ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – dispute arising under Metropolitan Fire and Emergency Services Board, United Firefighters Union of Australia, Operational Staff Agreement 2010 (2010 Agreement) according to applicant – dispute concerned whether applicant should have been provided paid Defence Force Leave during a period he was absent from MFB on approved leave as part of his duties as a member of the Australian Defence Force (ADF) – period of absence was between 31 July 2009 and 13 May 2010 – applicant granted a mixture of paid and unpaid leave during the period – applicant contended that during course of active service, he should have been paid as if he was at work during the period and any paid annual leave should be re-credited – argued that dispute arose under the Metropolitan Fire and Emergency Services Board, United Firefighters Union of Australia, Operational Staff Agreement 2005 (2005 Agreement) – applicant contended dispute brought to Commission due to provisions of 2010 Agreement, with the substantive matter to be determined being an entitlement arising under 2005 Agreement – respondent contended Commission had no jurisdiction to determine application under 2010 Agreement, but would consent to Commission providing an interpretation of 2010 Agreement – Commission satisfied there had been no consistent approach taken to the granting of Defence Force Leave by the MFB – further satisfied clause 63.2 of 2010 Agreement, in its plain meaning, indicated that additional time off is to be leave of absence without pay – concluded applicant not entitled to be paid ordinary wages for period between 29 October 2009 and 14 April 2010 where he was granted unpaid Military Service Leave – further held that MFB is not required to re-credit all annual leave taken by applicant between 3 September 2009 and 28 October 2009. Hester v Metropolitan Fire and Emergency Services Board
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