ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – jurisdiction – s.739 Fair Work Act 2009 – dispute relates to redundancy provisions arising under clause 23 and Appendix 2 of the Treasury Wine Estates Vintners Ltd – Great Western Maintenance and Laboratory Collective Agreement 2014 – jurisdictional objection – respondent asserts that AMWU raised dispute after affected employees were no longer employed and for a dispute of this kind to be progressed it had to be initiated by the employees when they were in employment – AMWU asserts that whilst dispute concerned entitlements of two individuals it could also be characterised as a dispute about the application of clause 23 and Appendix 2 of the agreement in general – Commission satisfied dispute is about the application of clause 23 and Appendix 2 of the agreement – Commission satisfied on wording of agreement that AMWU has the right to initiate a dispute and the power to notify a dispute to the Commission in its own right – North Goonyella and King distinguished from the circumstances of this matter – Commission found dispute was notified by the AMWU in its own right and this is not affected by the fact that the employees in question had left employment at the time the dispute was notified – Commission satisfied it has jurisdiction to deal with the dispute – respondent directed to file further materials – matter listed for further hearing. ‘Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union’ known as the Australian manufacturing Workers’ Union (AMWU) v Southcorp Wines P/L.
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