ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – ss.604, 739 Fair Work Act 2009 – appeal – Full Bench – appeal against decision relating to dispute over meaning of ‘the structured training course’ in enterprise agreement – at first instance Commission found wording had a plain meaning which required appellant to provide an employee a two week cross-stage training course – Full Bench found arguable case of error – permission to appeal granted – grounds of appeal related to ruling that certain evidence was inadmissible, refusal to admit certain evidence amounting to a denial of natural justice, Commission’s construction of clause and application of its conclusion about the construction – Full Bench found Commission admitted and considered evidence of context and surrounding circumstances and other evidence – in light of this no denial of procedural fairness – Full Bench found Commission erred in construction of clause that two phrases ‘the structured training course’ and ‘a structured training course’ referenced the same course – appellant submitted they are different in that the first refers to a course occurring before the existence of the agreement and the second refers to a future course – in relation to application of principle, Berri is relevant to interpretation of agreement – principles of interpretation pertaining to intention, objectives, and purpose must take into account position of employees and their understanding of proposed agreement leading up to, and immediately prior to, vote to approve agreement – Full Bench concluded clause ambiguous and open to more than one meaning – appeal upheld – first instance decision quashed – application remitted to Commission for rehearing and determination. Appeal by EnergyAustralia Yallourn P/L t/a EnergyAustralia against decision of Clancy DP of 27 April 2017 [[2017] FWC 2298] Re: Construction, Forestry, Mining and Energy Union
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