Flight Attendants’ Association of Australia v Regional Express [2016] NSWIRComm 1017

Flight Attendants’ Association of Australia v Regional Express [2016] NSWIRComm 1017

An employee who receives an all-inclusive salary and is not specifically paid for public holidays on which they do not work is not 'entitled to payment' for the purposes of s 4(4A) of the Long Service Leave Act 1955, and therefore is not entitled to have her long service leave period increased when a public holiday falls within that period.

Parties
Notifier: Flight Attendants' Association of Australia; Respondent: Regional Express
Jurisdiction
Australia
Judgment Date
11 May 2016
Procedural Posture
Industrial Dispute / Decision
Outcome
Directions sought by notifier declined
Legal Topics
Long Service Leave, Statutory Interpretation, Public Holidays, Enterprise Agreements
Industrial Law Employment Law Long Service Leave Statutory Interpretation Public Holidays Enterprise Agreements

Case Brief

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Parties

Flight Attendants' Association of Australia

Notifier

Regional Express

Respondent

Procedural Posture

Industrial Dispute / Decision

Legal Issues

  1. 1 Whether an employee on long service leave is entitled to have public holidays within the leave period recredited to her long service leave entitlement
  2. 2 Whether an employee paid an all-inclusive salary is 'entitled to payment' for public holidays under s 4(4A) of the Long Service Leave Act 1955

Ratio Decidendi

An employee who receives an all-inclusive salary and is not specifically paid for public holidays on which they do not work is not 'entitled to payment' for the purposes of s 4(4A) of the Long Service Leave Act 1955, and therefore is not entitled to have her long service leave period increased when a public holiday falls within that period.

Court Disposition

Directions sought by notifier declined