INDUSTRIAL LAW - Fair Work Act 2009 (Cth), s 340(1) - appeal of primary judge's holding that adverse action was taken because of the exercise of a workplace right - where respondent employee refused a direction to 'upgrade' and perform the work of a higher grade - where appellant employer dismissed the employee for reasons including the employee's refusal to upgrade - whether primary judge erred in construing the applicable enterprise agreement as providing the employee a workplace right to refuse to upgrade - the enterprise agreement authorised the employer to require an employee to perform work within the employee's recognised competency and for which the employee was appropriately skilled - the employee had no workplace right to refuse to upgrade - appeal allowed
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