ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – dispute regarding shiftworkers who work additional hours being paid in accordance with provisions of clause 30.2(a) of the Joinery and Building Trades Award 2010 – award provided overtime rate of 200% for all work done by shiftworkers outside ordinary hours – respondent submitted shiftworkers are correctly paid in accordance with provisions of clause 12.5 of the Core Toughened P/L and CFMEU (FFTS Branch) Enterprise Agreement 2012 – 2015 which provides additional hours be paid at 150% for the first two hours and 200% for hours thereafter – CFMEU contended this clause did not specifically deal with overtime worked by shiftworkers – as such it submitted that clause 30.2(a), being incorporated into the agreement by clause 2.1, was not overridden by any inconsistent provision – respondent submitted that clause 12.5 was inconsistent with clause 30.2(a) and should prevail over it due to the operation of agreement clause 2.2 – also submitted that the provision contained in clause 12.5 ‘covered the field’ – Golden Cockerel applied – held there is no ambiguity or uncertainty as to the operation of the clauses 2.2 and 12.5 as they both deal with setting rates for additional hours – also held that the operation of clauses 2.4, 12.2 and 12.5 are not ambiguous or uncertain as they preserve the pre-existing above agreement conditions, including the entitlement of shiftworkers to a higher rate for additional hours worked – Commission concluded that shiftworkers who commenced employment after the commencement of the agreement are entitled to payment for additional hours at the rate specified by clause 12.5, while those who were employed prior are entitled to the rate specified by clause 30.2 of the award – additionally, Commission held that shiftworkers are entitled to the benefit of a minimum overtime period or payment as provided by clause 30.6(c) of the award. Construction, Forestry, Mining and Energy Union v Core Toughened P/L
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