ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – applicant claimed payment of stand-by allowance as set out in clause 29.5 of the Victorian Public Service Workplace Determination 2012 (2012 Determination) – applicant also contended he was entitled to allowance under the Victorian Public Service Agreement 2006 (2009 Agreement) – respondent raised jurisdictional objection regarding the 2009 Agreement, however, Commission determined there was no necessity to deal with objection as applicant was not eligible to be paid the allowance under the 2009 Agreement – Commission then left to determine if applicant entitled to allowance in accordance with 2012 Determination – applicant submitted his performance as backup to the Stand-by Officer met the requirements of a stand-by employee contained in the 2012 Determination – respondent submitted that the applicant failed to satisfy the criteria under the 2012 Determination to be entitled to the stand-by allowance – Commission determined applicant was not an employee who was on a stand-by roster established by the employer and therefore was not eligible to receive stand-by allowance – application dismissed. Lane v Department of Health and Human Services
