Ai Group lodges appeal against WorkPac decision

The Australian Industry Group has filed an appeal against the decision of Commissioner McDonald of Fair Work Australia in the WorkPac case.

The appeal concerns the meaning of ‘service’ and ‘continuous service’ under the Fair Work Act.

This meaning is critical for determining the entitlements of employees in a wide range of day-to-day circumstances," said Australian Industry Group Chief Executive Heather Ridout said.

"The general meaning of ‘service’ and ‘continuous service’ under section 22 of the Fair Work Act is relevant for the Minimum Employment Period under the unfair dismissal laws, the accrual of annual leave, the accrual of personal/carer’s leave and redundancy pay.

"The meaning is also critical in determining entitlements when an employee is on a wide range of different types of leave and when absent from work in a wide range of different circumstances. These are issues of relevance to all employers and all employees.

"While the WorkPac decision centered around a workers’ compensation absence, the interpretation placed on section 22 and related provisions of the Fair Work Act by Commissioner McDonald has implications for numerous types of leave and absences.

Ai Group is representing WorkPac Pty Ltd in the proceedings and will apply to the Full Bench of FWA to intervene “in the interests of industry.”

This latest appeal follows 16 other appeals, which Ai Group has pursued, or intervened in, dealing with critical principles under the Fair Work Act.