The Secretary of the Department of Transport (in respect of Roads and Maritime Services) v Construction, Forestry, Mining, and Energy Union, New South Wales Branch [2018] NSWIRComm 1038

Industrial Relations Commission New South Wales Medium Neutral Citation: The Secretary of the Department of Transport (in respect of Roads and Maritime Services) v Construction, Forestry, Mining, and Energy Union, New South Wales Branch [2018] NSWIRComm 1038 Hearing dates: 12 March 2018 Date of orders: 04 June 2018 Decision date: 04 June 2018 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Kite SC; Murphy C; Seymour C Decision: (1) Leave to appeal is granted

(2) The appeal is upheld

(3) The decision of Commissioner Newall of 5 October 2017 in this matter is quashed Catchwords: AWARD INTERPRETATION – "current practice" of taking annual leave – subclause to be read in context of clause as a whole – subclause to be interpreted against the history of the provision – leave to appeal granted – appeal upheld Legislation Cited: Industrial Relations Act 1996 Cases Cited: Allchin v Commissioner of Police (No.2) [2007] NSWIRComm 280 Director of Public Employment (by her agent the Commissioner of NSW Fire Brigades) and New South Wales Fire Brigades Employees' Union [2008] 180 IR 170 Hosemans v Commissioner of Police (No.4) (2005) 150 IR 263 King v State Bank of New South Wales (No 2) (2002) 126 IR 407 Knowles v Anglican Church Property Trust (No 2) (1999) 95 IR 380 Parmjit Singh v Department of Community Services (unreported, Full Bench, IRC No.5638 of 1999, 20 July Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Treasury [2014] 87 NSWLR 41 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Industrial Relations Secretary [2017] NSWSC 1473 Secretary, NSW Ministry of Health v Health Services Union NSW [2018] NSWIRComm 1007 State of New South Wales v Stockwell [2017] NSWCA 30 State Transit Authority of New South Wales v Australian Rail, Tram and Bus Industry Union, New South Wales Branch, Bus and Tram Division [2014] 247 IR 129 Category: Principal judgment Parties: The Secretary of the Department of Transport (in respect of Roads and Maritime Services) (Appellant) Construction, Forestry, Mining, and Energy Union, New South Wales Branch (Respondent) Australian Workers' Union, New South Wales (Intervener) Representation: Counsel: Mr M Seck (Appellant) Mr P Boncardo (Respondent)