ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.379 Fair Work Act 2009 – two jurisdictional questions arose in relation to a dispute notification – first objection, employer contends the AWU has not complied with requirements of the dispute resolution clause within the Agreement – second objection, employees who allegedly agitated the dispute are no longer employees (owing to redundancy) and consequently have lost their rights to progress the dispute under the disputes clause – in relation to first objection, Commission considered ING – construction of current s.739 of the Act did not suggest a departure of any material kind from the Workplace Relations Act 2996 for purposes of introducing a limitation on the rights of parties to agreements who had agitated a dispute prior to the cessation of their employment – in relation to second objection, email was sent by representative of employees to supervisors alerting them of dispute – employer contended obligation under clause 2.2 of the Agreement is personal to each of the employees concerned and cannot be substituted by another course of action – employer contended further there is no evidence before the Commission that demonstrates that the employees have met the requirements of subclause 2.2(d) of the Agreement – Commission found one or more employees have raised a relevant concern under the disputes clause, that is sufficient for the purposes of the further escalation of the dispute – not necessary that each and every employee who may be affected by the dispute or who may share a common interest in the dispute or who may otherwise have a relevant concern about the matter must personally agitate that matter with their immediate supervisor in order for the matter to be escalated through the disputes procedure – employees brought the dispute notice under s.739 of the Act in compliance with the requirements of clause 2.2 of the Agreement, and the Commission is not barred from dealing with the substantive matter in the manner prescribed by the Agreement. Australian Workers’ Union, The v Veolia Environmental Services (Australia) P/L
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