ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – ss.604, 739 Fair Work Act 2009 – permission to appeal – Full Bench – at first instance the Commission dismissed the application for a dispute under Defence Enterprise Collective Agreement 2012-2014 – Commission determined appellant not entitled to excess travel time allowance after relocation – decision of majority – grounds of appeal wide ranging and included the nature of the dispute and the identity of the decision maker – majority found no merit in appeal grounds – findings at first instance either correct or reasonably open to Commission – appellant sought to admit fresh evidence – found no basis for granting permission to appeal – permission to appeal refused – decision of minority – dispute concerned a claimed entitlement by appellant to certain work travel-related benefits pursuant to provisions of the Department’s Workplace Relations Manual (WRM), the agreement, or both – dispute had two principal limbs concerning appellant’s claimed entitlement to: (a) compensation, pursuant to provisions in the WRM or agreement, or both, for the additional time and expense incurred due to what he contended was a temporary relocation; and (b) the benefit, on an equal footing with other employees, to relocation assistance to employees affected by changes to the Defence Support Operations New Operating Model and the related Staff Transition Plan – held that the Commission did not appear to have considered the second limb of the dispute at first instance – appeal challenged the decision concerning the first limb of the dispute – Wan considered – minority would grant permission to appeal, admit the additional material and quash the decision at first instance. Appeal by Bebawi against decision and order of Johns C of 19 January 2016 [[2016] FWC 364] Re: Commonwealth of Australia (as represented by the Department of Defence)
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