CPSU, the Community and Public Sector Union v Department of Human Services

[2011] FWA 1964

[2011] FWA 1964

FAIR WORK AUSTRALIA

DECISION

Workplace Relations Act 1996
s.170LW—pre-reform Act—Application for settlement of dispute (certified agreement)

CPSU, the Community and Public Sector Union
v
Department of Human Services
(C2011/3642)

VICTORIAN PUBLIC SERVICE AGREEMENT 2006

State and Territory government administration
COMMISSIONER SMITH	MELBOURNE, 7 APRIL 2011

Dispute resolution and grievance procedures under the agreement.

[1] The following Decision, now edited, was issued during proceedings conducted on 29 March 2011.

[2] The role of the tribunal in determining the proper application of the agreement is to look at the words of the agreement and to only look at those words. If the words contain some ambiguity or uncertainty then the value of intrinsic material may be examined.

[3] The issue raised by the CPSU, the Community and Public Sector Union (CPSU) in this matter goes to the circumstances leading to a meeting to be held on 6 April. Those circumstances are covered by the management of unsatisfactory work performance and misconduct, clause 17. It is put to me that clause 17.5 is a generic clause that applies to the whole of the clause and therefore that access to the dispute resolution and grievance procedure under clause 10 is not available until an outcome is known and placed upon the employee’s personnel file.

[4] I have examined clause 17.5, and in particular I have examined the other clauses referred to by the CPSU, and I find that the argument put forward by the Department of Human Services is correct, it is premature for the Tribunal to entertain the application at this stage. Accordingly, I find there is no jurisdiction to deal with the matter. The application is dismissed.

COMMISSIONER

Appearances:

D Salinger on behalf of the CPSU, the Community and Public Sector Union.

J Maddison for the Department of Human Services.

Hearing details:

2011.

Melbourne:

March, 29.

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