ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – reasons for determination issued 11 August 2017 – dispute in relation to one employee and agreement provision about supplementary labour – limited evidence before Commission – union’s case raised an issue about company’s approach to an employee not be considered by the company for redeployment when the project in which he was engaged completed – Commission did not accept employee given special treatment by union based on his position as union delegate – appeared to be some lack of appetite to meaningfully reconsider redeployment of particular employee – company failed to provide information to union by agreed date – timing and circumstances of company’s provision of certain information was not conducive to productive discussions concerning employee – Company contended situation in relation to employee was a genuine redundancy – company would be well-advised to consult clause 58 (consultation) of Agreement in future – Commission anticipated further proceedings (appeal, adverse action or unfair dismissal) – noted consideration might be given to discussion of a range of potential redeployment options on upcoming projects concerning this and other employees – proceedings concluded. CFMEU v Fulton Hogan Construction P/L
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