ENTERPRISE AGREEMENTS – approval – ss.183, 185, 604 Fair Work Act 2009 – permission to appeal – Full Bench – appeal against decision to include note in decision approving Groote Eylandt Mining Company Enterprise Bargaining Agreement 2015 that CFMEU covered by agreement – appellant submitted that Commission erred on basis that CFMEU did not give employee written notice stating that they wanted to be covered – Full Bench considered whether Commissioner erred by including CFMEU – found appellant put on notice and used opportunity to object to coverage – held that upon receiving application, Commission listed matter for eHearing and advised parties if they wished to be heard, they should contact Commission prior to eHearing – whether in public interest to grant permission to appeal – Full Bench found appeal raised question of jurisdiction as to whether Commission exceeded jurisdiction in noting coverage of CFMEU in circumstances where jurisdictional pre-condition not met – appeal also raised question as to whether Full Bench decision in RotoMetrics correctly decided and should be applied – appellant contended decision in RotoMetrics correctly decided and should have been followed by Commissioner – CFMEU contended decision in RotoMetrics wrongly decided – Commission generally follows Full Bench authority on the ‘issues to be determined, in the absence of cogent reasons for not doing so’ [Cetin v Ripon P/L t/a Parkview Hotel] – Full Bench found reconsideration of Full Bench authority a serious step to be taken and only taken in relation to decision concerning statutory construction where decision is patently in error or has produced unintended or irrational consequences – Full Bench found in public interest to grant permission to appeal – found that cogent reasons to reconsider authority in RotoMetrics and apply s.183(2) of FW Act as natural justice requirement affording employer to resist coverage of organisation – Full Bench found that an appeal to remove employee organisation from s.201 note in decision would only arise where Commission not satisfied that an organisation was not bargaining representative – appeal dismissed. Appeal by Groote Eylandt Mining Company P/L t/a South32 GEMCO against decision of Gregory C of 5 February 2016 [[2016] FWCA 792] Re: Construction, Forestry, Mining and Energy Union
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