ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – dispute about matter arising under TW Power Services AGL Loy Yang Power Station Mechanical (AMWU & CFMEU) Enterprise Agreement 2016 – existing practice of many years where employees finishing work at 3.30pm would commence walking to exit around 3:25pm and pass through exit gate around 3.30pm – dispute arose about capacity of TW Power to bring end to existing practice and require employees to remain on site until 3.30pm – question whether existing practice was ‘over Agreement condition of employment’ – Clause 5.7 preserved existing over agreement payments and over agreement conditions of employment unless varied – Commission held existing practice not part of conditions of employment within meaning of expression in Clause 5.7 – question whether TW Power’s proposal constituted variation to usual finishing time – AMWU submitted ‘usual finishing time’ indicated common understanding as to custom and practice and Clause 13.2 operated to effect there be no change to common understanding unless agreed to by parties – Commission did not accept that ‘usual finishing time’ meant time employees were permitted to leave site – must be read and understood in context of hours of work provision – ordinary hours of work was 36 per week so ‘usual finishing time’ mandated finishing time at 3.30pm – question whether TW Power proposal constituted ‘extra claim’ – AMWU submitted that TW Power proposal amounted to extra claim for purposes of Clause 43 – Commission held that TW Power’s proposal not a claim but merely insistence that there be adherence to ordinary hours of work prescribed by Agreement – no orders made. “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) v TW Power Services
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