ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – application to deal with a dispute – dispute concerned the interpretation of clause 32.17 of EnergyAustralia Yallourn Enterprise Agreement 2013 (Agreement) which dealt with Transitional Cross-Stage Training Arrangements – applicant contended that clause was clear and unambiguous; requiring the company to provide applicant with cross-training as requested – it was common ground that applicant completed a course – respondent submitted that course included cross-stage training which was sufficient to satisfy the requirements of clause – applicant contended training was for purpose of initial training in the role and there was an absence of proper training records – respondent claimed that only obligation to applicant was to provide a scheduled training program and advise of when it would be provided – as to the content of the program, respondent submitted that this was a matter for its discretion, having regard to applicant’s training, skills and experience – Golden Cockerel considered – Commission found clause had a plain meaning and there was no ambiguity – respondent was required to provide applicant with a two week cross-stage training course run as 4 x 9 hours per day on day work, together with the consolidation clause 32.17 required upon its completion. Construction, Forestry, Mining and Energy Union v Energy Australia Yallourn P/L t/a Energy Australia
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