ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – Australian Manufacturing Workers’ Union (AMWU) and the Australian Workers’ Union (AWU) (the Unions) applied to Commission to deal with dispute in accordance with dispute settlement procedure in Brockman Engineering P/L Workshop and Site Collective Bargaining Agreement 2014 (Agreement) – Brockman provided tank maintenance services to Viva Energy Australia P/L under contract – Viva employed employees to perform maintenance work on specialised plant and equipment but did not employ employees to perform tank maintenance work – Viva employees were regulated by Shell Geelong Refinery Enterprise Agreement 2013 – Maintenance Employees (Viva Agreement) – dispute concerned interpretation and operation of clause 39, colloquially known as ‘jump up clause’ – question to be determined whether Brockman required, under the jump up clause, to apply wage rates or any other benefits of the Viva Agreement that were superior to those applying under the Agreement – Commission agreed with Brockman that provision of clause 39 as a whole were ambiguous and did not operate in the manner contended by the Unions – determined that the entitlement created by clause 39 should be broken into four constituent elements: that ‘an employee is employed or engaged at a site/client premises’; there must be ‘a general provision that applies to employees engaged on that site/client premises’; that ‘general provision’ must provide ‘benefit that is superior to the provisions of’ the Agreement; and, if the first three elements were satisfied then ‘the superior conditions shall apply’ to that employee – Commission held there was no real dispute that the first and third elements were satisfied but doubted whether provisions of Viva Agreement could properly be said to be a ‘general provision that applies to employees engaged on the client/site premises’ – that Viva Agreement had limited application and only applied to Viva’s employees, notwithstanding that they were engaged on Viva’s premises – Commission determined accordingly and no orders necessary. “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Anor v Brockman Engineering P/L
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