ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – ss.130, 739 Fair Work Act 2009 – Full Bench – whether employee under the Emergency Services Telecommunications Authority Operational Employees Enterprise Agreement 2015 (the Agreement) is entitled to accrue any leave of absence whilst receiving compensation payments – approach to interpretation of enterprise agreements set out in Golden Cockerel and modified in Berri – ambiguity in a provision must be identified before regard is had to surrounding circumstances – not satisfied that there is any ambiguity in the Agreement – not satisfied that the Agreement imposes a restriction on taking or accruing leave whilst in receipt of workers compensation – s.130 of the FW Act imposes a restriction on taking or accruing leave whilst receiving workers’ compensation – Full Bench required to determine whether employees permitted to take or accrue personal leave or annual leave whilst in receipt of workers compensation under FW Act s.130 pursuant to AC Act (Vic) and WIRC Act (Vic) – applying decision in Anglican Care satisfied that an employee is permitted to take or accrue annual leave whilst in receipt of workers’ compensation – however not satisfied that an employee is permitted to accrue personal leave whilst in receipt of workers’ compensation – held ESTA required to accrue employees’ annual leave entitlements for the periods in which they were in receipt of workers’ compensation pursuant to FW Act s.130(2). United Firefighters Union of Australia v Emergency Services Telecommunications Authority t/a ESTA
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