Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Endeavour Energy

In the case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Endeavour Energy, the Fair Work Commission was asked to review an earlier decision in relation to a dispute concerning the entitlement of certain employees of Endeavour Energy to be paid the Electrician’s License Allowance (ELA). The Union sought to have the Commission deal with the dispute under a dispute resolution procedure (DRP) in an agreement. The case involved significant jurisdictional issues and a lengthy history of litigation dating back to 2014. The court was tasked with determining whether the dispute was about the employer/employee relationship, whether the last Commission decision had resolved the original dispute, and whether the current dispute was an impermissible extra claim. Additionally, the court had to consider whether the steps in the DRP were followed, and whether the dispute notification was jurisdictionally competent.

The court found that the dispute notification was not jurisdictionally competent as it would have otherwise been dismissed on the merits. The dispute was deemed to be an impermissible extra claim, as it was not reagitated until 12 months after the last decision, which was limited to an outstanding named category of employees. The court held that the last decision had resolved the original dispute, and that the current dispute was not about the employer/employee relationship. The Union's jurisdictional objections were sustained, and the proceedings were dismissed.

The court's decision highlights the importance of following the DRP in employment disputes, and the need for dispute notifications to be jurisdictionally competent. The case also demonstrates the potential consequences of attempting to raise an extra claim, as the court found that the dispute in question was an impermissible extra claim. The decision serves as a reminder to both employers and employees of the need to adhere to the agreed-upon dispute resolution procedures in order to ensure that jurisdictional issues do not arise.