New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union on behalf of Christine Clark v Uralla Shire Council [2019] NSWIRComm 1074

Industrial Relations Commission New South Wales Medium Neutral Citation: New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union on behalf of Christine Clark v Uralla Shire Council [2019] NSWIRComm 1074 Hearing dates: 2 October 2019 Date of orders: 03 October 2019 Decision date: 03 October 2019 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: 1. Pursuant to s 136(1)(a) of the Act, I direct the parties to confer with a view to resolving how Ms Clark's accrued leave entitlements are to be treated, consistent with the Award, in the event she resigns from her position as Cleaner with the Council.

2. The matter is adjourned to 31 October 2019.

3. Liberty is reserved to the parties to have the matter re-listed on reasonable notice.

4. If that liberty is not exercised by 31 October 2019 the matter will be closed administratively. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Awards and enterprise agreements – Interpretation – multiple employment clause – whether employee's agreement to application of clause required – whether employee's agreement obtained Legislation Cited: Industrial Relations Act 1996 (NSW) ss 8, 130, 136(1)(a), 175 Long Service Leave Act 1955 (NSW) s 5(1)(a) Cases Cited: Australian Rail, Tram and Bus Industry Union, New South Wales and State Transit Authority [2013] NSWIRComm 102 Health Services Union New South Wales and Ambulance Service of New South Wales [2017] NSWIRComm 1057 Health Services Union v Director-General, Department of Health (NSW) (2010) 193 IR 359; [2010] NSWIRComm 42 New South Wales Nurses and Midwives' Association v Health Secretary on behalf of Western NSW Local Health District [2019] NSWIRComm 1025 Category: Principal judgment Parties: New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union (Notifier)