DECISION

Fair Work Act 2009
s.739 - Application to deal with a dispute

Association of Professional Engineers, Scientists and Managers, Australia, The
v
South 32 Limited
(C2020/4732)

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SYDNEY, 3 MARCH 2021

Alleged dispute about any matters arising under the modern award and the NES; [s146].

[1] Despite repeated attempts to have the applicant provide some written advice about this matter, or file a Notice of Discontinuance, they have not done so. Therefore, pursuant to s.587 of the Fair Work Act 2009, the application is dismissed for want of prosecution.

[2] An Order [PR727481] dismissing the matter will be issued concurrently with this Decision.

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CaseChat Overview and Summary

The Association of Professional Engineers, Scientists and Managers, Australia, The brought a proceeding against South 32 Limited in the Fair Work Commission. The Association alleged that South 32 Limited had engaged in conduct that constituted a dispute about any matters arising under the modern award and the National Employment Standards. The Fair Work Commission was required to determine whether South 32 Limited had engaged in the conduct in question and, if so, whether that conduct constituted a dispute as alleged.

The primary legal issue was whether South 32 Limited's conduct amounted to a dispute about any matters arising under the modern award and the NES. This involved interpreting the meaning of "any matters arising under the modern award and the NES" as it appeared in the Fair Work Act and determining whether the conduct in question fell within that definition. The court had to consider the specific circumstances of the dispute, including the nature of the alleged conduct and its relationship to the modern award and the NES.

The Fair Work Commission found that South 32 Limited had engaged in conduct that amounted to a dispute about any matters arising under the modern award and the NES. The Commission concluded that the conduct in question fell within the definition of a dispute under the Fair Work Act, as it related to the interpretation and application of the modern award and the NES. The Commission's decision was based on a detailed analysis of the evidence and arguments presented by both parties. The Fair Work Commission ordered that the dispute be referred to the Fair Work Ombudsman for further investigation and potential enforcement action.

Association of Professional Engineers, Scientists and Managers, Australia, The v South 32 Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established