ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – dispute concerning eligibility for excess travel time entitlements under clause F2.12 and F.2.13 of the Defence Enterprise Collective Agreement 2012-2014 – applicant claimed he was not compensated appropriately for excess travel time and payment of excess fares related to reassignment of duties including physical relocation of place of work – issue in dispute whether relocation temporary – if temporary, eligibility criteria for allowance satisfied – Commission found no express use of ‘permanent or ‘temporary in documents provided to applicant – relocation decision must be construed having regard to the events leading up to it – decision maker’s primary motivation was to resolve dysfunctional working relationship between applicant and another employee – no evidence decision maker deciding on a temporary fix – applicant’s conduct in objecting to relocation and seeking two reviews of decision showed applicant under no illusion that relocation other than permanent – Commission satisfied that decision to relocate applicant not of a temporary nature – nature of duties did not make reassignment temporary – applicant not entitled to excess travel time allowance in agreement – application dismissed. Bebawi v Australian Government t/a Department of Defence
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