ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – ss.604, 739 Fair Work Act 2009 – appeal – Full Bench – at first instance the Commission issued a decision that documents provided to Ms Puata and Ms West by the appellant did not satisfy the requirements of Clause 9.3(b) of the Bupa Care Services, NSWNMA, ANMF (NSW Branch) and HSU NSW Branch, New South Wales Enterprise Agreement 2013 (Agreement) – the appellant sought permission to appeal – primary submission was that the Commission erred in construing meaning of clauses 9 and 24 in accordance with terms and in context of the Agreement as a whole – Full Bench was satisfied the dispute was matter of public interest and granted permission to appeal – satisfied that the appellant was able to change Ms Puata’s roster without reaching agreement in writing with her and that alterations to her hours of work must be agreed to in writing pursuant to Clause 9.3(c) – not satisfied that the manner in which the appellant reached agreement with Ms West in relation to reducing her hours of work and rostering arrangements contravened the Agreement – appeal in relation to both Ms Puata and Ms West upheld. Appeal by Bupa Care Services P/L against decision of Johns C of 25 November 2016 [[2016] FWC 8508] Re: New South Wales Nurses and Midwives’ Association
