ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – application to deal with a dispute in McMah P/L Enterprise Agreement 2014 – 2018 – applicant was employed as a Contract Security Officer at the premises of the University of the Sunshine Coast – Commission to determine three issues: whether employees had to remain on campus during their meal breaks, whether classification matching in agreement was correct and if employees are entitled to first aid allowance – employees were required under agreement to undertake broad spectrum of Standard Operating Procedures – no provisions in the Agreement dealing with first aid allowance or meal breaks, terms are found in Security Services Industry Award 2010 – Agreement does not provide for its own classifications or wage rates, but incorporates them from other industrial instruments – Agreement incorporates the Security Award and the Higher Education General Staff Award 2010 – applicant argued she and other contracted Security Officers were classified under either Level 3 or Level 4 of Schedule C of the Security Award – respondent maintained Security Officers are classified at Level 2 – Commission found that the Higher Education Award was the applicable correlated Award for the Security Officers at the University – Higher Education Award has only one level of classification for Security Patrol Officers at Level 2 where rates of pay are equivalent for respondent’s labour hire Security Officers at the University – Commission found in both modern award’s First Aid entitlements that there was no reference in the Standard Operating Procedures for a Security Officer being requested or nominated as a First Aider – Commission of the view that if a meal break is unpaid there should be no requirement that employees remain on campus or be available in emergencies, unless there is agreed arrangement between the employer and the employee. Malic v McMah P/L t/a Men at Work Labour Hire
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