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

Industrial Relations Commission New South Wales Medium Neutral Citation: Flight Attendants' Association of Australia v Regional Express [2016] NSWIRComm 1017 Hearing dates: 6 April 2016, 9 May 2016 Decision date: 11 May 2016 Jurisdiction: Industrial Relations Commission Before: Newall C Decision: Directions sought by notifier declined Catchwords: STATUTORY INTERPRETATION – Act and industrial instrument – ordinary and grammatical meaning of words LONG SERVICE LEAVE – where public holiday falls within period of leave – provision of additional day's leave in respect of public holiday – only to occur where employee entitled to payment for that specific public holiday – all-inclusive salary not to be taken to lead to payment for the specific public holiday – no entitlement to additional day LONG SERVICE LEAVE ACT 1955 – interaction with Fair Work Act 2009 (Cth) Legislation Cited: Long Service Leave Act 1955 s 4(4A) Public Holidays Act 2010 s.4 Fair Work Act 2009 (Cth) ss.13, 14, 60, 116. Cases Cited: Certain Lloyd's Underwriters and Underwriters Subscribing to Contract No IHOOAAQS v Cross (2012) 293 ALR 412; [2012] HCA 56 Category: Principal judgment Parties: Flight Attendants' Association of Australia (Notifier) Regional Express (Respondent) Representation: Ms S Garcia (Notifier) Mr I Tan (Respondent) File Number(s): 2016/89077

Judgment 1. This decision is made in the context of an industrial dispute involving the Flight Attendants' Association of Australia and Regional Express. At immediate issue is whether a particular employee of the Respondent is entitled to have three days' long service leave entitlement recredited to her with respect to a period of long service leave taken between 21 December 2015 and 3 January 2016.