ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – dispute concerned additional work employees directed to perform by respondent – dispute arose in relation to application of various clauses of recently approved Aurizon Train Crew and Transport Operations Enterprise Agreement 2015 (the Agreement) – applicant claimed employees entitled to higher grade allowance for the time undertaking new duties – applicant claimed the use of the provisions to have additional duties undertaken for no additional payment was not agreed during negotiations – respondent argued the combination of a number of clauses provided basis for the duties to be undertaken – probative evidence in terms of requirements in Golden Cockerel required – matter unable to be conclusively determined given the significant ambiguity and uncertainty that existed in relation to dispute that potentially had broader implications for further application of the provisions in the same way – improper to determine issue without providing additional opportunity to address comparison between how employees’ duties were previously undertaken compared to the current directions, and how this issue was considered in negotiations or associated matters relevant to the intention of the use of the clauses in this manner – Commission to set further directions to deal with issue of ambiguity and ordered a listing for conference be issued. Australian Rail, Tram and Bus Industry Union v Aurizon Operations Limited
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