MODERN AWARDS – dispute about matter arising under award – ss.604, 739 Fair Work Act 2009 – appeal – Full Bench – appeal against decision regarding dispute concerning long service leave (LSL) entitlements – appellant dismissed and applied to Coal Industry Long Service Leave Corporation to access LSL entitlements on basis he was retrenched – denied access to LSL – respondent contended dismissed for reasons not including redundancy – application dismissed at first instance for jurisdictional reasons – appellant submitted Commission erred in exercising powers judicial in nature and ignored original evidence – Full Bench found Commission had jurisdiction to deal with matter under s.39D of Coal Mining Industry Long Service Leave Act 1992 (CLSL Act), not dispute resolution clause under Black Coal Mining Industry Award 2010 – in relation to original evidence, appellant argued Commission did not take into account termination letter; retrenched to make way for new water carts, and position not filled following termination – Full Bench found Commission did consider letter but respondent’s evidence more convincing on this point – Commission’s analysis of water carts correct – new equipment on site does not establish retrenchment – conclusion that rosters and fact that position may have been filled by existing employee does not establish retrenchment a reasonable conclusion based on material – no error by Commission – appellant dismissed for reasons not including redundancy – no entitlement under CLSL Act – original application dismissed. . Appeal by Cowley against decision of Asbury DP of 25 August 2015 [[2015] FWC 2024] Re: Dust-A-Side Australia P/L
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