ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – decision concerning form of orders to be issued in relation to matter of Metropolitan Fire and Emergency Services Board v Garth Duggan and the United Firefighters’ Union of Australia [[2016] FWC 5028] – that decision dealt with question of whether there was any impediment arising from enterprise agreement to applicant implementing decision to terminate employment of a recruit firefighter – decision of Commission extended probationary period of recruit, required disclosure of criminal history and arrests, and required written warning to be issued to recruit – applicant indicated intention to appeal decision, but requested Commission proceed to determine the matter of orders prior to Full Bench hearing application to appeal substantive decision – parties had been directed to confer on form and substance of orders and seek to arrive at a consent position – differences in orders sought were minimal – applicant sought order in permissive rather than mandatory terms, so that it wasn’t forced into action pending resolution of its application to appeal – respondent sought order in mandatory terms – respondent submitted applicant was seeking the effect of a stay order – Commission satisfied no impediment to permission orders exists – applicant submitted it was not possible for recruit to re-join training process, and that it was only possible for recruit to start training again from the beginning – respondent submitted the recruit was able to take up training where he left it – Commission satisfied length of probation should be the later of a specified date and the time he completes the training course – orders to be issued. Metropolitan Fire and Emergency Services Board v Garth Duggan and the United Firefighters’ Union of Australia
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