ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – conversion – s.739 Fair Work Act – dispute concerns application cl.59.5 Murdoch University Enterprise Agreement 2014 – jurisdiction not in contention – cl.109 dispute settlement procedure provides for Commission to arbitrate – applicant employed over four years on four fixed term contracts, with two extensions – agreement allows for conversion to continuing employment after three years – employer submitted conversion process a two-step process – depends on which provision of agreement the fixed term contract is made – Commission considered purpose of conversion clause was to minimise use of fixed term contract – found employee employed under cl.59.5(a) for specific task or project – contract extension extended the contract, it did not vary or replace it – given purpose of cl.59.5 if conversion was not intended to apply to people employed under subclause (a) this would have been clearly stated – no prohibition in subclause – Commission held employee eligible to make application for conversion to continuing employment – application should be considered at time application made and contract employee was on at that time – employee should not be disadvantaged by delay in having application properly considered by employer. Hayes v Murdoch University
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