ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – submissions sought by Commission on options to resolve dispute after determination was made that first written warning issued to CFMEU delegate, the applicant, pursuant to clause 29 of the Energy Australia Yallourn Enterprise Agreement 2013 (agreement), be withdrawn – Commission considered how respondent’s failure to act in accordance with clause 29 of the agreement impacted on the applicant – considered that the dispute settlement procedure of agreement meant the penalty imposed cannot be backdated and that the dispute resolution term provided wide discretion to the employer to resolve disputes and thus their views should be an important consideration – Commission not satisfied that no further action should be taken given the short comings of the process adopted by the respondent – ordered first written warning effective 1 May 2017 expiring 17 June 2017. Construction, Forestry, Mining and Energy Union v Energy Australia Yallourn P/L
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