Ms Anna McKenzie v Liddell Colleries Pty Limited

In the matter of Ms Anna McKenzie versus Liddell Colleries Pty Limited, the Fair Work Commission was tasked with resolving a dispute concerning the employee's warning and subsequent suspension without pay. The case arose from the interpretation and application of the relevant provisions within an enterprise agreement, specifically focusing on the disputes settlement procedure outlined in section 186(6). Ms McKenzie, the employee, challenged the procedural fairness of the warning and suspension, arguing that it violated the agreement's stipulations.

The primary legal issue before the Commission was whether the employer had adhered to the enterprise agreement's dispute settlement procedure when issuing the warning and subsequent suspension without pay. Ms McKenzie contended that the employer failed to follow the necessary steps, which included providing a written warning and allowing for a review by an authorised person. Conversely, Liddell Colleries Pty Limited argued that it had properly followed the procedure as outlined in the enterprise agreement.

After examining the evidence and the terms of the enterprise agreement, the Commission determined that the employer had indeed deviated from the prescribed dispute settlement procedure. The employer did not provide a written warning as required and failed to allow for the review process. The Commission found that these procedural errors rendered the warning and suspension without pay invalid. Consequently, the Fair Work Commission ruled in favour of Ms McKenzie, finding that the employer's actions were procedurally unfair and not in accordance with the enterprise agreement. The Commission ordered that the suspension without pay be treated as null and void, and further directed that appropriate remedial action be taken by the employer to rectify the situation.