CFMEU (105N) v Dof Australia Pty Ltd
What happened
The Maritime Union of Australia (MUA) brought a dispute to the Fair Work Commission (FWC) regarding a permanent employee, the Applicant, of DOF Australia Pty Ltd. The Applicant, a Chief Integrated Rating, was reassigned to a new vessel after the Skandi Atlantic was sold. The company directed the Applicant to use accrued leave during the period between assignments. The dispute concerns whether the company could direct the Applicant to take ‘leave in advance’ under clause 31.4(b)(iii) of their enterprise agreement.
What was decided
The FWC has yet to issue a final decision on the dispute. The Commissioner is determining whether DOF Australia Pty Ltd was entitled to direct the Applicant to take leave in advance. The MUA argues the company’s interpretation of the agreement is misguided, while DOF Australia contends the clause allows them to direct employees to take leave. The decision will be based on the written submissions of both parties.
What it means for employers
Employers should review their interpretation of clauses allowing for leave in advance. They must consider the context of the agreement and relevant legislation when directing employees to take leave. A reasonable approach is needed, aligning with the operational needs of the business and employee circumstances.
What it means for employees
Employees should understand their rights under enterprise agreements. If directed to take leave in advance, employees
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