ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – application to deal with dispute under the dispute resolution procedure set out in enterprise agreement – dispute related to hours of work and rosters during defined harvest season – Commission applied approach in Berri in construing the construction and meaning of terms in agreement – ordinary and natural meaning of provisions in agreement determined having regard to the context and purpose of the terms – found that roster arrangements and decision making process taken by respondent did not sit comfortably with the proper construction of terms of agreement – found that respondent should have selected other employees to be rostered on during a specific day in harvest season instead of applicant – parties encouraged to hold further discussions about the practical implementation of the decision prior to next harvest period. Shearing (The Maritime Union of Australia) v Viterra Operations P/L t/a Viterra
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