Manchula Vendrig v Ausgrid Pty Ltd

Manchula Vendrig, a former employee of Ausgrid Pty Ltd, sought the intervention of the Fair Work Commission to address a dispute regarding an allowance payment. The case was heard by the Full Bench of the Fair Work Commission, which had to determine if the Commission had jurisdiction to hear the matter under the enterprise agreement’s disputes settlement procedure. The applicant claimed entitlement to an allowance for the period between December 2018 and 30 June 2020, after she had accepted a voluntary redundancy and her employment terminated on the same day the application was filed.

The central legal issue was whether the Commission had jurisdiction to hear the matter, given the procedural steps taken under the enterprise agreement’s disputes settlement procedure. A secondary issue was the characterisation of the dispute and whether it was appropriate for the Commission to proceed, given the doubt surrounding jurisdiction. The Commission needed to assess whether the applicant's steps complied with the necessary requirements and if the dispute could be considered within their remit.

The Commission found that the applicant had not complied with the procedural steps of the enterprise agreement's disputes settlement procedure, specifically failing to obtain accreditation before the specified 'cut off' date. The Commission emphasised that the applicant was not treated differently from other employees in the same situation. Consequently, the Commission held that the applicant was not entitled to the allowance in question and that there had been no breach of the 'grandparenting' arrangement or the enterprise agreement. The Commission concluded that the application lacked merit and dismissed it, finding that the applicant was not entitled to the allowance she sought.

The Full Bench of the Fair Work Commission dismissed the application, affirming that the applicant was not entitled to the allowance claimed. The decision underscored the importance of adhering to the procedural requirements of the enterprise agreement's disputes settlement procedure and highlighted the Commission's stance on jurisdictional issues.