Enterprise agreements – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – application concerning a dispute as to the performance of duties by employees in senior staff positions – relevant agreement the Schweppes Australia Huntingwood (NSW) Enterprise Agreement 2013-2016 – Schweppes maintained that while the ‘Manufacturing Supervisor’ position is not covered by the Agreement, relief machine duties may be performed in order to ensure that line operation is continuous – submitted that nothing in the Agreement prevents this – United Voice submitted the Commission should stop the performance of such work as it is covered by the Agreement and should only be performed by Agreement covered employees – contended this is consistent with the intention of parties as well as custom and practice on site – Schweppes submitted that the Commission did not have jurisdiction to arbitrate the dispute as it concerns work of employees not covered by Agreement – Commission satisfied it has jurisdiction to make an order to settle dispute – Wanneroo and Golden Cockerel applied – Commission found that while the Agreement does not apply to managerial staff, it also does not describe or restrict work done by them – no provision that only Agreement covered employees can perform production work – held that while the delineation between agreement covered work and managerial staff work may have changed, it has not been substantiated as contrary to the Agreement – given the content of the Agreement, Commission not satisfied the order sought by United Voice is appropriate – application dismissed. United Voice v Schweppes Australia P/L
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