Catchwords:

INDUSTRIAL LAW – appeal from decision of South Australian Employment Court – where first respondent claimed appellant breached s 50 of Fair Work Act 2009 (Cth) by underpaying second respondent in respect of long service leave entitlements – construction and application of provisions for determining “ordinary weekly rate of pay” in s 3(2) of Long Service Leave Act 1987 (SA) – whether “number of hours worked per week” means hours where work actually performed by worker or where employer requires worker to be standing by and ready to perform work, or includes hours by reference to which minimum payments due to employees are calculated – whether periods of absence of second respondent amount to unpaid leave and must be excluded from calculation of second respondent’s long service leave entitlements – appeal allowed