The applicant sought a declaration under s 46 of the Industrial Relations Act 1979 (WA) regarding the interpretation of specific clauses in two agreements: Clause 13.5 of the Education Assistants’ (Government) General Agreement 2023 and Clause 52.4 of the Government Services (Miscellaneous) General Agreement 2023. These clauses outlined casual long service leave entitlements, stipulating 13 weeks' paid leave after 10 years of continuous service, with an additional 13 weeks for each subsequent period of continuous service.

The applicant contended that ‘continuous service’ should be interpreted based on its common-sense, plain English meaning. The respondent argued that it referred only to qualifying service since the registration of the industrial agreement contained the casual Long Service Leave clause.

Senior Commissioner Cosentino found no ambiguity in the references to ‘continuous service’ in either clause. Senior Commissioner Cosentino held that the phrase in the Education Assistants Agreement was not ambiguous and could not have the meaning argued by the respondent.

Senior Commissioner Cosentino issued directions clarifying the interpretation of ‘continuous service’ in the agreements. For the Education Assistants Agreement, Senior Commissioner Cosentino ruled that ‘continuous service’ in Clause 13.5 referred to continuous service under Clause 54 of the Education Assistants' (Government) General Agreement 2023. Regarding the Government Services Agreement, Senior Commissioner Cosentino determined that ‘continuous service’ in Clause 52.4 meant an unbroken period of service with the employer, incorporating specific periods outlined in the agreement, but excluding others.

The decision can be read here.