The Australian Workers’ Union, New South Wales v Department of Industry [2018] NSWIRComm 1021

Industrial Relations Commission New South Wales Medium Neutral Citation: The Australian Workers' Union, New South Wales v Department of Industry [2018] NSWIRComm 1021 Hearing dates: 16 February 2018 Decision date: 13 April 2018 Jurisdiction: Industrial Relations Commission Before: Murphy C Decision: (1) Clauses 10.1 and 12.1 of the Crown Employees Conservation Field Staff Officers, (Department of Industry, Skills, and Regional Development and NSW Office of Environment and Heritage) Reviewed Award 2015 ("CFO Award") provide that for each day of recreation or annual leave taken by an employee, their leave entitlement of 20 days per year or 152 hours should be debited by 8 hours with 0.4 of an hour notionally accruing to the employee's RDO.

(2) Clauses 10.1 and 12.1 of the CFO Award provide that for each day of sick leave taken by an employee, their leave entitlement of 15 days per year or 114 hours should be debited by 8 hours with 0.4 of an hour notionally accruing to the employee's RDO.

(3) Clauses 10.1 and 12.1 of the CFO Award provide that for each day of extended or long service leave taken by an employee, their leave entitlement of 22 working days or 167.2 hours for each month of long service leave accrued should be debited by 8 hours with 0.4 of an hour notionally accruing to the employee's RDO. Catchwords: INDUSTRIAL DISPUTE – award interpretation – recreation or annual leave – sick leave – extended or long service leave – rostered day off – number of hours to be debited from when leave taken – 8 hours debited with 0.4 of an hour notionally accruing to an RDO Legislation Cited: Fair Work Act 2009 (Cth) Industrial Relations Act 1996 Public Service Act 1902 Public Service Act 1979 Annual Holidays Act 1944 Long Service Leave Act 1955 Regulations made by the Public Service Board under the authority of the Public Service Act 1902 Government Sector Employment Regulation 2014 Police Regulation 2015 Cases Cited: Cepus v Heggies Transport Pty Ltd [1994] 52 IR 123 Construction, Forestry, Mining, and Energy Union v Glendell Mining Pty Limited [2017] FCAFC 35 RACV Road Services Pty Ltd v ASU [2015] FWCFB 2881 Application by Australian Municipal, Administrative, Clerical and Services Union [2014] FWC 7241 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Southern Air (Tas) Pty Ltd [2016] FWC 7266 Category: Principal judgment Parties: The Australian Workers' Union, New South Wales (Notifier)