ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – ss.604, 739 Fair Work Act 2009 – appeal – Full Bench – appeal of decision in relation to a dispute arising under the Endeavour Energy Enterprise Agreement 2012 – questions as to the application of the Electrician’s Licence Allowance – at first instance Commission determined specific categories of employees entitled to allowance – Full Bench to determine whether to grant permission to appeal – appellant contends appeal raises important questions, contains significant errors, resulted in a manifest injustice and potentially impacts other employers and employees – respondent argued that it is not in the public interest to grant permission to appeal – Full Bench satisfied that the resolution of the issue attracts the public interest and granted permission to appeal – considered Golden Cockerel and Essential Energy when interpreting clause – language of clause ahs plain meaning and is not ambiguous – at first instance Commission imported meaning into clause which did not arise from the words used – Full Bench satisfied clause is a grandfathering provision – conclusion at first instance wrong and amounted to an appealable error regarding the construction of the clause – appeal allowed – first instance decision set aside – Full Bench to provide assistance to parties through interest based bargaining – application returned to relevant Panel Head. Appeal by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia against decision of Hamberger SDP of 9 March 2015 [[2015] FWC 1505] Re: Endeavour Energy
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