CASE PROCEDURES – stay order – ss.237, 604 Fair Work Act 2009 – appeal – at first instance Commission granted Union’s application under s.236 of FW Act and issued majority support determination (Determination) – employer appealed and sought stay of Determination – to grant stay, Commission must be satisfied that there is an arguable case, with some reasonable prospects of success, regarding leave to appeal and substantive merits of appeal; and that balance of convenience favours stay [Kellow-Falkiner Motors P/L v Edghill] – Commission held that grounds of appeal concerning s.237(d) of FW Act, if successfully made out, could provide basis for allowing appeal – found arguable case with some reasonable prospects of success regarding leave to appeal and merits of appeal – balance of convenience favoured granting stay as Commission unable to conclude employer would not suffer disadvantage if decision not stayed – stay order appropriate – first instance decision and Determination stayed pending hearing of appeal. Appeal by Blue Lake Milling P/L against decision of Ryan C of 18 August 2016 [[2016] FWC 5857] Re: National Union of Workers
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