ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – reasons for decision issued after application determined given urgent nature of dispute – parties agreed to arbitration – dispute concerned substitute day provision in respect of Proclamation day – whether ‘actual day’ refers to original day or substituted day – applicant alleged the holiday should be observed on Saturday 26 while respondent alleged it should be observed on Monday 28 – principles of construction considered – considered operation of enterprise agreement in context of NES and public holidays’ legislation – ordinary and natural meaning of provision applied – Commission determined words ‘actual public holiday’ in clause 16.5.4 in context of Proclamation Day 2015 mean Monday 28 December 2015 – determination made. Shop, Distributive and Allied Employees Association v Coles Group Supply Chain P/L t/a Cold Edinburgh park Distribution Centre
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