ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – ss.604, 739 Fair Work Act 2009 – appeal – Full Bench – appeal against decision concerning dispute arising under enterprise agreement – determined at first instance that agreement does not require payment of shift loading in addition to public holiday penalties to employees working on a public holiday – Full Bench satisfied appeal raises important issues of general application – attracts public interest – permission to appeal granted – whether at principles relevant to construction of enterprise agreements correctly applied at first instance – whether construction of agreement correct – well established principles distilled and summarised in Golden Cockerel and reformulated in Berri – decision in Berri released after first instance decision in present matter – reformulation of principles in Berri does not change approach to task of construing agreement – apparent Deputy President did not have regard to purpose of relevant provisions in agreement in construing wording as clear and unambiguous – did not have regard for text of agreement viewed as a whole – conclusion reached by Deputy President not correct – meaning clear when disputed provisions are read in context of agreement as a whole and having regard to purpose of provisions – decision at first instance quashed – appeal upheld – Full Bench found employees entitled to afternoon or night shift allowances for ordinary hours worked on public holidays – obligation to pay shift loading in addition to public holiday penalties arises. Appeal by Construction, Forestry, Mining and Energy Union against decision of Dean DP of 24 May 2017 [[2017] FWC 1763] Re: Endeavour Coal P/L t/a Appin Mine
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