ENTERPRISE AGREEMENTS – approval – ss.185, 604 Fair Work Act 2009 – appeal – Full Bench – in decision at first instance the Commission approved the Sparta Mining Services P/L Enterprise Agreement 2016 with certain undertakings – First Appeal Decision [[2016] FWCFB 7057] concluded that question of whether respondent had complied with s.180(2) in relation to the industry codes of practice had not been dealt with – jurisdictional prerequisite in s.190(1)(b) of FW Act for the application were not fulfilled – additional factual matters emerged – three employees who voted upon Agreement were no longer employed by respondent – also employer now employed approximately 40 employees – gave ground that Agreement was not genuinely agreed to by employees – Full Bench ordered parties to adduce further evidence – respondent did not propose to lodge any further written submissions and did not wish to have the opportunity to make further oral submissions – appellant proposed that an enterprise agreement could only be approved of the requirements set out in the FW Act were satisfied – Full Bench found that the requirements of s.186(2)(a) had not been satisfied – rendered Agreement incapable of approval – Full Bench upheld appellant’s appeal – quashed the decisions of 5 July 2016 and 6 July 2016 – application for approval of Agreement dismissed. Appeal by Construction, Forestry, Mining and Energy Union against decisions of Spencer C of 5 July 2016 [[2016] FWC 3100] and 6 July 2016 [[2016] FWCA 4528] Re: Sparta Mining Services P/L (No 2)
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