United Voice v Valspar (WPC) Pty Ltd [2014] FCAFC 34

United Voice v Valspar (WPC) Pty Ltd [2014] FCAFC 34

The employer's directions requiring employees to take annual leave at specified times exceeded what was permitted under clause 34 of the Enterprise Agreement, contravening s 50 of the Fair Work Act 2009; the FCCA erred in its construction of s 50 and clause 34, and in holding clause 47 (dispute settlement) unenforceable without making appropriate factual findings.

Parties
Appellant: UNITED VOICE; Respondent: VALSPAR (WPC) PTY LTD
Jurisdiction
Australia
Judgment Date
27 March 2014
Procedural Posture
Appeal / On Appeal From the Federal Circuit Court of Australia, Judgment Delivered
Outcome
Appeal upheld; matter remitted for further hearing in conformity with the reasons for judgment.
Legal Topics
Enterprise Agreements, Annual Leave Entitlements, Contravention of Enterprise Agreement, Interpretation of Industrial Instruments, Dispute Settlement Procedures, Fair Work Act 2009
Industrial Law Employment Law Enterprise Agreements Annual Leave Entitlements Contravention of Enterprise Agreement Interpretation of Industrial Instruments Dispute Settlement Procedures Fair Work Act 2009

Case Brief

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Parties

UNITED VOICE

Appellant

VALSPAR (WPC) PTY LTD

Respondent

Procedural Posture

Appeal / On Appeal From the Federal Circuit Court of Australia, Judgment Delivered

Legal Issues

  1. 1 Whether the employer contravened s 50 of the Fair Work Act 2009 by inconsistent directions concerning annual leave under the enterprise agreement
  2. 2 Proper construction and operation of clause 34 of the Wattyl Group Enterprise Agreement 2010 governing annual leave
  3. 3 Enforceability of clause 47 of the Agreement (disputes settlement)

Ratio Decidendi

The employer's directions requiring employees to take annual leave at specified times exceeded what was permitted under clause 34 of the Enterprise Agreement, contravening s 50 of the Fair Work Act 2009; the FCCA erred in its construction of s 50 and clause 34, and in holding clause 47 (dispute settlement) unenforceable without making appropriate factual findings.

Court Disposition

Appeal upheld; matter remitted for further hearing in conformity with the reasons for judgment.

Orders

  • The appeal be upheld.
  • The matter be remitted to the Federal Circuit Court of Australia for further hearing in conformity with the reasons for judgment of the Full Court.