ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – ss.604, 739 Fair Work Act 2009 – appeal – Full Bench – disputes on appeal concerned correct interpretation of Appendix 2 in UGL Operations and Maintenance P/L Ichthys Onshore Construction Greenfields Agreement and in Kentz P/L Ichthys Onshore Construction Greenfields Agreement, the terms of which are identical – decision at first instance held that agreements in question enabled an affected employee to remain onsite during inclement weather – did not allow employer to direct employees not engaged in active work to leave site (where particular criteria are met) – also held that employer is required to pay an affected employee for their scheduled work where the employee exercises the option to stay – Full Bench held that matters are of importance and general application to work on the Ichthys project and in the public interest – permission to appeal granted – grounds of appeal included incorrectly interpreting meaning of Appendix 2 in each agreement and erring in law at paragraphs [56] and [57] of decision – also erring by answering questions posed for arbitration incorrectly – Full Bench found that Commission correctly interpreted Appendix 2 of each agreement – did not consider that Commission erred by relying on extraneous matters or that observations in paragraph [56] or [57] of the decision or otherwise disclose error – did not agree that the construction adopted by the Commission was unreasonable or that the questions posed for arbitration were answered incorrectly – concluded that Commission’s interpretation of Appendix 2 of each agreement was correct – did not identify any error in decision – appeal dismissed. Appeal by UGL Operations and Maintenance P/L and Anor against decision of Simpson C of 9 June 2017 [[2017] FWC 2950] Re: “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
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