ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – respondent ceased payment of Remote District Allowance (RDA) to employees covered by Serco Immigration Services Agreement 2015 based in Darwin on 12 November 2017 – applicant contended decision to cease payment of RDA not a reasonable exercise of managerial discretion – sought orders reinstating RDA and back-payment – RDA previously paid under Agreement to employees of Wickham Point – Wickham Point closed 31 October 2016 – a number of employees transferred to Darwin – transferring employees told terms and conditions of employment would not change – Commission found obligation to pay RDA under agreement ceased in November 2016 after closure of Wickham Point – Serco continued to pay RDA until November 2017 – Commission rejected contractual claim as RDA never a contractual entitlement – Commission found no estoppel arose as evidence did not support finding that any representation was made that staff would receive RDA such that any employee relied upon it when agreeing to transfer – Commission not satisfied conduct of Serco gave rise to legitimate expectation RDA payments would continue – cases on managerial discretion indicate Commission should be reluctant to interfere with right of employer to manage its business unless conduct unjust or unreasonable – test is not whether employer could have acted more reasonably [Essential Energy] – Commission not satisfied it was unreasonable for Serco to stop paying the RDA – application dismissed. United Voice v Serco Australia P/L
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