ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – application to deal with a dispute in accordance with the Dendrobium Mine Enterprise Agreement 2015 – dispute regarding personal leave entitlement – respondent agreed to resolve the matter and pay the employee in accordance with the primary remedy sought – CFMEU argued that the parties remained in dispute about the operation of clause 13 of the Agreement and the dispute was still very much alive – respondent submitted that the matters in dispute were significantly different to dispute and relief sought in original application – argued that the relief sought by CFMEU amounted to declarative relief which had not been raised prior to the hearing – contended the Commission would be acting beyond the power afforded to it under clause 6 of the Agreement in dealing with the matter – respondent argued that it was not appropriate for the application to be used as a vehicle to pursue broader industrial issues relating to the operation of clause 13 or disputes relating to other members – Commission found that dispute was confined to the particular circumstances of the employee and his entitlement to be paid particular shifts on specific dates – Commission was persuaded by respondent’s submission that there was a fundamental natural justice consideration in not dealing with a dispute in circumstances where it has changed significantly from the dispute described and the relief sought in the application – found that as respondent agreed to pay the disputed shifts, dispute was resolved – noted there was nothing preventing CFMEU from making a further application if any dispute remained unresolved. Construction, Forestry, Mining and Energy Union v Dendrobium Coal P/L
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