ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – application to deal with a dispute under the Endeavour Energy Enterprise Agreement 2012 – dispute relates to applicant’s accrued long service leave – applicant argued that Endeavour had incorrectly applied clause 15 and Annexure D of the Agreement in its calculation of his accrued long service leave, which resulted in a reduction of his long service leave entitlement – Annexure D to the Agreement is a workplace arrangement known as the Integral Energy Supervisory Employees Workplace Arrangement 2003 (the WA) – applicant employed from 4 March 1986 working 36-hour week – changed from 36-hour week to 40-hour week on 21 January 2013 – Endeavour argued that the applicant’s interpretation of the relevant provisions meant that he was attempting to have his bank of long service leave which had accrued at 36 hours per week recalculated as having accrued as if he had worked 40 hours per week for the entirety of his service with Endeavour – Golden Cockerel considered – Agreement provides ‘applicable award derived long service leave terms’ and the applicant is entitled to long service leave in accordance with those terms – no basis for Commission to have recourse to the Long Service Leave Act 1955 (NSW) in determining this dispute – found that the plain meaning of clause 15 of the Agreement combined with clause 14 of the WA leads to the interpretation contended by Endeavour – the applicant’s long service leave balance for the 36-hour week period (ending on 21 January 2013) remains as it had been accrued in accordance with clause 15 of the Agreement as at that date. McWhirter v Endeavour Energy
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