ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – application to deal with a dispute under HACSU Department of Human Services Disability Services Enterprise Agreement 2012-2016 – applicant worked for Department of Health and Human Services (DHHS) as a Disability Development and Support Officer on casual basis – was subject to various performance and disciplinary matters – suspended with pay whilst allegations were investigated – restrictions placed on work upon returning – applicant claimed the need to be paid the difference between average pay calculated on the basis of restricted work and average pay prior to restrictions being put in place – claimed that respondent should have chosen a 12 week period where no restrictions were imposed to calculate average salary – respondent claimed that shifts offered, reflected the needs of DHHS – respondent gave applicant a level of expectation of shifts and future work – Commission satisfied that DHHS had duty of care to residents and this must be paramount in allocation of work with residents – satisfied that Agreement does not guarantee casual employee particular shifts, types of duties or income – satisfied that DHHS is entitled to limit the shifts offered to applicant in the interest of running its organisation and meeting its broader obligations – applicant not entitled to a higher rate of pay during stand-down. Morag v Department of Health and Human Services
