MODERN AWARDS – dispute about matter arising under award – jurisdiction – ss.595, 739 Fair Work Act 2009 – dispute concerned written warning issued to applicant and her request to have written warning withdrawn – applicant sought to have Commission deal with dispute in accordance with Dispute Resolution clause contained in Clerks – Private Sector Award 2010 – respondent raised jurisdictional objection on basis that Commission had no jurisdiction to deal with application because dispute not about matter arising under relevant Award and/or National Employment Standards (NES) – submitted that applicant was employed under terms of Banking, Finance and Insurance Award 2010 rather than Clerks – Private Sector Award 2010 but that question of which Award had coverage was of no consequence as they contained same Dispute Resolution procedure – Commission satisfied nothing in Award or NES dealt with provision of warnings to employee about behaviour or work performance – held that terms of dispute procedure did not provide Commission with jurisdiction to deal with present application – application dismissed. Pavlic v SAI Global t/a SAI Global Property
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