ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – ss.604, 739 Fair Work Act 2009 – appeal – Full Bench – at issue was reduction of total fixed remuneration (TFR) paid to employees as a result of changes to rosters/hours of work – initial decision deemed methodology used by employer to determine the TFR was appropriate and consistent with the terms of the Peabody Energy Australia Coppabella Enterprise Agreement 2013 – methodology proposed by the appellant rejected by Full Bench – agreement had no appeal provisions – appeal grounds were based on reliance on award underpinning the agreement – the agreement provided for award underpinning the agreement only where the agreement specifically indicated – roster clause of the agreement did not specify the award applied – agreement was silent on methodology for reviewing remuneration following a roster change – employer considered relevant provisions of the award in its construction of the TFR – dispute clause of the agreement conferred on the arbitrator a broad discretion to arbitrate the dispute – Full Bench agreed with initial decision and found there was no demonstrated appealable error – no proper basis to exercise their discretion to grant permission to appeal – permission to appeal refused. Appeal by Construction, Forestry, Mining and Energy Union against decision of Asbury DP of 13 October 2016 [[2016] FWC 7428] Re: Peabody Energy Australia Coal P/L t/a Peabody Energy Australia PCI Mine Management P/L
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