It is fascinating to note that this issue has always been controversial, given that peabody would have understood the meaning of each sentence in the document before signing the agreement. The fact that it has come to this point shows that either the employer did not invest enough funds in the negotiations or decided at some point to leave those resources out of the business. Peabody attempted to argue that the enterprise agreement involved the obligation to perform certain work so that the worker could qualify for the annual personal leave credit, but the Commission found that the exact text could not be subject to a period of service. Since the applicant was still technically employed on the anniversary of his employment, the 120-hour personal leave fee had to be credited and, therefore, due at the time of termination. The purpose of enterprise trading is to be an added value for a company. If employers do not invest in the process and maintain the know-how, decisions like this will follow them again. On the other hand, Peabody submitted that taking into account personal leave in advance always provides for a worker to provide a service under the agreement to obtain the benefit. The minor`s new argument was that his personal holiday deal with “taking a beer from a hotel minibar on credit, beer is provided on the confidence that the person has the ability and intends to pay it later. Peabody estimated that 120 hours of personal vacation were granted on credit and on the confidence that the employee had the ability and intent to provide personal vacation service at a later date. The disputed enterprise agreement provided that 120 hours of personal leave would be credited at the beginning of each year of employment and that at the time of dismissal, if the worker had noticed more than 70 hours, any unused personal leave would be paid to that worker.
Vice-President Saunders, in the finding for the union, stated that the case required the interpretation of the term “credit” to section 21.1 of the agreement, since the classification of “credit” is important because “the usual meaning of a “right” is the one to which one is entitled under a contract, a labour agreement, etc. That workers at Peabody`s Helensburgh mine refused an enterprise agreement offered by the company that it would have received as zero. , two and two salary increases plus bonuses on a two-year agreement. In the preparation of employment contracts, it is essential to develop carefully, the future judicial procedures can resort to the interpretation of a single word.