Australian Institute of Marine and Power Engineers, The v Curtis Island Services Pty Ltd & Maritime Union of Australia, The and Another [2015] FWCFB 6093

Result

appellant. Permission to appeal granted; appeal dismissed

Key principles

• The Full Bench held that permission to appeal should be granted because the proper construction of off duty time in an even time roster is a matter of public interest [17].
• The Full Bench held that there was no appealable error in Commissioner Cambridge's decision that clause 12.16.5 of the Agreement prescribes double time as the totality of the...
• The Full Bench held that the 21 day off duty period under the even time roster is not 'leave' in the National Employment Standards context, and a day in this period is not 'a day...
• The Full Bench agreed with Commissioner Cambridge that the claims by AIMPE and AMOU for additional leave accrual would require additional words to be read into the Agreement, and...

Issues before the court

• Whether permission to appeal should be granted under s.604 of the Fair Work Act 2009
• Whether an employee recalled to work during a non-duty period under an even time roster is entitled to accrue a day of leave for the day of leave...