ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – ss.604, 739 Fair Work Act 2009 – permission to appeal – Full Bench – decision at first instance dealt with a jurisdictional objection raised by James Cook University (University) re the National Tertiary Education Industry Union (NTEU) had no standing to bring a dispute to the Commission under cl 44(b) of the James Cook University Enterprise Agreement 2016, as it was either not a party to the agreement or it was not appointed as the representative of any employee – University also contended 17 April 2018 meetings re notifications of redundancy and 19 April 2018 NTEU dispute notice regarding the 18 April 2018 ‘change proposal’ were separate matters requiring separate authorisation under the agreement – Full Bench found appeal had no practical utility as the dispute over the 18 April 2018 change proposal was resolved – also no issue of correct interpretation of the agreement arose as it was accepted the NTEU was acting in the capacity of a representative of affected employee under clause 44(c) – Full Bench also found NTEU representation of employees at the 17 April 2018 meetings also related to the dispute raised by NTEU on 19 April 2018 – permission to appeal refused. Appeal by James Cook University against decision of Booth C of 5 June 2018 [[2018] FWC 3282] Re: National Tertiary Education Industry Union
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