ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – ss.604, 739 Fair Work Act 2009 – appeal – Full Bench – appellant employed as Locomotive Driver – passed signal at red and was subject to disciplinary action by respondent – appellant lodged application for Commission to deal with dispute arising under the Aurizon (Western Australia) Rail Operations Enterprise Agreement 2014 (Agreement) disputing nature and extent of the disciplinary action – Commission at first instance held any determination that would reverse or alter disciplinary action taken would be inconsistent with the Agreement and s.739(5) of the FW Act – appellant contended Commission’s construction of s.739(5) was erroneous and the provision did not oust the Commission’s jurisdiction to deal with disputes – Commission will grant permission to appeal only if it is in the public interest to do so – GlaxosmithKline applied – Full Bench satisfied appeal raised important questions concerning application of s.739(5) – permission to appeal granted – s.739(5) does not alter the character of the arbitration which the Commission undertakes under an enterprise agreement [Endeavour Energy] – held provision did not limit Commission’s jurisdiction in dealing with a dispute about the terms of an agreement but may impact on the nature of remedy – found Commission at first instance had jurisdiction to deal with dispute – appeal upheld – first instance decision quashed – matter remitted to Williams C for determination. Appeal by Lloyd against decision of Williams C of 12 August 2016 [[2016] FWC 5568] Re: Australia Western Railroad P/L t/a ARG an Aurizon Company
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