ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – ss.595, 738, 739 Fair Work Act 2009 – s.39D Coal Mining Industry (Long Service Leave) Administration Act 1992 – the Coal Mining Industry Long Service Leave Administration Act 1992 (Cth) (Coal LSL Act) establishes a portable long service leave scheme which enables eligible employees to carry separate periods of qualifying service across to other employers in the black coal mining industry and provides for a fund which reimburses employers for long service leave payments made to eligible employees – s.39D of the Coal LSL Act empowers the Commission to deal with disputes relating to long service leave, by operating in certain ways upon the dispute settling functions and powers of the Commission under the FW Act – applicant was an employee of the respondent from 26 August 2010 until 18 March 2016 when he was dismissed – applicant sought that the Commission make a recommendation or express an opinion in relation to the question of whether the respondent is required to pay him his long service leave in accordance with the express power of the Commission under s.595(2)(b) of the FW Act – respondent objected to the application and submitted that the Commission should exercise discretion and decline to deal with the dispute – Commission does not have the power under the Coal LSL Act to deal with a dispute by arbitration on the basis that the respondent does not consent to arbitration – applicant had not met the required period of qualifying service (eight years) to be entitled to long service leave as a benefit on termination – found an inappropriate use of Commission’s powers and functions to deal with dispute where factual scenario involves non-parties – decision to exercise discretion to refuse to deal with the dispute – application dismissed. Renton-Power v Batchfire Callide Management P/L
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