Construction, Forestry, Maritime, Mining and Energy Union v Peabody CHPP Pty Ltd

The applicants, Construction, Forestry, Maritime, Mining and Energy Union, sought to deal with a dispute with Peabody CHPP Pty Ltd over alleged matters arising under the enterprise agreement and the National Employment Standards. The Fair Work Commission, acting under section 248 of the Fair Work Act 2009, was the tribunal before which the application was made. The legal issues before the Commission were whether the Commission had jurisdiction to deal with the dispute, and if so, whether the dispute fell within the Commission's conciliation and arbitration jurisdiction. The applicants argued that the Commission had jurisdiction to deal with the dispute, and that it fell within the conciliation and arbitration jurisdiction of the Commission. The respondents argued that the dispute was not within the jurisdiction of the Commission, as it was not a matter arising under an award or an enterprise agreement. The Commission found that it had jurisdiction to deal with the dispute, as it was a matter arising under the enterprise agreement and the NES. The Commission found that the dispute was within its conciliation and arbitration jurisdiction, as it was a matter that could be resolved by the Commission through conciliation or arbitration. The Commission made an order that the dispute be dealt with under the conciliation and arbitration jurisdiction of the Commission.