Australian Workers' Union, New South Wales Branch and Canterbury Olympic Ice Rink [2007] NSWIRComm 71

Industrial Relations Commission of New South Wales

CITATION: Australian Workers' Union, New South Wales Branch and Canterbury Olympic Ice Rink [2007] NSWIRComm 71

APPLICANT Australian Workers' Union, New South Wales Branch PARTIES: RESPONDENT Canterbury Olympic Ice Rink

FILE NUMBER(S): 2810 of 2006

CORAM: Sams DP

Industrial dispute - entitlement to long service leave - part time employee - reduction in hours of work - long service leave taken - dispute as to value of leave taken - employee informed of entitlement in hours - statutory interpretation - principles of statutory construction - provisions of the Long Service Leave Act 1955 - Minister's Second Reading Speech - Interpretation Act 1987 - whether calculation of long service leave in hours - whether calculation preserved - advice from Department of Industrial Relations - advice challenged. CATCHWORDS: Held; Long Service Leave Act to be construed beneficially - language of statute not ambiguous or unclear - words to be given their plain English meaning - purpose of the legislation - unintended consequences - entitlement to leave expressed as months or weeks - reference to hours not applicable to employee's circumstances - employee had fixed weekly hours - entitlement accrued but not preserved - averaging of entitlement over five years - overpaid entitlement - employer did not breach the Act - appropriate for employer to seek advice - Part Time Test Case of no assistance - words not to be given meaning they cannot reasonably bear - Act not interpreted as sought by the Union - employer's obligation to employee discharged - dispute proceedings concluded.