ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – ss.604, 739 Fair Work Act 2009 – appeal – Full Bench – appeal concerned the meaning of ‘pursue’ in the clause dealing with Long Service leave in the CFMEU MSS Enterprise Agreement 2012 – at first instance the Commission had determined the meaning to be broader than the dictionary definition – effectively imposed an obligation on the appellant to establish and pay into an approved portable long service leave fund – appellant argued Commission was in error as ‘pursue’ should have been given its plain and ordinary meaning – task of interpreting a disputed clause of an agreement is an objective one – Full Bench held what mattered was what words and conduct would have led a reasonable person in the position of the other party to believe – the words of the Agreement provided the 7 answer to the dispute – no obligation was established to make a payment into a portable long service leave scheme and parties cannot reasonably be held to do so expressly or by implication – permission to appeal granted – appeal upheld – determination at first instance quashed – Full Bench determination substituted. Appeal by MSS Security P/L & MSS Strategic Medical P/L t/a MSS Security & MSS Strategic Medical against decision of Gregory C of 27 September 2016 [[2016] FWC 5650] Re: Construction, Forestry, Mining and Energy Union
