ENTERPRISE AGREEMENTS – ambiguity or uncertainty – s.739 Fair Work Act 2009 – applicant applied to Commission to deal with dispute under the Dematic P/L – Hume DC Enterprise Agreement 2015 (the Agreement) – employees affected by dispute were continuous shift workers engaged on a 12 hour ‘4 days on, 4 days off’ roster over a 8 week cycle – agreement provided a flat minimum hourly rate of pay for all rostered hours of work – three matters where in dispute – (1) whether the hourly rates under the Agreement apply to all hours worked by continuous shift workers on a ‘4 days on, 4 days off’ roster and compensate for ‘reasonable additional hours’; (2) the rate of pay for continuous night shift worked from 6:00pm Saturday to 6:00am Sunday; (3) whether employees were entitled to payment for public holidays on rostered days off before 1 August 2015 – AMWU v Berri applied with respect to interpretation of the Agreement – Commission found nothing ambiguous in any of the relevant Agreement terms – in matters (1) and (2) the Commission found that clause 11.5(b) makes clear that the minimum hourly rates under Schedule 2 apply to all hours worked in accordance with the ‘4 days on, 4 days off’ roster, including reasonable additional hours and shift loadings – exception is where the Saturday night shift is worked as overtime, in which case, hours worked in excess or outside set roster are paid double time in accordance with Clause 15.3 – in matter (3) Commission found Clause 16.1 provided that entitlement to payment for public holidays on rostered days off under the Agreement only applies from 1 August 2015 – employees who may have been entitled to public holiday on rostered days off prior to 1 August 2015 under the Award or previous agreement may seek remedy through the courts. Grech v Dematic P/L
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