ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – alleged dispute about classifications in the Nilsen (Vic) P/L Enterprise Agreement 2010- 2014 (Agreement) – applicant claimed eight employees were entitled to be re-classified from EW5 to EW6 with appropriate back-pay – whether skills of employees met requirements of EW6 level and whether they were employed to use the skills acquired through the training or experience specified – interpretation of classification descriptions in Agreement – AMWU v Berri applied – on the evidence Commission held six employees had skills required for progression to EW6 – held classification/reclassification provision in Agreement was unambiguous in meaning and provided a very strong mandatory direction in relation to application of classification definitions – held nothing in the evidence indicated the employees had not in the normal performance of their duties exercised the competencies required for EW6 – satisfied the six employees should be reclassified to EW6 level – in relation to back-pay, nothing before Commission which permitted Commission to determine the six employees had met requirements for reclassification to EW6 at any time prior – finding that six employees should have been reclassified does not mean any of them have a continuing entitlement to remain at EW6 – dispute determined. Nilsen (Vic) Pty Ltd Enterprise Agreement 2010-2014
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