ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – application by United Firefighters’ Union (UFU) pursuant to s.739 FW Act 2009 – dispute involved Metropolitan Fire and Emergency Services Board (MFB) investigation of conduct of MFB employee with view to consideration of disciplinary action against him – dispute raised under dispute resolution term in Metropolitan Fire and Emergency Services Board, United Firefighters Union of Australia, Operational Staff Agreement 2010 (Agreement) – UFU submitted MFB failed to comply with its policies, procedures and practices under the Agreement or alternatively intended to change or amend its policies and procedures without engaging in consultative process – MFB became aware of allegedly offensive Facebook posts alleged to have been made by the employee – on three separate occasions MFB advised employee an investigation had commenced into alleged breaches of Metropolitan Fire Brigades Act 1958 (Vic) (MFB Act) or MFB policies as a result of Facebook comments – MFB advised employee a report for the Chief Officer of findings and recommendations would be prepared and if any allegations were substantiated disciplinary action may be taken against him including formal counselling, an adverse report, or formal charges being laid under s.78B of MFB Act – employee subsequently suspended from duty with pay – MFB submitted formal or informal counselling would have been inappropriate in the circumstances – UFU submitted MFB had not laid charges under disciplinary process thus not complied with MFB disciplinary investigation guidelines by suspending the employee prior to laying of charges under disciplinary process – UFU submitted in dealing with allegations against the employee MFB intended to change or amend its policies and procedures without engaging in consultative process – MFB submitted no intention to change or amend its policies and procedures – Commission satisfied dispute within scope of Agreement’s disputes resolution clause – found MFB did not fail to comply with its policies, procedures and practices prior to commencement of formal investigation to consider/determine whether it was appropriate to formally or informally counsel the employee under Operations Work Instruction, Counselling Procedures – found MFB did not fail to comply with its policies, procedures and practices by suspending employee prior to laying charges contrary to Disciplinary Investigation Guidelines or in dealing with the allegations against the employee – nor did MFB intend to change or amend its policies and procedures without engaging in any consultative process in dealing with the allegations against the employee – application dismissed. United Firefighters’ Union of Australia v Metropolitan Fire and Emergency Services Board
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