ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – dispute under the terms of the CSL Agreement 2015 concerning the intention of the respondent to alter the method of payment of shift penalties to some shift workers – agreement states the employer and affected employees may consider a proposal that shift penalties be averaged over an agreed period – applicant submitted that in order to implement an averaged penalties system, the agreement required mutual agreement – applicant further submitted that an agreement was already in place for many years and that the respondent cannot unilaterally terminate an agreement to average shift penalties – alternatively the applicant claims that to unilaterally change the remuneration system constitutes an extra claim under the agreement – the respondent submitted that they are permitted to alter the method of payment of shift penalties in accordance with the consultation term – Commission held the respondent cannot use an internal decision making process to remove its capacity to consider a proposal that shift penalties may be averaged over an agreed period – the respondent cannot rely on the consultation term to remove payment of shift penalties on an averaging basis from those employees who are currently receiving it – it is a term of the agreement that the respondent is able to consider a proposal from affected employees that shift penalties by averaged over an agreed period – the respondent cannot unilaterally withdraw its ability to consider a proposal from affected employees that shift penalties be averaged over an agreed period – the decision of the respondent to cease paying affected employees shift penalties on an averaging basis does not constitute an extra claim for the purposes of the agreement – the respondent cannot unilaterally remove the payment of shift penalties on an averaging basis whilst clause 12.6 remains in the agreement – the parties may elect to negotiate and agree on a variation to the agreement – application dismissed. National Union of Workers v CSL Limited
…
