ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – application to deal with dispute arising under TransGrid Employees Agreement 2013 – agreement expired and replaced – respondent directed employee to relocate work location – whether direction reasonable and lawful – whether relocation direction resulted in unreasonable hardship – applicant contended unreasonable hardship citing increased costs, fatigue issues, additional travel time, adverse impacts on employee and his family – mitigating measures applied to relocation including Field Allowance, Fatigue Management Procedure, flexible start and finish times – respondent challenged jurisdiction – whether dispute continued after replacement of agreement – whether principles in Stephenson applied – whether dispute about workplace safety and disciplinary action – Commission found differences in statutory schemes sufficient to find Stephenson does not apply – other jurisdictional objections dismissed – dispute able to be determined by Commission – Commission considered meaning of unreasonable hardship – accepted that additional travel time, extra costs and loss of family time adversely impacted on employee – found hardship not as excessive as contended – relocation direction did not impose unreasonable hardship – application dismissed. Association of Professional Engineers, Scientists and Managers, Australia v NSW Electricity Networks Operations P/L t/a TransGrid
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