ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – application to deal with dispute in accordance with dispute settlement procedure in Essential Energy Enterprise Agreement 2011 – issue whether the respondent was acting in conformity with clause 3.6(a) of the enterprise agreement when it made 29 Vegetation Officers redeployees – Commission found that respondent identified positions occupied by the 29 employees as no longer required – ‘old’ positions have been identified as no longer required by respondent – employees who have chosen not to become voluntarily redundant had therefore been declared ‘redeployees’ and given the opportunity to apply for one of the ‘new’ positions – those employees who successfully obtained one of these positions would then cease to be a redeployee – found concept of a ‘spill and fill’ is well recognised and accepted method of dealing with a situation where a restructure involves a reduction in the number of similar positions in a part of an organisation – held this was consistent with the obligations imposed on Essential Energy by the enterprise agreement. Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Essential Energy
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