ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – dispute over payment of a meal allowance when driver employees work overtime hours with rest breaks – entitlement arises if employee not notified by the day prior to being required to work overtime – respondent’s current practice to post roster on two noticeboards – clause 27.6(a)(i) of Southern Star Windows Enterprise Agreement 2013 sets out the requirements for entitlement to the allowance – these are to notify the employee no later than the previous day and such notice indicate the employee ‘would be required to work such overtime’ – form of notification not specified – current wording in the rosters is there ‘may’ be a requirement for driver employee to work overtime – respondent advised duration of overtime difficult to accurately predict due to external factors which may cause down time – Commission’s view was that ‘would be required’ not satisfied by current use of ‘may’ in the roster – Commission found that in order to avoid the obligation to pay a meal allowance requires notification the day before working a period of overtime – the employee must be informed they will be required to work overtime and the notice includes an indication of the likely duration of the overtime by reference to the rest breaks that will fall due during the overtime under clause 27.7 of the agreement – dispute determined. Construction, Forestry, Mining and Energy Union v Southern Star Windows P/L
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