ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – jurisdiction – s.739 Fair Work Act 2009 – application to deal with a dispute pursuant to a dispute settlement procedure at clause 63 in the TasWater General Employees (Southern Region) Enterprise Agreement 2015 – application not resolved by conciliation conference held on 10 January 2017 – respondent argued applicant had not followed all procedures within dispute resolution process and application could not be submitted to Commission – applicant stood down with pay for returning positive alcohol and drug test on 21 September 2016 – applicant returned to work on 28 September 2016 after being re-tested and deemed fit for work – respondent requested response from applicant in accordance with Alcohol and Other Drugs Policy (AOD Procedures) following formal warning – applicant provided no response – disputed formal warning under dispute resolution process (DRP) stating status quo applied until dispute resolved – respondent asked applicant basis of dispute and applicant provided statement of mitigating personal circumstances – respondent issued formal warning to applicant – respondent twice requested via email information regarding nature of applicant’s dispute and outcome sought – applicant failed to provide details – respondent argued details not provided by applicant pursuant to DRP in Agreement – Commission accepted respondent’s submission that no genuine attempt was made by applicant to resolve dispute in accordance with agreed DRP – determined jurisdiction not been enlivened as applicant failed to particularise dispute as required and within timeframe required under Agreement – application dismissed. Johnson v Tasmanian Water and Sewerage Corporation P/L t/a TasWater
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