ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – dispute under Electrix Ply Ltd & ETU Powerline Enterprise Agreement 2013-2016 – dispute concerned interpretation of clause 45.1 of agreement which deals with wage rates – applicant contended respondent incorrectly paid employees back pay based on classification levels under predecessor agreement as opposed to their classification levels under agreement – respondent argued had it included the reclassification based wage increases in back pay calculation it would have been double paying employees who had undertaken leading hand and high-voltage operating duties – Commission considered plain meaning of relevant clauses – no ambiguity arose – no regard to subjective intention – Commission determined employees are entitled to back pay calculated with reference to the wages employees would have received under agreement inclusive of any increases flowing from the reclassification of employees. Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Electrix P/L
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