Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (128V) v Wormald Australia Pty Limited Trading AS Wormald Queensland
What happened
The Applicant sought to resolve a dispute with the Respondent. The dispute concerned payment for Rostered Days Off (RDOs) and the Living Away From Home Allowance (LAHA) under the Wormald South East Queensland Sprinkler Fitters Enterprise Agreement 2023-2027. The Applicant attempted to resolve the dispute at a workplace level and through conciliation, but these efforts were unsuccessful.
What was decided
The Fair Work Commission determined it had the jurisdiction to arbitrate the dispute. The Commission answered four questions presented by the parties regarding payment for RDOs and LAHA. The decision clarified whether the daily Fares and Travel Allowance applies when an RDO is cashed out or paid out at termination, and when LAHA is payable for travel days. The dispute was determined on the papers.
What it means for employers
Employers should ensure their enterprise agreements are clear about payment entitlements for RDOs and LAHA. They should also be aware of how the enterprise agreement interacts with relevant awards, and the potential for conflict between clauses. Employers must also respect the status quo while disputes are being resolved.
What it means for employees
Employees should be aware of their rights under the enterprise agreement and relevant awards regarding RDOs and LAHA. They should attempt to resolve disputes through the agreed grievance and dispute resolution procedure. Union members have the right to be
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