ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – jurisdiction – s.739 Fair Work Act 2009 – jurisdictional objection to application to deal with dispute under BlueScope Steel Port Kembla Steelworks Agreement 2015 – dispute concerned employee who was stood down and given final written warning – respondent objected to application as warning issued was beyond the scope of the dispute resolution procedure in cl.35.1 – AWU argued Commission authorised to deal with dispute given changes to manner in which permission to be sought for personal use of company truck constituted a workplace change under the Agreement and consultation procedures/criteria for implementation of change not complied with – in the alternative it is sufficient for part of dispute to be characterised as being about matters arising under Agreement for Commission to deal with entirety of the dispute [Hay Point Services v CFMEU] – Commission dismissed AWU’s first argument as the change described is one of normal day to day operations and therefore excluded from the workplace change clause under the Agreement – Commission considered AWU’s second argument and held issues in dispute not so disparate or disconnected dispute essentially about whether employee’s misconduct justified disciplinary action – stand down and final warning letter cannot be dissected into separate components because both arise from single substratum of facts – Agreement specifies circumstances in which respondent may stand down employee including for misconduct – respondent’s conclusion that employee misconducted himself was pre-requisite for exercise of power to stand employee down – therefore dispute about whether respondent had proper basis to conclude employee engaged in misconduct necessarily one about a matter which arises under Agreement – artificial to treat final warning letter as severable from dispute to which cl.35.1 applies as it is a manifestation of that dispute – jurisdictional objection dismissed. The Australian Workers’ Union v BlueScope Steel (AIS) P/L
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