ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – applicant suspended from duty without pay for seven days by respondent – applicant raised a dispute under Aurizon (Western Australia) Rail Operations Enterprise Agreement 2014 (the Agreement) – applicant sought a declaration that the disciplinary measure was unfair, unreasonable and harsh in the circumstances; an order that the he be reimbursed for losses arising from the disciplinary measure; and any other orders the Commission deemed appropriate – respondent objected to Commission arbitrating dispute on the ground that the relief sought was beyond the Commission’s jurisdiction, as the relief sought would involve trespassing on respondent’s right under the agreement to discipline its staff – applicant submitted application was within Commission’s jurisdiction as the Agreement permits the Commission to ‘make a determination that is binding on the parties’ and s.739(4) FW Act authorises the Commission to exercise this power and make any order is considers appropriate – s.739(5) FW Act states that the Commission ‘must not make a decision that is inconsistent with…a fair work instrument that applies to the parties’ – Commission satisfied that a decision to arbitrate the matter and uphold the applicant’s case would involve a reversal of the respondent’s suspension of the applicant, which would be inconsistent with the Agreement – Commission satisfied it had no power to arbitrate matter – application dismissed. Lloyd v Australian Western Railroad P/L t/a ARG an Aurizon Company
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