ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – dispute under Freightliner Australia Coal Haulage P/L Enterprise Agreement 2015 about whether ‘advice periods’ apply in circumstances where employer seeks to advance (by up to two hours) or delay (by up to four hours) the start of an employee’s shift – union contended that respondent must notify employees within the ‘advice period’ set out in agreement – employer contended ‘advice periods’ do not apply in these circumstances – principles of Golden Cockerel apply – two further principles relevant: conduct of parties after an industrial instrument is mad cannot be used to aid interpretation of that instrument [Essential Energy]; guidance as to the construction of industrial instruments may also be obtained by reference to principles which courts apply to the construction of commercial contracts [Linfox Australia] – right of employer to adjust the commencement time of a shift not contingent upon the giving of notice within the ‘advice periods’ – construction of agreement in manner contended for by employer preferred. Australian Rail, Tram and Bus Industry Union v Freightliner Australia Coal Haulage P/L
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