Earlier this month we reported on the decision of AMWU v
Donau Pty Ltd [2016] FWCFC 3075 (Donau),
where the Full Bench of the Fair Work Commission
(Commission) found that service of an employee as
a casual employee prior to becoming a permanent employee is to be
taken into account when calculating redundancy pay entitlements. We
noted that it is likely that this decision will not only affect the
calculation of redundancy payments, but will also have significant
ramifications on the calculation of other
"service-related" entitlements, such as annual leave,
personal/carer's leave and notice of termination.
Decision at First Instance
At first instance, the Commission considered the interpretation
of a certain provision in an enterprise agreement of which the
Respondent was a party (the EA). In doing so the
Commission looked also to the construction of the Fair Work Act
2009 (Cth) (the Act), on the basis that the
EA incorporated provisions of the National Employment
