ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – application to deal with a dispute under the EnergyAustralia Yallourn Enterprise Agreement 2013 – dispute regarding role of Unit/Production Controllers (UCs) and Operations Team Leaders (OTLs) in performance of role of Outage Coordinator (OC) with respect to clauses 30 and 32.7 of agreement – clauses regarded the roles and responsibilities as well as the provisions for appointment of OCs at Yallourn Power Station – duties and responsibilities of UCs considered – CFMEU defined the issue as being whether the employer is entitled to appoint OTLs in the role of OC for minor outages without the consent or agreement of affected UCs – EnergyAustralia (EA) objected to this and submitted that as there was no basis to distinguish between ‘minor outages’ and other outages in relation to the application of the clauses, the issue has broader application than suggested by CFMEU – further submitted the agreement required a coordinator with appropriate skills in relation to all outages, an OTL will not always be appointed to the exclusion of UCs and that there is nothing in the agreement precluding EA from appointing an OLT to perform the role – Golden Cockerel applied – Commission determined the better interpretation as to the operation of the clauses is that advanced by EA, as there was nothing in evidence to show that position of OC is exclusively the role of UCs – clause 32.7 operates to allow or permit UCs to be appointed as an OC, rather than mandate it – consequently, Commission held that EA was entitled under the agreement to appoint OTLs with appropriate skills in the role of OC without the consent or agreement of UCs – application dismissed. Construction, Forestry, Mining and Energy Union v EnergyAustralia Yallourn P/L
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