CASE PROCEDURES – stay order – ss.595, 606 Fair Work Act 2009 – appeal – application for stay of Decision Commission regarding whether enterprise agreement limits jurisdiction of Commission to arbitrate dispute – in Decision, Commission concluded parties empowered Commission to exercise any method of dispute resolution permitted under enterprise agreement – Commission satisfied appellant raised important questions concerning application and construction of ss.595 and 739 FW Act – satisfied arguable case for appeal with some reasonable prospect of success – further matter involving parties before Asbury DP – appellant submitted no steps to delay matter before Asbury DP would be taken if stay granted – this concession critical in considering balance of convenience in granting stay – stay granted. Appeal by CC P/L t/a Cook Colliery against decision of Spencer C of 13 March 2017 [[2017] FWC 1447] Re: Construction, Forestry, Mining and Energy Union
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