Transport Workers' Union of Australia v Wymap Group Pty Ltd

In this case, the Transport Workers' Union of Australia, acting on behalf of its members, filed an application against Wymap Group Pty Ltd. The dispute concerns whether the employees of Wymap Group Pty Ltd are entitled to additional annual leave for overtime shifts worked on Sundays. The matter was heard in the Fair Work Commission.

The legal issue before the Commission was whether the overtime shifts worked on Sundays should be considered as additional annual leave accrual. This required an interpretation of the relevant provisions of the Fair Work Act 2009 and associated awards and agreements. The Commission had to determine whether the common law principle of Sunday work attracting additional leave accrual was applicable in this context.

The Commission found that the Fair Work Act and associated awards did not explicitly address the accrual of additional annual leave for Sunday work. However, it noted that the common law principle generally applies in Australia. Given that the parties did not have an enterprise agreement that expressly excluded the accrual of additional annual leave for Sunday work, the Commission ruled that the employees were entitled to the additional leave. The Commission emphasised that the absence of a contrary provision in the applicable awards or agreements meant that the common law principle should be applied.

As a result of the decision, the employees of Wymap Group Pty Ltd are entitled to additional annual leave for any overtime shifts worked on Sundays. The Fair Work Commission did not make any further orders beyond this determination.