ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – jurisdiction – s.739 Fair Work Act 2009 – two enterprise agreements applied to work at prison project, the Entire Mechanical Services P/L and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2015-2019 (the Mechanical Services Agreement) and the Entire Fire Protection P/L and CEPU – Plumbing Division (Vic) Fire Protection Agreement 2015-2019 (the Fire Protection Agreement) – dispute resolution procedure in both agreements provided that decisions of Victorian Building Industry Disputes Panel (VBIDP) could be referred to Commission for review and Commission could exercise conciliation and/or arbitration powers – VBIDP decided on dispute over payment of employees for period of work stoppage – applicants referred decision for review by Commission – parties in dispute over scope of review – applicants submitted review would be hearing de novo – CEPU submitted review would be appeal – Commission previously held that review means hearing de novo [CDK Commercial Construction P/L] – agreements must be looked to for meaning of wording – relevant that parties did not use word ‘appeal’ – term ‘review’ not defined but meaning ascertainable from agreements – Commission satisfied parties intended rehearing – agreements provided for conciliation and empowered Commission to make formal binding determination after parties had been heard on ‘matters in dispute’ – nothing in language limited dispute to one about correctness of VBIDP’s decision – agreements also referred to Commission only having regard to materials put before it at hearing – language did not suggest Commission was limited to consideration of material before VBIDP subject to right to call new evidence – if parties had wished to limit Commission’s role they could have entered into agreements providing for such limitation and they did not – Commission invited parties to request conciliation – if no agreement regarding usefulness of conciliation, matter would be set down for hearing and determination. Entire Mechanical Services P/L and Anor v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
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