ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – application to deal with a dispute arising under The Visy (Kings Park, Cavan and Forrestfield) and United Voice Enterprise Agreement 2013 – applicant received ‘first written warning’ following allegations of harassment – applicant unsuccessfully attempted to email investigation report conducted by respondent to union – respondent issued final written warning for breach of confidentiality and company policy – respondent submitted applicant was dishonest when asked if he had disclosed report – respondent raised jurisdictional objection that not all steps in dispute settlement procedure exhausted – applicant submitted final written warning should be removed – Commission considered it had broad discretion to arbitrate pursuant to dispute settlement procedure in agreement [Lend Lease] – held applicant was dishonest when asked by respondent whether report provided to union – final warning was appropriate – application dismissed – recommendation issued for respondent and union to agree on provision for relevant documentation, subject to confidentiality, to be provided to union to enable representation of members in disciplinary matters. Higgins v Visy Packaging P/L
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