ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – jurisdiction – s.739 Fair Work Act 2009 – application to deal with dispute under the Healthy Snacks Australia Pty Ltd and National Union of Workers Collective Agreement 2013 – NUW sought ‘declaration’ that certain redundancy entitlements apply to former employees of Healthy Snacks Australia P/L (Healthy Snacks) – alleged dispute about effect of undertaking under s.190 FW Act on terms in Agreement dealing with redundancy pay entitlements – at conference Commission expressed preliminary view that it had no jurisdiction to deal with matter – s.739 confers jurisdiction on Commission to deal with disputes involving employees who are employed at time dispute lodged, even if employment relationship subsequently ends [Construction, Forestry, Mining and Energy Union v Broadspectrum Australia] – position less clear if employment has come to an end before dispute arose – alleged dispute in matter arose approximately six weeks after employment of each affected employee came to end – Healthy Snacks under administration and had been for some time – Commission found at time dispute arose no employee covered by Agreement – no jurisdiction to deal with dispute – recovery of entitlements under Agreement is a separate matter for which remedy exists in another jurisdiction – application dismissed. National Union of Workers v Healthy Snacks Australia P/L (Administrators Appointed)
…
