QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | Sato v Maurice Alexander Management Pty Ltd [2020] QIRC 213 |
PARTIES: | Sato, Kaori v Maurice Alexander Management Pty Ltd |
CASE NO: | B/2020/6 |
PROCEEDING: | Application for payment of long service leave |
DELIVERED ON: | 8 December 2020 |
MEMBER: HEARD AT: | Industrial Commissioner Dwyer On the papers |
ORDER: | 1. The application for payment of Long Service Leave is granted. 2. The respondent must pay Ms Kaori Sato the amount of $8253.55 (less applicable taxation) within 14 days of the date of this Order. |
| CATCHWORDS: | INDUSTRIAL LAW – Whether applicant has an entitlement to long service leave – when does entitlement to long service leave arise – certified agreement purporting to oust statutory entitlement to long service leave - effect of certified agreement on service – effect of certified agreement on entitlement – can loading paid on hourly rate be set off against entitlement – designation of loading for long service leave – was loading properly attributable to long service leave - discretion to refuse claim – application allowed. |
LEGISLATION: CASES: | Industrial Relations Act 1999 (Qld), s 43 Industrial Relations Act 2016 (Qld), s 95, s 475 Workplace Relations Act 1996 (Cth) Fair Work Act 2009 (Cth), s 113A AMWU v Berri Pty Ltd [2017] FWCFB 3005 Compass Group (Australia) Pty Ltd v Bartram Livermore v Coles Supermarkets Pty Ltd [2019] QIRC 165 Williams v Macmahon Mining Services Pty [2009] FMCA 511; (2009) 231 FLR 59 Williams v Macmahon Mining Services Pty Ltd (No.2) [2009] FMCA 763 |
Reasons for Decision
Background
Ms Kaori Sato makes application for an order that she be paid long service leave ('LSL'). Her claim was previously couched in terms of the entitlement arising under the Industrial Relations Act 2016 (Qld) ('the current IR Act'), however it appears uncontroversial between the parties that any entitlement she has will have arisen under the (now repealed) Industrial Relations Act 1999 (Qld) ('the IR Act').
The parties to these proceedings filed agreed facts on 8 June 2020.
Ms Sato was employed continuously by Maurice Alexander Management Pty Ltd ('MAM') as a casual Flight Attendant between 27 March 2006 until 24 September 2016, a total of ten and a half years.
Ms Sato's total actual hours of service with MAM were 14,893.58hrs.
During her employment Ms Sato's conditions were regulated by inter alia:
· The Flight Attendants' Association of Australia Domestic/Regional Division Casual Flight Attendants Enterprise Agreement 2006 ('the 2006 agreement');
· The Flight Attendants' Association of Australia Domestic/Regional Division Casual Flight Attendants Enterprise Agreement 2010 ('the 2010 agreement'); and
· The Flight Attendants' Association of Australia Domestic/Regional Division Casual Flight Attendants Enterprise Agreement 2015 ('the 2015 agreement').
On or about 7 November 2019, some three years following the cessation of her…
Keep reading for free
Create a free CaseChat account to read Sato v Maurice Alexander Management Pty Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2020] QIRC 213
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included the validity of a certified agreement that purportedly affected Ms Sato's entitlement to LSL, the point at which her entitlement crystallised, and the calculation of her LSL. Additionally, the court had to determine if any loading paid on her hourly rate could be offset against her LSL entitlement. The certified agreement's effect on Ms Sato's service and entitlement was critically examined, as was the question of whether the loading was properly attributable to LSL.
The court found that the 2006 agreement, which was in effect until replaced in 2010, did not oust Ms Sato's statutory entitlement to LSL. The court held that Ms Sato's entitlement to LSL arose upon her completion of 10 years of continuous service, which was confirmed to be in March 2016. The court rejected the employer's argument regarding the calculations of the LSL entitlement, accepting the figures submitted by Ms Sato. Consequently, the court allowed the application for payment of LSL.
In conclusion, the court granted Ms Sato's application for the payment of LSL and ordered Maurice Alexander Management Pty Ltd to pay her $8253.55 (less applicable taxation) within 14 days of the date of the order. The court's decision was grounded on the uncontroverted evidence and submissions that Ms Sato's LSL entitlement was valid and that the calculations provided were accurate.
Orders
Orders of the court
1. The application for payment of Long Service Leave is granted.
2. The respondent must pay Ms Kaori Sato the amount of $8253.55 (less applicable taxation) within 14 days of the date of this Order.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.