ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – consultation – s.739 Fair Work Act 2009 – alleged disputes under the Aged Care Services Australia Group P/L, ANMF and HWU (Victoria) Enterprise Agreement 2017 – disputes relate to an allegation that Japara had failed to properly consult with employees regarding the introduction of roster and staffing changes at its Central Park and Goonawarra facilities – interim orders sought by the ANMF would prevent the implementation of the new rosters and would require Japara to consult with the ANMF – Japara argued that there had been no attempt by the ANMF to resolve the matter in the way contemplated in the dispute resolution procedure – MC Labour Services considered – reference to the Commission is only possible at the point that ‘all agreed steps for resolving it have been taken’ and, that arbitration on the part of the Commission can only occur after endeavours by the Commission to resolve the dispute through mediation and/or conciliation have taken place – Commission satisfied that it does not have the requisite jurisdiction in relation to either alleged dispute – application for interim orders refused. Australian Nursing and Midwifery Federation v Japara Healthcare Limited t/a Japara Healthcare / Better, in every respect and Anor
