ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – applications to deal with a dispute pursuant to the Bupa Care Services, NSWNMA, ANMF (NSW Branch) and HSU NSW Branch, New South Wales Enterprise Agreement 2013 (Agreement) – respondent introduced a new operating model – changes impacted part-time work patterns of two employees – dispute arose between the two employees and respondent – dispute unresolved – whether respondent entitled to give notice to first employee of change to roster without reaching written agreement – whether letter given to second employee outlining new work arrangements complied with requirements of the Agreement – applicant contended part-time employment and general rostering clauses in the Agreement conflicted and part-time clause should prevail – part-time employment clause required written agreement to vary number of hours worked and rostering arrangements – respondent contended its’ ability to change a roster arose under general rostering clause and contract of employment – contended neither restricted its’ ability to change roster after appropriate consultation – contended written agreement requires minimum hours and rostering arrangements – construction of Agreement – Golden Cockerel applied – Commission satisfied objective of relevant clauses in the Agreement was to give part-time working arrangements predictability and certainty – found Agreement had plain meaning and not ambiguous – found part-time agreements without days of work or starting and finishing times do not achieve predictability and certainty – found respondent not able to give first employee notice of change to roster without written agreement – found terms in second employee’s work arrangements letter not compliant with the Agreement – dispute determined. New South Wales Nurses and Midwives’ Association v BUPA Care Services P/L
