A s.739 (Dispute resolution) application from Joyce Nallathamby citing Monash Health T/A Dandenong Hospital has gone pear shaped. Commissioner Harper-Greenwell in Melbourne on 30 September 2019 ruled: Alleged dispute about any matters arising under the enterprise agreement and the NES;[s186(6)] – dispute about matters arising under the Allied Health Professionals (Victorian Public Health Sector) Single Interest Enterprise Agreement 2016-2020 – jurisdictional objection – s.739 Fair Work Act 2009. “I am not satisfied that Ms Nallathamby had agitated or notified a dispute about either the classification or higher qualifications in accordance with the dispute resolution clause during her employment. It follows, and I find, that the disputes procedure in clause 14 of the Agreement has not been followed. The Commission therefore has no jurisdiction to deal with the alleged dispute,” he said.
