ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – ss.604, 739 Fair Work Act 2009 – appeal – Full Bench – original decision concerned calculation of accrued long service leave (LSL) under Clause 15 of the Endeavour Energy Enterprise Agreement 2012 (Agreement) – no dispute re accrual of LSL on weekly basis rather than hourly basis – at issue was the LSL accrued when Mr McWhirter worked 36 hour weeks being paid as 36 hour weeks instead of all LSL being paid on basis of 40 hour week – Agreement provided for a right of appeal [Silcar] and decision was attended with sufficient doubt to warrant its reconsideration [GlaxoSmithKline Australia] – permission to appeal granted – Full Bench identified question to answer was whether the interpretation of the Agreement adopted by the Commission was correct – appellants contended the Commission erred in not accepting their construction of clause 15 of Agreement and clause 14 of the Workplace Arrangement (Arrangement) that LSL accrued based on length of service, and the reference to hours in clause 15 are indicative only, not part of the formula for calculating LSL accrual – Full Bench found clause 15 of the Agreement entitled employees to weeks of leave based on their current working arrangements and clause 14 of the Arrangement only created ‘an entitlement to take a certain number of weeks’ leave after a particular period of service’ – Full Bench found demonstrated error in the Commission’s interpretation of the LSL provisions of the Agreement – appeal upheld – decision quashed – Full Bench determined the payment for the ’36 hour per week period’ be paid at the applicable weekly rate of pay, being a 40 hour week. Appeal by McWhirter and Anor against decision of Dean DP of 21 June 2017[[2017] FWC 57] Re: Endeavour Energy Network Management P/L
…
