ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – application to deal with a dispute under the Wesley Mission Hospitals and NSWNMA, ANMF Enterprise Agreement 2013-2016 (Agreement) – applicant represented member employed as Registered Nurse (RN) – when on night shift employee was the RN in charge of hospital comprised of three units – whether employee entitled to In Charge of Ward/Unit & Hospital Allowance (Allowance) in accordance with clause 12.4(a) of Agreement – Agreement provided for Allowance to be paid only when employee was in charge of one or more other nurses in the ward or unit in question – respondent contended employee was not eligible for Allowance because employee was not in charge of Enrolled Nurse (EN) in Alcohol and Drugs (AOD) unit – construction of Agreement – Golden Cockerel applied – Commission held Agreement and clause 12.4(a) had plain meaning and did not contain ambiguity – preferred evidence of employee – only direct evidence about what occurred on night shift – Commission found employee when on night shift was responsible for AOD unit and the EN working in it – entitled to Allowance – whether Commission had jurisdiction to order back payment of Allowance – held it was exercising private arbitration power – satisfied Agreement conferred power on the Commission to deal with issue of Allowance back payment – jurisdiction existed – parties directed to confer about orders Commission should make in respect of quantum of back payment and file proposed consent orders within 21 days. New South Wales Nurses and Midwives’ Association v Wesley Hospital Ashfield t/a Wesley Mission
