ENTERPRISE AGREEMENTS – ambiguity or uncertainty – ss.217, 604 Fair Work Act 2009 – appeal – Full Bench – decision on appeal concerned application by appellant to vary an enterprise agreement to remove ambiguity and/or uncertainty – appellant alleged coverage clause ambiguous – submitted enterprise agreement should be varied to specify covered employees ’employed in Tasmania’ – Commission ordered variation to coverage in enterprise agreement operating prospectively – appeal focused on decision to vary enterprise agreement with prospective rather than retrospective effect – grounds for appeal included that the Commission erred in failing to consider application that variation operate retrospectively and made a jurisdictional error, and that the Commission failed to give any reasons why variation operated prospectively and take into account that common intention of parties was agreement limited to Tasmania – Health Services Union and Australian Nursing and Midwifery Federation made no submissions – Full Bench satisfied that appellant was not given an opportunity to make submissions about the prospective operation of the order – found denial of procedural fairness and appealable error – Full Bench held that an ambiguity existed in enterprise agreement and appropriate to exercise discretion to remove ambiguity – found objective intention of parties from commencement of agreement was to cover employees in Tasmania – Full Bench found that variation should operate retrospectively – permission to appeal granted – appeal upheld – decision at first instance quashed. Appeal by Aged Care Services Australia Group P/L against decision of Wells DP of 2 March 2017 [[2017] FWCA 1201] Re: Health Services Union and Anor
