ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – applications to deal with dispute under McCain Foods (Aust) P/L Ballarat Production Enterprise Agreement 2014 concerning payment of overtime for casual – whether employees who work 12 hour shifts entitled to shift penalties when working overtime – applicant submitted overtime clause of agreement applied to casuals as provision does not exclude employees – respondent argued all employees including casuals are paid at overtime rates once they have worked more than 38 hours a week – relevant provisions of agreement considered – interpretation of words in agreement – clause on any reading has a plain meaning and is unambiguous – words to be given their plan, ordinary meaning [Golden Cockeral] – task of interpreting an agreement does not involve rewriting the agreement to achieve what might be regarded as a fair and just outcome [Golden Cockeral] – no common understanding of application of clause to seven day twelve hour continuous shift roster and an absence of custom and practice – Commission concluded employees working twelve hour shifts under the seven day twelve hour continuous shift roster not entitled to shift allowances when working additional hours. ‘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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