ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – jurisdiction – ss.604, 739 Fair Work Act 2009 – appeal – Full Bench –Commission held at first instance that it could arbitrate dispute in accordance with clause 32 of the CC P/L Enterprise Agreement 2012 (the Agreement) – grounds of appeal included that Commission ought to have found that it had power to mediate or conciliate under clause 32 irrespective of consent of the parties, but only had power to arbitrate with parties’ consent – Commission found that appeal raised important questions concerning construction and application of clause 32 of the Agreement in circumstances where Commission had determined that clause 32 did not limit Commission’s power – found this to be an important matter regarding Commission’s approach in making such a determination therefore, dispute arising in this case was a matter of public interest – Commission can only arbitrate a dispute with express agreement of the parties to that dispute – as clause 32 does not represent an agreement between the parties and there has been no other express agreement, clause cannot be construed so as to allow the Commission to arbitrate dispute – Full Bench held that Commission did not have jurisdiction to arbitrate dispute at first instance as there was no express agreement between parties – permission to appeal granted – appeal upheld – decision at first instance quashed. 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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