ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – jurisdiction – s.739 Fair Work Act 2009 – application to deal with a dispute under QBE Enterprise Agreement 2016 made on 6 October 2016 – respondent raised a jurisdictional objection to the application, submitting that at the time the application was made the applicant was not an employee, and therefore not covered by the Agreement – this decision only deals with the jurisdictional objection – on 11 August 2016 respondent sent a letter to applicant notifying her that her role had been made redundant and she would commence a four week period of redeployment – further letter sent on 31 August 2016, notifying applicant that her employment would terminate on 7 September 2016 due to redundancy – at the time of her termination, the applicant was on a period of parental leave and was due to return to work on 30 September 2016 – respondent submitted in light of clauses 3(b), 38 and 40 of the Agreement, the Agreement did not cover persons no longer employed – applicant submitted the decision to run the redeployment period concurrently with a period of approved unpaid maternity leave was a dispute which remained unresolved as at 7 September 2016 when her employment was terminated – further submitted she suggested that the status of her employment should not be altered from approved maternity leave to redeployment until the agreed return to work date of 3 October – applicant filed a series of emails with her application showing discussions between herself and respondent, concluded with applicant commencing dispute resolution process in Clause 38 of Agreement – a majority in the Full Bench decision in Jajoo found the Commission had jurisdiction to hear an application to deal with a dispute in circumstances where Mr Jajoo had filed his application in the Commission after his employment had terminated – Broadspectrum considered – Commission held the application for the Commission to deal with a dispute was filed after the applicant’s employment had ceased – found applicant engaged in the dispute resolution procedure in the manner required before her employment was terminated so as to entitle her to bring the dispute pursuant to clause 38.6 of the Agreement, despite her no longer being an employee at the time of filing her application in the Commission – dispute arose when the employment relationship between applicant and respondent existed and applicant sought to progress a dispute under Clause 38 while still employed – disputes will arise while the employment relationship exists and continue after the termination of the employment, but this is not a bar to the Commission dealing with them [Jajoo] and [Broadspectrum] – found that applicant was engaged in the dispute resolution procedure in the manner required before her employment was terminated and this entitled her to bring the dispute pursuant to clause 38.6 of the Agreement, despite her not being an employee at the time of filing her application in the Commission – matter to be listed for further hearing. Toohey v QBE Management Services P/L t/a QBE Insurance
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