ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – jurisdiction – s.739 Fair Work Act 2009 – applicant sought to dispute respondent’s ‘reasonable business grounds’ for rejecting requests for flexible working arrangements – respondent contended Commission did not have jurisdiction to deal with dispute – s.739(2) FW Act provides that Commission must not deal with a dispute to the extent that it relates to whether employer had reasonable business grounds under ss.65(5) or 76(4) – no dispute that request for flexible working arrangements is not a matter specifically dealt with under relevant enterprise agreement – applicant contended that a dispute about a request for a flexible working arrangement is a dispute about ‘the employment relationship (including, for the avoidance of doubt, in relation to the NES)’ – Commission held that the fact that a dispute settlement clause applies to disputes about the ’employment relationship’ including in relation to the NES is insufficient to overcome prohibition imposed by s.739(2)(a) – s.739(2)(a) is specific in its terms – requires written agreement of a particular nature between parties empowering Commission to deal with dispute about whether the employer had reasonable business grounds to reject request for flexible working arrangements – in order to overcome this prohibition there would need to be a specific clause in an enterprise agreement (or other applicable instrument) empowering Commission to deal with such a dispute – Bow v National Offshore Petroleum Safety and Environmental Management Authority considered – Commission satisfied it did not have jurisdiction to deal with dispute – application dismissed. Sims v StarTrack Express P/L t/a StarTrack
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