ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – dispute related to same provision in two recently approved enterprise agreements: the Australian Paper (Enterprise) Agreement, 2016-2019 Maryvale Mill Mechanical Maintenance and Engineering Store (Maintenance Agreement) and the Maryvale Mill Electrical/Plumbing Maintenance Enterprise Agreement 2016-2019 (Electrical Agreement) – essence of dispute concerned finish times for dayworkers who work a 10 hour ordinary hour day in accordance with the roster set out in the table to clause 19.2 – clause 19.2 provides a clear start time for dayworkers but does not specify the finish time of either the eight hour days or the 10 hour days – employees contend that a dayworker working a 10 hour day is entitled to a 30 minute paid meal break which counts as time worked – employer contends a dayworker working a 10 hour day is entitled to a 30 minute unpaid meal break which does not count as time worked – Commission properly understood roster in table in clause 19.2 requires a dayworker to work the number of hours mentioned (either eight or 10) exclusive of any meal break – agreement does not specifically provide for an unpaid 30 minute meal break during a dayworker’s ordinary hours – the common understanding provides for an unpaid meal break of 30 minutes on those days in the roster where the dayworker is required to work eight ordinary hours – length of any meal break and the time of taking of a meal break by a dayworker working a 10 day is not set in concrete – appropriate that parties try and reach an agreement on these matters – in the absence of any agreement, Commission will determine the matter after hearing from the parties. “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Ors v Paper Australia P/L t/a Australian Paper
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