Association of Professional Engineers, Scientists and Managers, Australia v NSW Electricity Networks Operations Pty Limited t/a TransGrid

In the Fair Work Commission, the Association of Professional Engineers, Scientists and Managers, Australia brought a claim against NSW Electricity Networks Operations Pty Limited t/a TransGrid. The dispute arose from a direction given to an employee to relocate his work location, which the union contended resulted in unreasonable hardship and was therefore unlawful. The dispute occurred in the context of an expired and replaced enterprise agreement, raising issues about the Commission's jurisdiction and the applicability of the principles established in Stephenson v Abetz.

The central legal issues were whether the relocation direction constituted unreasonable hardship, and if the direction was reasonable and lawful under the circumstances. The Commission had to determine if the additional travel time, increased costs, and fatigue issues stemming from the relocation imposed an unreasonable burden on the employee and his family. Further, it was necessary to consider whether the dispute remained live despite the replacement of the enterprise agreement and whether the principles in Stephenson v Abetz applied to this case.

The Fair Work Commission held that the relocation did not impose unreasonable hardship on the employee. While acknowledging that the additional travel time, increased costs, and loss of family time did adversely impact the employee, the Commission found that the hardship was not as excessive as claimed. The Commission considered mitigating factors such as the Field Allowance, the Fatigue Management Procedure, and the flexibility in start and finish times. The Commission dismissed the jurisdictional challenges, including the argument that the dispute should not be determined due to the replaced enterprise agreement and the assertion that Stephenson v Abetz was wrongly decided. The application was dismissed, and the dispute concluded.