ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – whether respondent had the ability to unilaterally decline to increase the base wage rate value it used in its Incentive Scheme calculations in line with the negotiated wage increases in the Coles Kewdale Distribution Centre WA Agreement 2014 – clause 10(iv) of agreement was in dispute – applicant submitted there must be agreement between the parties to a revision of the Incentive Scheme and therefore there was also a requirement to consult – applicant submitted there was no agreement and consultation was insufficient – respondent submitted application could not be dealt with by Commission because it sought a binding determination on the rights or obligations that arose from the agreement, as opposed to the Commission forming a view about legal rights for the purpose of taking some other step in resolving a dispute within the Commission’s jurisdiction – held Commission had jurisdiction to deal with dispute – Commission had the ability to determine the meaning and effect of the agreement’s terms even where it involved a finding on the legal rights and obligations under the agreement – respondent submitted there was no requirement to consult because there was no change to the form and structure of the Incentive Scheme – held respondent did not revise form and structure of the scheme. Hutchings v Coles Group Supply Chain P/L t/a Coles Kewdale Distribution Centre
…
