ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – application to deal with a dispute concerning meaning of part of clause 27 of the Tenix Australia P/L and ETU Power, Construction, Maintenance Enterprise Agreement 2013 – 2016 – clause 27 provides for payment to employees removed from availability roster – group of employees who were on availability roster and in receipt of availability allowance dismissed due to redundancy – applicant contended that as employees were removed from availability roster at initiative of respondent and had not received 12 months’ notice of removal from the roster they were entitled to payment of availability allowance in lieu of notice – found availability allowances are not payable as part of weekly wage for the purpose of redundancy payments – where termination of employment occurs due to redundancy, the initiative of respondent is not on removing an employee from the availability roster but rather on reducing the size of the workforce through redundancy – it would be a step too far to read the clause as including any action of employer which had the effect of ending employee’s participation in availability roster – termination of employment will always end possibility of employees being included on availability roster – termination not done for purpose of removing employees from the availability roster – clause 27.1.1 is about performance of work outside normal hours and payment to employee of allowance for being available to perform that work – clause 27 is linked with performance of work within a continuing employment relationship – found Clause 27.2.1 does not create entitlement for payment in lieu of notice for employee who is removed from availability roster as consequence of employee’s employment being terminated at the initiative of respondent. Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Downer Utilities Australia P/L
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