CFMEU (105N) v Dof Australia Pty Ltd
Citation: [2026] FWC 2073
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
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwc2073.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. The full FWC and Federal Court library behind every advisor answer is on Pro.
FairWork Mate AI
This is one decision. Pro reads all of them.
Free case pages cite the top 250 decisions. Pro opens the full Fair Work Commission and Federal Court library, cross-references your own situation against it, and cites the decision behind every answer — plus document upload, so it can read your letter or contract line by line. 150 questions a month, cancel anytime.
Just need today sorted? A Day Pass is 25 questions over 24 hours. No account, nothing to cancel.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections