the Applicant v Crushing Services International Pty Ltd
Citation: [2026] FWC 2917
At a glance
- Employees affected
- 1
- Awards cited
- MA000027
What happened
the Applicant, an MC Driver for Crushing Services International Pty Ltd, raised concerns about his annual leave entitlement under the Crushing Services International Iron Ore Operation Employee Collective Agreement 2014 and a written employment contract. He works a roster of two weeks on followed by one week off, with 12-hour shifts and a total of 84 hours per week when working. the Applicant sought a determination from the Fair Work Commission regarding whether his annual leave accrual complied with the National Employment Standards (NES) and Enterprise Agreement.
What was decided
The Fair Work Commission considered the Applicant’s questions about his annual leave entitlement, particularly concerning how ordinary hours are calculated for annual leave purposes. The Deputy President applied reasoning from the High Court case Mondalez Australia Pty Ltd v AMWU to interpret the Act's provisions on annual leave. The Commission found that the Applicant’s statutory annual leave entitlement is linked to his ordinary hours of work and does not necessarily equate to five calendar weeks of absence. the Respondent’s method for accruing and deducting annual leave complied with the applicant’s entitlement to five weeks’ annual leave per year under s 87 of the Fair Work Act 2009 (Cth) and clause 5.2.1 of the Crushing Services International Pty Ltd Iron Ore Operation Employee Collective Agreement 2014.
What it means for employers
Employers should ensure they accurately calculate ordinary hours for annual leave accrual, particularly for shift workers. The Commission's decision highlights that a five-week absence may not always be guaranteed due to the way annual leave is accrued based on ordinary hours of work. Employers need to clearly communicate how annual leave is calculated and applied.
What it means for employees
Employees should understand how their ordinary hours are defined for annual leave purposes, especially if working shift patterns. It’s important to review employment contracts and enterprise agreements to clarify the calculation method and potential impact on actual time off.
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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 →