ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – application to deal with dispute in accordance with dispute settlement procedure in Teys Bros (Beenleigh) P/L AMIEU Production Departments Enterprise Agreement 2010 (2010 agreement) – issue regarding incentive based payment system (the Remuneration Document in the 2010 agreement) and whether employees entitled to back pay – 2010 agreement expired on 31 December 2012 – respondent applied and had a new agreement approved in 2013 [[2013] FWC 7804] but this was later quashed by Full Bench [[2014] FWCFB 1313] – respondent appealed quashing order to Federal Court – Federal Court dismissed appeal – 2010 agreement never ceased to cover employees – respondent discontinued incentive payments from 4 October 2013 to 30 August 2015 due to ongoing uncertainty regarding status of 2010 agreement and other applications – Commission to determine amount of back pay owed to employees under Remuneration Document – complex dispute – Commission of the view that quantifying amounts employees owed virtually impossible due to highly variable conditions – recreating incentive scheme under 2010 agreement like ‘unscrambling an egg’ – time and effort required by parties to undertake task would result in delay of payment to employees – Commission found delay and uncertainty detrimental to all parties – litigation and disputation must end – Commission ordered respondent pay employees back pay determined according to their classification – limited to employees who have not previously accepted settlement offers – employees whose employment has terminated and were not employed for the entire disputed period are to receive a pro-rata payment – order made. Australasian Meat Industry Employees Union, The v Teys Australia P/L
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