ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – dispute about classification and applicable allowance for employees appointed as electrical work team leader pursuant to Kentz P/L – CEPU Gorgon Project – Barrow Island Enterprise Agreement 2015 – union submitted the allowance properly classified as an all-purpose allowance – employer submitted it was to be paid as a flat rate – relevant clause used the words ‘weekly rate’ – leading hand clause within the agreement referred specifically to ‘all-purpose allowance’ – union submitted the team leader clause had the some property as the leading hand clause despite different text – employer submitted the textual differences were intended to be different and thus have different application – City of Wanneroo considered in relation to construction – Commission considered that the agreement distinguished electrical work team leaders from leading hands – there was no reason to import text into the agreement as it the plain, ordinary meaning could be understood – bargaining history of parties considered – the issue of characterisation of the allowance was in dispute during bargaining – does not alter the final text of the agreement – the ‘weekly rate’ was determined to be a flat rate. Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Kentz P/L
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