a 12.5-hour shift worker, payment for cashing out 127.5 hours of...