ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – dispute under Appendix C and clause 25.5 of Part B of the Siemens Building Technologies/”US” Utility Services and ET Enterprise Agreement 2010-2014 – employees covered by agreement are provided with use of a motor vehicle by respondent known as tool of trade (TOT) vehicle – issue in dispute was whether respondent was precluded by reason of agreement from implementing provision of e-TAGs and reimbursement for toll incurred by TOT vehicles – clause 25.5 of Part B of agreement deals with fair, travel and toll allowances – applicant argued words ‘fair and reasonable use’ contemplates respondent taking financial responsibility for operational cost of the vehicles – respondent submitted they may be required to meet petrol costs associated with ‘fair and reasonable use’ – principles of interpretation applied from Golden Cockerel – Commission did not consider there was anything in Appendix C which would prevent respondent from implementing e-TAG procedure – Commission found phrase ‘fair and reasonable use’ does not include a requirement that respondent be responsible for toll expenditure incurred while using TOT vehicle – dispute is resolved accordingly and no order is necessary. Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Siemens Ltd.
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