ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – application by The Australian Workers’ Union (AWU) to deal with dispute in accordance with dispute settlement procedure in The Alcoa World Alumina Australia WA Operations AWU Enterprise Agreement 2014 (Agreement) – dispute concerned Alcoa’s decision to dismiss Mr Linning following allegation that he intentionally damaged a Collision Avoidance System (CAS) screen, amounting to serious misconduct – application concerned dispute in relation to interpretation and application of clause 18 of Agreement – clause 18 of Agreement contained disciplinary procedure and imposed obligation on Alcoa to apply and implement all disciplinary action in a ‘fair and reasonable manner’ – Commission held it was not fair and reasonable for Alcoa to conclude that Mr Linning was responsible for any or all of the damage to CAS Screen or CAS Mount or, to extent that he did damage the CAS, that it occurred in circumstances which could only have constituted misconduct warranting dismissal. The Australian Workers’ Union v Alcoa of Australia Limited t/a Alcoa World Alumina Australia
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