ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – employees received letter from employer on 13 October 2015 advising them their “substantive position is access to Essential Energy’s business requirements and you will be redeployed effective 19 October 2015” – letter provided employees two options to “no longer attend for work, as there is no meaningful work for you to perform” and “complete a four week career transition program” – parties agreed question for Commission to answer “is Essential Energy entitled (under the Essential Energy Enterprise Agreement 2013 and the Management of Surplus Employees Policy dated 20 November 2013) to issue a direction to redeployees not to attend for work in circumstances where it asserts there is no meaningful work placement (as defined in the Policy)?” – unions submit direction to “no longer attend for work” is inconsistent with Policy which requires, Essential Energy place employees “into a meaningful work placement” – respondent submits nothing in the Agreement displaces the common law rights including there is no obligation on Essential Energy to provide work – extent that the Policy imposes a requirement on Essential Energy to place a redeployee into a “meaningful work placement”, such obligation does not require Essential Energy to create a new position and is limited to instances where a “meaningful work placement” is available – Commission found the answer to question agreed by parties to be no – respondent is restrained from giving effect to any direction, given to employees it has described as “redeployees in underfunded positions” on 13 October 2015, that they not attend for work and must place employees subject of the direction in a meaningful work placement as defined by the Management of Surplus Employees Policy – order issued. Australian Municipal, Administrative, Clerical and Services Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Association of Professional Engineers, Scientists and Managers v Essential Energy.
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