Ryan v Whitehaven Coal Mining Pty Ltd [2013] NSWLC 11

Local Court New South Wales

Medium Neutral Citation: Ryan v Whitehaven Coal Mining Pty Ltd [2013] NSWLC 11 Hearing dates: 24/06/2013 Decision date: 26 July 2013 Jurisdiction: Industrial Before: Magistrate Buscombe Decision: Applicant entitled to be paid $2,376.25. Catchwords: INDUSTRIAL LAW - statutory interpretation - payment for untaken annual leave upon resignation - whether leave to be paid at ordinary rate or with loading - Enterprise Agreement providing for entitlements to leave in accordance with Fair Work Act provisions but silent as to payment for untaken leave upon end of employment - National Employment Standards in Fair Work Act setting out minimum standards applying to employment of employees including payment of annual leave in s 90 - construction of s 90 - minimum standard where employee to be paid for untaken annual leave upon end of employment is payment of the amount the employee would have been paid had they taken the annual leave Legislation Cited: Acts Interpretation Act 1901 (Cth) Fair Work Act 2009 (Cth) Cases Cited: Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Texts Cited: DC Pearce & RS Geddes, Statutory Interpretation in Australia, 7th edition (2011), LexisNexis Category: Principal judgment Parties: Stephen Edward Ryan (applicant) Whitehaven Coal Mining Pty Ltd (respondent) Australian Mines and Metals Association (intervenor) Representation: K Presdee for the applicant A Allegretto for the respondent A Peters for the intervenor File Number(s): 2011/282007