ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – application to deal with a dispute under Thiess Curragh Mine Enterprise Agreement 2013 (2013 Agreement) – dispute related to selection for redundancy of a member of the applicant – respondent brought jurisdictional objection on account that dispute related to ex-employee; was not initiated while employee was employed; and because dispute had not been initiated in accordance with 2013 Agreement – Commission to determine whether employee initiated dispute in accordance with clause 7 of 2013 Agreement – following a meeting with the respondent regarding the redundancy, the employee’s employment ended on 5 November 2015, shortly before applicant filed a dispute with Commission on his behalf on 17 November 2015 – respondent asserted plain meaning of 2013 Agreement required any dispute about redundancy be referred immediately to the Commission and any dispute initiated must be made by a party to the 2013 Agreement – respondent outlined as applicant lodged application with the Commission 12 days after the employee’s employment had ceased, the Commission had no jurisdiction to deal with dispute – in the alternative, respondent claimed meeting between employee and respondent cannot be considered to have been initiation of dispute based on nature, tone and content of discussions – applicant submitted dispute was initiated by employee either questioning redundancy or once agreement could not be reached regarding the redundancy prior to cessation of employee’s employment – Commission did not accept clause 7.3 of 2013 Agreement should be read so that a dispute cannot be found to have been initiated by an employee before an application was made to Commission for resolution of that dispute – Commission further outlined a dispute under clause 7 could be initiated before an application was made to Commission and a former employee who put his or her selection for redundancy in issue before employment ceased had initiated a dispute and could make an application to the Commission after that time – determined employee did put issue of his selection for redundancy in dispute prior to end of employment – Commission found to have jurisdiction to deal with applicant’s application under s.739 FW Act – jurisdictional objection dismissed – matter to be listed so Directions can be issued in relation to it. Construction, Forestry, Mining and Energy Union v Thiess P/L
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