INDUSTRIAL DISPUTE – stand down – jurisdiction – ss.524, 526 Fair Work Act 2009 – application to deal with a dispute involving stand down – applicant employed as a childcare assistant – stood down on full pay following allegations of serious misconduct in April 2015 – applicant’s Working With Vulnerable People (WWVP) registration suspended and applicant suspended without pay in July 2015 via letter stating suspension in accordance with s.524(1) of FW Act – conditional WWVP registration later granted – application under s.526 lodged seeking orders including compensation for lost wages from July 2015 – respondent contended it erroneously referred to s.524(1) in letter and that it rather stood applicant down pursuant to an express contractual power, thus application could not be dealt with under s.526 – further submitted Commission did not have jurisdiction because applicant no longer employed by respondent – Commission found it had jurisdiction to deal with application as applicant employed by respondent at time application made [Ensign] – letter to applicant unambiguous in its reliance on s.524(1) – by purporting to suspend applicant under s.524(1), respondent enlivened Commission’s jurisdiction to deal with an application made in accordance with s.526 – Commission found that while no basis under s.524(1) or contract of employment for respondent to suspend applicant without pay, there may have been a basis relying on the implied term of ‘no work no pay’ for at least the duration of the suspension of WWVP registration [Watson] – Commission declined to make order for payment of lost wages as would involve enforcement of a past right, beyond its jurisdiction [Ensign] – declined to make order that respondent return applicant to position as accepted that respondent could not accommodate supervision condition attached to conditional WWVP registration. Isturiz-Moron v Northside Community Service Limited
