ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – ss.604, 739 Fair Work Act 2009 – appeal – Full Bench – dispute arose in circumstances where casual employees were required to perform overtime, being work that extended beyond the 36 ordinary time hours each week provided for in clause 10 of the EnergyAustralia Yallourn Enterprise Agreement 2013 – appellant had submitted that the 25% casual loading should be accounted for to establish employee’s ordinary time rate of pay before double time could be calculated – respondent claimed that it was only obliged to pay a casual employee twice the rate of pay applicable for employee’s classification level set out in Appendix 1 of Agreement – Commission found that the casual loading was not to be included in calculation of overtime – Full Bench held that Commission erred when he found that the clause was uncertain, and also erred when he relied upon the Electrical Power Industry Award 2010 to support interpretation of clause – Agreement expressly excludes the Award and further the Award expressly excludes the payment of the casual loading from the calculation of overtime – Commission also erred when he found that it was the common understanding as this was how the previous Agreement had been interpreted and applied, when there was actually no evidence on which he could make this finding – no evidence that casual employees under the predecessor agreement worked overtime, no evidence that if they did work overtime what they were paid, no evidence that the employees or the appellant knew what the casual employees were paid if they did work overtime – satisfied that the casual loading should be included in the calculation of overtime for casual employees – appeal allowed – decision at first instance quashed. Appeal by “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) against decision of Gregory C of 13 October 2016 [[2016] FWC 6120] Re: EnergyAustralia Yallourn P/L
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