The Full Bench has dismissed an appeal in relation to the interpretation of the Department of Justice Prison Officer’s Industrial Agreement 2020.  

At first instance, the appellant Union contended that a prison officer had the option to take annual leave in accordance with that prison officer’s position on the annual leave roster as stipulated by Clause 80 of the Agreement, apply to take annual leave at a time other than as prescribed by the annual leave roster, or to choose not to take annual leave during that officer’s rostered period. Commissioner Emmanual found that Clause 80 of the Agreement mandates that prison officers take their accrued annual leave during the leave year, as determined by the roster. The Commissioner therefore dismissed the appellant’s application. 

The appeal raised several grounds, including errors in law and fact, contending that the Commissioner did not consider all the words of clauses 85 and 56 of the Agreement, or the Minimum Conditions of Employment Act 1993, among other contentions. The Full Bench reviewed each of these grounds, finding that the Commissioner’s reasons were sufficient, and her conclusions were supported by the relevant clauses of the Agreement.  

The Full Bench determined that the Commissioner’s interpretation of the Agreement and the application of the Minimum Conditions of Employment Act 1993 were correct and supported by the language and context of the Agreement.  As a result, the Full Bench dismissed the appeal, affirming the decision of the Commissioner in the first instance. 

The decision can be read here. 

Decision issued Tuesday, 21 May 2024.