ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – ss.130, 739 Fair Work Act 2009 – dispute over whether an employee entitled to take or accrue annual and personal leave while absent due to workplace injury and receiving compensation – Australian Nursing and Midwifery Federation (ANMF) submitted that employee on worker’s compensation was not on unpaid leave nor on unpaid authorised absence and as such counted for ‘service’ under the NES – Alfred Health contended that the effect of s.130 of the FW Act was that an employee is not entitled to take or accrue annual or personal leave while on workers’ compensation unless the state or territory workers’ compensation law ‘permits’ the accrual of leave – Alfred Health contended that Victorian legislation does not ‘sanction, condone or countenance’ accrual of leave while on workers’ compensation – in adopting the approach to interpreting enterprise agreements in Golden Cockerel as modified by Berri Full Bench found that as the agreements were not ambiguous and as s.130 is not caught by the agreements, not satisfied the agreements impose a restriction on taking or accruing leave whilst in receipt of workers’ compensation – determined Victorian workers’ compensation legislation permits the taking and accruing of annual leave – in applying Anglican Care the Full Bench found that the employee was entitled to take and accrue annual leave while on workers’ compensation but not personal leave. Australian Nursing and Midwifery Federation v Alfred Health
