The Commission found that references to 'continuous service' for casual employees mean a period of unbroken service to an employer.

The matter concerned the interpretation of long service leave (LSL) clauses in two industrial agreements covering Western Australian health system employees: the Enrolled Nurses Agreement and the Hospital Support Workers Agreement. Clause 44 of the Enrolled Nurses Agreement and clause 39A of the Hospital Support Workers Agreement pertain to long service leave for casual employees, providing 13 weeks' paid leave after 10 years of continuous service, with additional leave for subsequent periods of seven years.

The applicant sought a declaration from the Commission regarding the true interpretation of the casual LSL clauses under section 46 of the Industrial Relations Act 1979 (WA). The applicant contended that 'continuous service' includes all qualifying service with the employer before the registration of the industrial agreements. In contrast, the respondent argued that 'continuous service' should only encompass service provided from the date the entitlement first appeared in an industrial instrument applicable to the casual employees.

The Commission found the casual LSL clauses to be ambiguous, emphasising that a reasonable person reading them would interpret continuous service as unbroken service to an employer for calculating long service leave entitlement. The Commission issued declarations clarifying that in both agreements, references to 'continuous service' mean a period of unbroken service to an employer by an employee.

In summary, the Commission resolved the dispute by affirming the ordinary and common-sense meaning of 'continuous service' in the context of calculating long service leave entitlements for casual employees under the respective industrial agreements.

The decision can be read here.