ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – ss.604, 739 Fair Work Act 2009 – appeal – Full Bench – appeal against decision of single member of Commission – leave entitlements in RACV Roadside Assistance Centre Enterprise Agreement 2014-2017 (Agreement) expressed in hours rather than days – existing practice was to deduct 7.6 hours for each day of leave taken, irrespective of actual number of hours of leave taken – Commission at first instance found that this interpretation was not inconsistent with Agreement and should remain – on appeal, Full Bench found that existing practice was inconsistent with Agreement – as NES entitlements – separate issue arose of whether shiftworkers under Agreement entitled to five weeks of annual leave – Agreement did not expressly define shiftworkers for purposes of the NES – Full Bench found that definition of shiftwork in the Clerks – Private Sector Award 2010 was incorporated by reference – RACV submitted that employees would not receive less than NES leave entitlement, as Agreement specifically stated that it would not operate such as to provide a detrimental outcome for employees as compared to the NES, effectively providing a provision that was ‘self-correcting’ in the event of a potential inconsistency – Full Bench satisfied that highlighted provision’s effect wast hat Agreement could not lead to a result whereby an employee’s entitlements under Agreement were less than their entitlements under the NES – appeal upheld – method for deducting leave from employee balances determined. Appeal by RACV Road Service P/L against decision of Roe C of 16 October 2014 [[2014] FWC 7241] Re: Australian Municipal, Administrative, Clerical and Services Union.
…
