ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – dispute arising under Appin Colliery & West Cliff CPP Enterprise Agreement 2015 (the Agreement) – application to determine whether the Agreement requires the respondent to pay a shift loading in addition to public holiday penalties to employees covered by the Agreement who perform shift work on a public holiday – Golden Cockerel applied – historically there were separate enterprise agreements for Appin and West Cliff – employees at West Cliff were not paid shift allowances in addition to the public holiday penalties for work on a public holiday, and Appin employees were paid the shift allowances in addition to the public holiday penalty rates – respondent has since ceased that practice, which gave rise to current dispute – applicant submitted that Appendix 3 was fundamental to the resolution of the current dispute, and the clauses within the Agreement are separate and discrete and provided different entitlements for different reasons, particularly that Appendix 3 provided separate and discrete payment rules for shift allowances, weekend penalties and public holiday penalties – respondent submitted that the public holiday provisions of the Agreement were clear and comprehensive, and applied in place of all other allowances or components which might otherwise have been triggered – further submitted that there was no basis for an interpretation of the Agreement which required shift penalties to be paid in addition to public holiday penalty rates – Commission held it was evident from the words in the public holiday clause that payment for a public holiday includes only that which is specifically stated in Appendix 3 – were it otherwise, this would have been explicitly stated within the Agreement, as it has been in other clauses – held it was clear from the language of other clauses within the Agreement that an express basis for the payment of more than one component set out in Appendix 3 may be payable at the same time – application dismissed. Construction, Forestry, Mining and Energy Union v Endeavour Coal P/L
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