ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – dispute about matter under Nyrstar Port Pirie Enterprise Agreement 2014 (Agreement) and NES – applicant is a Grade 2 Tradesperson – made application for dispute concerning classification – concerned application of Classification Structure and Base Salary Levels contained in Appendix 1 of Agreement and application of Performance Standards Guide – applicant made request to be reclassified – outcome of decision likely to have flow on effects to other employees – applicant submitted that Performance Standard Guide created by Nyrstar without consultation and after Agreement approved, was additional document that went beyond requirements set out in Agreement and should not be used to determine employees’ classifications – Nyrstar submitted that first step in implementation of new classification structure was to align employees to their appropriate classification structure within the structure – further submitted that focus was to engage with experts and to develop Implementation Guidelines – If employee had some, but not all competencies, training programme was developed – once process was completed, process for progression through Grades commenced which resulted in consideration being given to elements of performance standards – Performance Standards Guide was subsequently developed – Commission considered Agreement Classification Structure contained in Appendix 1, Clause 2 which provided for progression within each level – progression was subject to consideration of skills utilised by employee and subject to consideration of individual performance – Commission found that Nyrstar produced internal document which was intended to reflect requirements and expectations for Grades at each level – Commission further considered Performance Standards Guide Tradesperson Classification document – found that Performance Standards Guide was not subject of agreement between parties or submitted as part of agreement approval process – found that it was a more expansive document and would not be an issue if it was consistent with Classification Table in agreement – imposed additional requirements not contained in Classification Table – Commission applied principles of interpretation in Golden Cockerel to Agreement and Performance Standards Guide – found Performance Standards Guide imposed obligations in excess of those required by Classification Table in Agreement – found not agreed document or industrial instrument – cannot operate to undermine or impose greater obligations in Agreement – Commission ordered Nyrstar reassess applicant’s eligibility for promotion by reference to Agreement within 14 days of decision. Stevens v Nyrstar Port Pirie P/L
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