ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – ss.604, 739 Fair Work Act 2009 – permission to appeal – Full Bench – at first instance the Commissioner determined he had no jurisdiction to further deal with an application (October 2013 application) lodged by the appellant under the dispute resolution procedure in the North Goonyella Underground Mine Collective Enterprise Agreement 2012 related to compulsory redundancies – no jurisdiction for Commission to deal with a dispute pursuant to a dispute resolution procedure in an enterprise agreement if the dispute in initiated under the procedure at a time when the persons who are said to be in dispute with the employer are in fact no longer employed – the October 2013 application was dismissed – in the decision the Commissioner indicated he would list a related s.739 application lodged by the appellant (August 2013 application) for the Commission to deal with a dispute with North Goonyella for further hearing – in this appeal the appellant contended that the Commissioner erred in determining there was no jurisdiction to continue to deal with the October 2013 application – August 2013 application will not proceed to the further hearing until appeal determined – Full Bench determined to refuse permission to appeal for two reasons: first, they were satisfied that the Commissioner’s conclusion on the issue of jurisdiction was correct and, second, they considered that in any event the appeal lacked practical utility – little that would be achieved by granting permission to appeal – permission to appeal refused. Appeal by Construction, Forestry, Mining and Energy Union against decision of Lewin C of 15 May 2015 [[2015] FWC 1138] Re: North Goonyella Coal Mines P/L
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