the Applicant v The Australian Broadcasting Corporation
Citation: [2026] FWC 2762
At a glance
- Employees affected
- 1
What happened
the Applicant, initially employed as a Digital Producer and later a Sub Editor at the Australian Broadcasting Corporation (ABC) from March 2018, was engaged on part-time agreements since January 2023. She took approved personal leave without pay starting September 2024 due to medical reasons. The ABC approved a maximum of 78 weeks of this personal leave without pay. In October 2024, the Applicant formally requested an extended period of personal leave without pay until March 2026. Subsequently, her employment was terminated in January 2026 due to redundancy. A dispute arose regarding the interpretation of 'leave without pay' under the ABC Enterprise Agreement 2022–2025 and whether clause 54.6.3 applied.
What was decided
The Fair Work Commission determined that it would answer the questions posed by the Applicant, as they more closely addressed the issues in dispute. The decision focused on interpreting subclause 54.6.3 of the ABC Enterprise Agreement regarding entitlements for employees on approved leave when notified of redundancy. While the full reasoning and final determination are not detailed in the provided text, the Commissioner considered the parties' written submissions and acknowledged the Applicant’s ongoing medical condition, leading to a decision made on the papers.
What it means for employers
Employers should carefully review their enterprise agreements and ensure clarity regarding distinctions between different types of leave, particularly personal leave without pay and general leave without pay. Clear communication with employees about leave entitlements and potential impacts of redundancy processes is crucial to avoid disputes.
What it means for employees
Employees experiencing medical issues impacting their work should document their situation thoroughly and seek clarification from their employer regarding applicable leave entitlements and how those entitlements interact with other employment conditions, such as redundancy processes. Understanding the specific clauses in enterprise agreements can be vital for protecting your rights.
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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 →