ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – Commission issued recommendation regarding dispute arising under Pacific National Coal NSW Enterprise Agreement 2013 (Agreement) – concerned restructure of Plan Delivery Section in respondent’s Hunter Valley operations – 10 occupants of former roles required to undergo competitive selection process as part of organisational restructure – four existing employees unsuccessful and faced redundancy – applicant contended respondent should have filled new roles by direct appointment in accordance with clause C2.4 of Agreement – Commission of view applicant’s reliance on clause C2.4 was misplaced – furthermore, Commission of view applicant was incorrect in assuming that employees should have automatically been appointed to new roles – Commission satisfied there was no utility or purpose in making recommendation/s sought by the applicant – dispute concluded. Australian Rail, Tram and Bus Industry Union v Asciano Services P/L t/a Pacific National
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