ENTERPRISE BARGAINING – majority support determination – ss.236, 604 Fair Work Act 2009 – appeal – Full Bench – at first instance the Commission granted the AWU’s application for a majority support determination – grounds of appeal addressed the ‘fairly chosen’ and ‘distinctiveness’ issues in ss.237(2) and (3A) of the FW Act – appeal can only be granted if ‘an arguable case of appealable error is demonstrated’ – Full Bench granted permission to appeal on public interest grounds – held appeal raised important questions concerning the application of ss.237(2) and (3A) – by treating performance of different role, skill, task or function as operational distinctiveness Commissioner acted on a wrong principle [House v The King] or alternatively, ‘misdirected himself in law’ [Buck v Bavone] – permission to appeal granted – appeal upheld – Decision and Determination quashed – Full Bench intend to make a further Decision re-determining the application for a majority support determination as provided in s.607(3)(b) if the AWU seeks to pursue the application. Appeal by QGC P/L against decision of Simpson C of 24 October 2016 [[2016] FWC 6671] Re: The Australian Workers’ Union
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