ENTERPRISE AGREEMENTS – ambiguity or uncertainty – s.217 Fair Work Act 2009 – application by the Construction, Forestry, Mining and Energy Union for variation of the CC Pty Ltd Enterprise Agreement 2012 with respect to the definition of redundancy in Agreement – 220 employees were made redundant due to Employer’s insolvency – definition of redundancy under Agreement excluded circumstances where employee’s employment is terminated because of insolvency or bankruptcy – definition of redundancy in Agreement not consistent with definition of redundancy in s.119(1) of FW Act or clause 14.2 of Black Coal Mining Industry Award 2010 (Award) – employees who were made redundant were not entitled to redundancy payments under the Agreement – Agreement also excludes the Award and operates in conjunction with National Employment Standards which resulted in entitlements of redundant employees where employer is made insolvent or bankrupt ambiguous or uncertain – Commission found that Agreement was ambiguous or uncertain – found that Agreement should be varied to include an identical definition of redundancy as found under the FW Act and Award – found variation appropriate to give effect to objectively ascertained mutual intention of the parties – Agreement varied with effect from 12 May 2017. CC Pty Ltd Enterprise Agreement 2012
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