ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – jurisdiction – s.739 Fair Work Act 2009 – application to deal with dispute under provisions of the ACT Public Service Education and Training Directorate (Teaching Staff) Enterprise Agreement 2011-2014 – applicant no longer employed by respondent – allegations regarding applicant’s conduct reported in September 2014 – delay in investigation – applicant’s registration with ACT Teacher Quality Institute lapsed on 31 March 2015 – registration a prerequisite to teach in the ACT – applicant submitted she was an employee at the time the misconduct procedures were commenced by respondent and she was entitled to the final stage of those procedures under the agreement – respondent submitted that applicant had no standing to bring her application in accordance with the agreement’s dispute settlement procedure as she was not an employee and had not been since February 2015 – two questions which the Commission needs to determine : whether applicant was an employee at the time she made her application and whether applicant had standing to bring her application – Commission held that as of 1 April 2015 applicant was no longer an employee of respondent – ING considered – found applicant not an employee of respondent at the time she lodged her application – Commission does not have jurisdiction to deal with application – application incompetent – application dismissed. Dayhew v ACT Government as represented by the Education and Training Directorate
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