A s.739 (Application to deal with a dispute) by the Australian Nursing and Midwifery Federation against Alfred Health has resulted in a ruling in favour of a union member. The FWC Ms McNamara is permitted to take or accrue annual leave whilst in receipt of workers compensation payments pursuant to section 130(2) of the FW Act, and that Alfred Health is required to accrue Ms McNamara’s annual leave entitlements for the periods in which she was in receipt of workers compensation pursuant to section 130(2) of the FW Act.