ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – dispute whether applicant who has less than 12 months continuous service entitled to paid parental leave pursuant to clause 27.5, and specifically, clause 27.5.3, of the City of Wanneroo Salaried Officers Collective Enterprise Agreement 2012 (the Agreement) – applicant submitted he was entitled one week’s paid leave even though he had not completed a year’s continuous service – applicant submitted he was entitled to leave as supervisor initially approved application for one weeks’ leave and plain words of clause enable him to take one weeks’ paid parental leave – respondent asserts applicant was advised of reasons for rejection of application for leave and it has consistently applied the Agreement such that the qualifying service requirement of 12 months must be achieved before any employee is entitled to take paid parental leave – Golden Cockerel considered – Commission not satisfied the Agreement established an entitlement to one weeks’ leave pursuant to clause 27.5 .3 for applicant – not satisfied the approval process adopted by the City was such that, notwithstanding that the Agreement does not provide for access to one weeks’ paid leave in his circumstances, that leave should be granted in these circumstances – clause 27.5.3 provides for an entitlement to paid parental leave which is constrained by a requirement for a minimum period of 12 months continuous service. Truong v City of Wanneroo
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