United Voice v Serco Group Pty Ltd (No.3)

United Voice (the applicant) and Serco Group Pty Ltd (the respondent) were parties to an industrial dispute concerning the respondent's alleged contravention of the *Fair Work Act 2009* (Cth) and the *National Employment Standards* (NES). The matter came before Judge Young of the Federal Court of Australia. The dispute centred on the respondent's alleged failure to provide certain employees with their entitlements under the NES, specifically in relation to annual leave and personal/carer's leave.

The primary legal issue before the Court was whether the respondent had contravened section 44 of the *Fair Work Act 2009* (Cth) by failing to provide employees with their minimum entitlements under the NES, as required by section 29 of the Act. This involved determining the correct interpretation of the NES provisions relating to annual leave and personal/carer's leave, and whether the respondent's employment practices met these minimum standards.

Judge Young found that the respondent had indeed contravened the *Fair Work Act 2009* (Cth) and the NES. The Court reasoned that the respondent's method of calculating and providing leave entitlements was inconsistent with the statutory requirements. Specifically, the Court determined that the respondent had failed to properly accrue and provide annual leave and personal/carer's leave to a number of employees, thereby breaching its obligations under the NES. The Court applied the principles of statutory interpretation to the *Fair Work Act 2009* (Cth) and the NES, concluding that the respondent's actions fell short of the minimum standards mandated by the legislation.