ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – jurisdiction – s.739 Fair Work Act 2009 – application to deal with a dispute concerning decision by respondent to contract out potato receival operation at Ballarat facility – respondent declared jobs of employees working in potato receival redundant and intended to redeploy employees in into vacancies in other areas of Ballarat facility – AMWU disputed right of respondent to require employee to transfer to other work within Ballarat facility – contended respondent must follow procedures in clause 12 of McCain Foods (Aust) Pty. Ltd. Ballarat Production Enterprise Agreement 2014 – respondent contended clause 12 did not apply because no reduction in the size of the workforce would occur because of the redundancy situation – Commission applied approach outlined in Golden Cockerel to determine whether subject matter of dispute fell within clause 12 of agreement – Commission found applying the plain meaning of the words of clause 12 (without 12.1.2 to 12.1.12) would lead to absurd outcomes – found context in which clause 12 operated strongly lead to a conclusion that the reference to workforce in clauses 12.1.2 and 12.1.3 of agreement was to the number of persons needed by respondent at Ballarat facility – Commission found there had been a reduction in the number of persons needed at Ballarat facility because of the redundancy of potato receival jobs – to give meaning to the terms ‘redundancy’ and ‘retrenchment’ having regard to context and purpose of clause 12 required that the terms be given different meanings in different provisions within clause 12. – to the extent that issues in dispute raised questions as to the application of clause 12.1 then clause 12.1 enlivened in matter – Commission concluded matter in dispute was a matter within the operation of clause 12 of agreement. ‘Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union’ known as the Australian Manufacturing Workers’ Union (AMWU) v McCain Foods (Aust) P/L
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