The Department of Justice Prison Officers’ Industrial Agreement 2020 allows prison officers covered by it to purchase additional leave by foregoing salary. Four officers who were members of the Western Australian Prison Officers Union had entered into purchased leave arrangements. However, when the officers applied to access additional leave, their requests were declined on the basis of the operational needs of the relevant prisons.

The Union alleged the employer was in breach of the industrial agreement. It argued that, having agreed to enter into the purchased leave arrangements, the industrial agreement required the employer to make the leave available, and that the employer could not avoid making the leave available under any circumstances.

The industrial agreement relevantly provided:

Where more Officers than can be accommodated nominate for a particular block [of leave] the Employer will decide in consultation with those Officers directly affected who is to be allocated the period.

Industrial Magistrate O’Donnell noted that the prisons were experiencing a great deal of pressure on their human resources, and had reasonably concluded that they could not afford to allow officers to take additional leave on top of their usual annual leave. Her Honour further found that based on the above clause, it was open to the employer to find that even one officer who nominated for a block of leave might be more than can be accommodated. Accordingly, it was fair and logical for the prisons to decline all officers’ additional leave, rather than engage in consultation under the above clause.

Her Honour accordingly found there was no breach of the industrial agreement.

The decision can be read here.