ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – jurisdiction – s.739 Fair Work Act 2009 – application to deal with dispute in accordance with dispute settlement procedure in AMJV Ichthys Onshore Construction Greenfields Agreement (Agreement) – dispute in relation to AMWU delegates, Mr Martin and Mr McMinimee, working for respondent who sought paid leave to attend a delegate training course between 11 and 14 July 2017 – applications for paid leave not accepted as respondent did not recognise Mr Martin or Mr McMinimee as delegates for purposes of clause 22 of Agreement – respondent objected to jurisdiction of Commission on basis that dispute related to demarcation and that the prerequisites set out in clause 18.2(c) of Agreement for Commission to arbitrate such a dispute did not apply – argued that effect of clause 18.2(c) is that before Commission can arbitrate disagreement or dispute in relation to demarcation, dispute must be adversely impacting or affecting performance of any work on, related to or incidental to respondent’s scope of work – further submitted that dispute in respect of clause 23 was caught by clause 18.2(c) – AMWU submitted ambiguity arose in application clause 18 and that it was contrary to legislative intent – Commission preferred AMWU interpretation and was satisfied that proper characterisation of dispute was that it involved dispute in respect of matter arising under clause 22 only – jurisdictional objection dismissed. “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) v AGC Industries P/L & Meisei Industrial Co Ltd t/a AMJV
