The Australian Workers’ Union, New South Wales v Department of Industry [2018] NSWIRComm 1021

The Australian Workers’ Union, New South Wales v Department of Industry [2018] NSWIRComm 1021

The 38 hour week and RDO arrangements did not increase CFO leave entitlements from the 38-hour-week equivalents of 20 days or 152 hours annual leave, 15 days or 114 hours sick leave, and 22 working days or 167.2 hours for each month of long service leave. Reading clauses 10.1 and 12.1 of the CFO Award in their industrial context, each day of paid leave taken by a CFO is treated as an 8 hour day for the RDO system: the leave balance is debited by 8 hours and 0.4 of an hour notionally accrues to the employee's RDO. The AWU's construction would add an unintended benefit by debiting only 7.6 hours while also accruing 0.4 of an hour to an RDO.

Jurisdiction
Australia
Judgment Date
13 April 2018
Procedural Posture
Industrial Dispute; Award Interpretation / Arbitration Following Compulsory Conferences and Certificate of Attempted Conciliation; Determination Under Section 175 of the Industrial Relations Act 1996
Outcome
Determinations made that recreation or annual leave, sick leave, and extended or long service leave taken by CFOs are to be debited by 8 hours per leave day with 0.4 of an hour notionally accruing to the employee's RDO; recommendation made that the parties accept and comply with the determinations.
Legal Topics
['award Interpretation' 'recreation or Annual Leave' 'sick Leave' 'extended or Long Service Leave' 'rostered Days Off' 'leave Debits for 38 Hour Week Workers']
['industrial Relations' 'employment Law'] ['award Interpretation' 'recreation or Annual Leave' 'sick Leave' 'extended or Long Service Leave' 'rostered Days Off' 'leave Debits for 38 Hour Week Workers']

Case Brief

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Procedural Posture

Industrial Dispute; Award Interpretation / Arbitration Following Compulsory Conferences and Certificate of Attempted Conciliation; Determination Under Section 175 of the Industrial Relations Act 1996

Legal Issues

  1. 1 ["How many hours are to be deducted from a Conservation Field Officer's recreation or annual leave balance for each day of recreation or annual leave taken." "How many hours are to be deducted from a Conservation Field Officer's sick leave balance for each day of sick leave taken." "How many hours are to be deducted from a Conservation Field Officer's extended or long service leave balance for each day of extended or long service leave taken." 'Whether, under clauses 10.1 and 12.1 of the CFO Award, a paid leave day should be treated as 7.6 hours deducted from leave with 0.4 of an hour accruing to an RDO, or as 8 hours deducted with 0.4 of an hour notionally accruing to an RDO.']

Ratio Decidendi

The 38 hour week and RDO arrangements did not increase CFO leave entitlements from the 38-hour-week equivalents of 20 days or 152 hours annual leave, 15 days or 114 hours sick leave, and 22 working days or 167.2 hours for each month of long service leave. Reading clauses 10.1 and 12.1 of the CFO Award in their industrial context, each day of paid leave taken by a CFO is treated as an 8 hour day for the RDO system: the leave balance is debited by 8 hours and 0.4 of an hour notionally accrues to the employee's RDO. The AWU's construction would add an unintended benefit by debiting only 7.6 hours while also accruing 0.4 of an hour to an RDO.

Court Disposition

Determinations made that recreation or annual leave, sick leave, and extended or long service leave taken by CFOs are to be debited by 8 hours per leave day with 0.4 of an hour notionally accruing to the employee's RDO; recommendation made that the parties accept and comply with the determinations.

Orders

  • ["Clauses 10.1 and 12.1 of the Crown Employees Conservation Field Staff Officers, (Department of Industry, Skills, and Regional Development and NSW Office of Environment and Heritage) Reviewed Award 2015 provide that for each day of recreation or annual leave taken by an employee, their leave entitlement of 20 days...