ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – application to deal with a dispute arising under the Kentz (Australia) P/L Ichthys Onshore Construction Greenfields Agreement – dispute over the permissibility for a notice of termination to run concurrently with a period of Rest and Recreation (R&R) provided for in the agreement – Commission satisfied it has jurisdiction to deal with dispute – CEPU submitted that an employer cannot give notice concurrent with other forms of leave, and characterised R&R as an entitlement to be absent – further submitted that as R&R provides for time away from the workplace for a designated reason while notice of termination is to enable alternative employment to be sought, allowing these to run concurrently vitiates the reason for notice or the reason for absence – submitted by Kentz that R&R is not comparable to other periods of leave as it is a ‘creature of the parties agreement’ and is a separate part of the agreement to that dealing with leave – also submitted by Kentz that clause 8.6(c) does not prohibit notice being given during, or to coincide with, a period of R&R – no definition in agreement of ‘rest and recreation’ as it is only defined in relation to rosters – Commission satisfied that in the absence of any construction or purpose of R&R to the contrary. It is a form of regulated and approved leave – held that in providing payment in lieu of notice under the agreement, notice cannot be given such that it runs concurrent with a period of R&R. Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Kentz (Australia) P/L
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