ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – dispute under Greater Bendigo City Council Enterprise Agreement 2014 (Agreement) regarding appropriate position description (PD) and classification of a Parks Worker – Commission set out four general principles that should be applied in determining the classification of a position – first, classification of a position must be decided on basis of requirements of position as specified in finalised PD – second, occupant of a position may perform some functions at a higher or lower level and a PD does not need to meet all criteria for classification to fall within Band – third, classification of a position should be based on highest functions of position performed regularly and constitute a reasonable component of position, increase in occupant’s knowledge is best recognised through incremental movements, not reclassification of a position – fourth, assessment must be on overall requirements of position, not lowest level or highest level at which a function is required to be performed – Commission based assessment on PD agreed between parties and position classification definitions in Agreement – classification decision based on requirements of position, not on experience of person occupying position – classification must be based on management’s requirements of position – Commission satisfied that the PD is correctly classified at Band 3. Australian Municipal, Administrative, Clerical and Services Union v City of Greater Bendigo
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