ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – application to deal with dispute under Transfield Services Limited (Maintenance Services – Wyee) Collective Agreement 2011-15 – applicants claimed entitlement to long service leave under the Coal Mining Industry (Long Service Leave) Administration Act 1992 and submitted dispute related to what their long service leave entitlements are under agreement – Broadspectrum submitted Commission did not have jurisdiction to arbitrate dispute – whether Commission has jurisdiction to arbitrate dispute – Commission found necessary to look at text of dispute settlement procedure in agreement, understood in light of industrial context and purpose, to determine whether dispute, properly characterised, falls within it – Commission found dispute resolution procedure related to any dispute connected with workplace and dispute between applicants and Broadspectrum, properly characterised, was within scope of disputes which may be dealt with under clause – Commission exercising powers of private arbitration conferred under agreement, not judicial power – Commission satisfied assuming preliminary steps in dispute procedure undertaken, Commission has jurisdiction to arbitrate the dispute – dispute to proceed to arbitration. Brown and Anor v Broadspectrum Limited
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