The phrase 'interruption arising directly or indirectly from an industrial dispute' in award long service leave provisions and enterprise agreements has its ordinary meaning and includes interruptions caused by protected employer response action in the form of lockouts, without distinction based on whether the industrial action is protected or unprotected.

A contract clause purporting to waive future long service leave entitlements cannot be enforced merely by including an unspecified 'additional percentage' in commission remuneration without express, specific written agreement identifying what portion relates to long service leave.

Amounts payable to employees for accrued long service leave, including amounts payable by reason of statute, fall within the meaning of 'an amount payable in relation to the performance of work' under s323 of the Fair Work Act.

Under s.37A of the Acts Interpretation Act 1901 (Cth), a person attains a particular age or service period expressed in years at the commencement of the relevant anniversary date. An employee who commenced on 10 July 2018 completes 7 years of service at the commencement of 10 July 2025; dismissal on 9 July 2025 means the employee has not completed the requisite period to qualify for the associated entitlement.

The definition of 'ordinary pay' under the Long Service Leave Act 1955 (NSW) is to be understood by reference to an employee's 'normal weekly number of hours of work' calculated at ordinary time rate, where 'week' means a working week (not a calendar week), particularly in the context of single-day LSL entitlements introduced in 2020.

Where the Long Service Leave Act 1955 (NSW) provides that a 'day' is to be calculated by reference to the average hours worked by a worker over a relevant period (s4(3B)), this demonstrates that 'day' refers to a working day, not a calendar day.

A construction of the Long Service Leave Act that would result in fixed-hours employees receiving less payment per day than the average daily hours they would ordinarily work, while non-fixed-hours employees receive average daily-hours payment, lacks rational foundation and is inconsistent with the language and purpose of the statute.

A statutory entitlement under Commonwealth law (such as long service leave) does not require incorporation into an enterprise agreement to give effect to the statute's provisions.

A State law may 'deal with' a specified subject matter (such as long service leave) where the entire legislative purpose and subject matter of the Act is directed to that matter, as opposed to a law conferring a general power that might be exercised in relation to that matter.

The purpose of the Long Service Leave Act is to provide paid leave for workers who have provided long service to an employer, described as 'a period of rest for the employee, so that he might recuperate after a long period of continuous service'.

A provision that employees are entitled to 'wages, including allowances, shall be maintained as if at work' is directed to maintaining income of employees whilst on leave at the same level as if physically attending work, including all allowances to which they would be entitled.