ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – dispute concerned interpretation of clause 41.1 of the Independent Distillers Employment Agreement 2011 which deals with cashing out of personal/carer’s leave – employees contended custom and practice regarding the application of clause 41.1 had been since the inception of the clause for an employee to cash out any hours over and above an accrual of 15 days – employer submitted that the clause merely facilitates the ability for an employee to cash out personal/carer’s leave – further submitted clause does not entitle employees to cash out personal cash/carer’s leave by right and that cashing out can only occur by agreement, contending that Asahi could decline a request to cash out personal/carer’s leave at its discretion – Golden Cockerel applied – Commission found clause requires employees to agree in writing to the cashing out of personal/carer’s leave, i.e. the cashing out of personal carer’s leave is not automatic at the request of an employee as employer has the discretion to agree or not to agree to any such request. Employee Representative Committee of Asahi Premium Beverages v Asahi Premium Beverages P/L
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