The Commissioner ruled that, in accordance with clause 80.5 of the Department of Justice Prison Officers’ Industrial Agreement 2020, prison officers are obligated to take annual leave during the Leave Year at the times specified in the structured annual leave rosters.

The Western Australian Prison Officers’ Union of Workers (Union) sought a declaration under the Industrial Relations Act 1979 (WA) concerning clause 80 of the Department of Justice Prison Officers’ Industrial Agreement 2020. This clause outlines the structured allocation of annual leave to prison officers through 'annual leave rosters.' The dispute concerned whether prison officers are compelled to take annual leave during their rostered periods.

The Union contended that prison officers possess the discretion to adhere to the roster, request leave at alternative times, or opt not to take annual leave during their designated periods. The Minister, in contrast, asserted that clause 80 mandates adherence to the annual leave rosters, emphasising the imperative for prison officers to take accrued leave at the times specified.

Central to the Union's stance was the absence of explicit limitations in clause 80 and the principle of equitable leave distribution. The Union argued for flexibility in leave decisions, asserting that the Industrial Agreement allowed for such latitude. Conversely, the Minister underscored the mandatory language of clause 80, emphasising predictable staffing levels critical in the regulated and staff-dependent prison environment.

Commissioner Emmanuel, acknowledging the historical presence of these provisions, rejected the Union's claim that officers can freely choose when to take leave, emphasising the Agreement's intent for an equitable and uniform approach through the Annual Leave Letter system.

Commissioner Emmanuel dismissed the Union's argument that the term 'annual' implies yearly issuance of the Annual Leave Letter, clarifying that 'annual' describes the type of leave, not its timing. Supporting the Minister's position, Commissioner Emmanuel stated that prison officers must take annual leave at the designated time, with deviations requiring special reasons and approval. Commissioner Emmanuel further rejected the Union's interpretation of clause 80.5 as providing guidance on abstaining from accrued leave, emphasising practical adherence to the Annual Leave Letter's specified timing.

Addressing cl 82, cl 83, and rostering provisions, the Commissioner held that they do not support the Union's stance. Acknowledging the anticipation of annual leave before accrual, the Commissioner found that it does not constitute 'cashing out' as defined by relevant legislation. Emphasising the mandatory language of clause 80, the Commissioner concluded that the Industrial Agreement's intention is for prison officers to take annual leave as dictated by the annual leave rosters.

In summary, Commissioner Emmanuel affirmed that prison officers are obliged to take annual leave as per cl 80.5 during the Leave Year at the designated times specified in the annual leave rosters.

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The decision can be read here.