ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – dispute about selection and consultation in relation to redundancy of AMWU shop steward – AMWU filed application for Commission to deal with dispute in accordance with Disputes Resolution Procedure of The Longford Gas Conditioning Plant Project Construction Agreement 2013 between CBI Constructors P/L and the AMWU, AWU, CEPU and CFMEU – dispute concerned downsizing of CBI workforce and dismissal of shop steward by way of redundancy – contended by CBI that Commission lacked jurisdiction to deal with dispute – CBI submitted the subject matter was not one that could be dealt with under clause 15, mandatory procedural steps for attempting to resolve the dispute had not been followed, and the filing of the application after dismissal meant the Commission lacked jurisdiction – held that AWMU followed procedure under clause 15 by raising the dispute at the appropriate workplace level – also held that once it was informed that CBI did not consider the subject matter of the dispute one to which clause 15 applied, it was reasonable and proper for AMWU to refer the unresolved matter to the Commission – Commission satisfied the matter one which arose under the agreement, due to AMWU informing CBI of a dispute regarding the pending termination of the shop steward while they were still employed – authorities are clear that where a dispute arises before an employee is terminated the Commission can deal with it even when the application is filed after dismissal takes effect – held that application is within the jurisdiction of the Commission and the Commission should exercise its jurisdiction to deal with the dispute. ‘Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union’ known as the Australian Manufacturing Workers’ Union (AMWU) v CBI Constructors P/L t/a CB&I
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