ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – applicant subject to disciplinary action for alleged misconduct – received final written warning and 4-day suspension – employee allegedly used company truck and forklift unauthorised for personal purposes, stored bricks on employer’s premises unauthorised and failed to adequately restrain load of bricks on company truck – employee covered by BlueScope Steel Port Kembla Steelworks Agreement 2015 (Agreement) – applicant submitted evidence proved employee had authorisation to use truck and load had been restrained adequately – sought warning be revoked and employee paid for 4-day suspension – respondent submitted Commission did not have jurisdiction to order removal of final written warning but accepted it had jurisdiction to deal with suspension – contended penalty was appropriate given employee had not sought permission to use truck and breached load restraint guidelines – Commission found employee did not engage in misconduct – held decision to stand employee down for 4 shifts invalid and therefore employee entitled to be paid for those 4 shifts – construction of Agreement – Golden Cockerel applied – Commission found Agreement quite specific in relation to Commission’s role in respect to matters arising under Agreement and NES – found Commission did not have jurisdiction to deal with employee’s final warning – orders made. The Australian Workers’ Union v BlueScope Steel Limited
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