INDUSTRIAL DISPUTE – stand down – ss.524, 526 Fair Work Act 2009 – applicants stood down by respondent in 2014 – applicants employment terminated in 2015 – period between stand down and termination applicants received no pay – applications made after termination of employment and not at time of stand down – respondent exercised jurisdiction issue – whether applicants are within scope of s.526 FW Act – applicants must be within meaning of s.526(3)(a) – parties unable to direct Commission to any authorities where application under s.526(3) of FW Act was made by former employee – Fair Work Bill 2009 Explanatory Memorandum considered relating to operation of s.526 – at time of application employee must be experiencing or about to experience consequences of stand down – applicants had opportunity between stand down and termination to complain about stand down and chose not to do so – applicants now seeking to recover underpayment of wages – Commission does not have jurisdiction to deal with underpayment of wages – Commission concluded respondent’s jurisdictional objection upheld and applicants applications dismissed. Schell and Anor v Ensign Australia P/L.
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