CASE PROCEDURES – appeals – grounds of appeal – s.604 Fair Work Act 2009 – Full Bench – decision at first instance found employees of respondent employer better off overall under ALDI Regency Park Agreement 2015 (the Agreement) – appellant union lodged notice of appeal against first instance decision – matter adjourned pending result of concurrent Federal Court proceedings – Federal Court decision subsequently handed down quashing decision of related Full Bench and first instance decision – appellant sought leave to amend grounds of appeal – Full Bench noted fact that respondent applied for special leave to High Court which was granted on 8 March 2017 – matter before Full Bench whether leave should be granted to amend grounds of appeal – appellant relied on Federal Court ruling in SDA v ALDI – contended additional ground of appeal concerned legal capacity and jurisdiction of Commission to approve the Agreement – in the event that respondent’s appeal to High Court dismissed additional ground of appeal would be dispositive of appeal in present matter in appellant’s favour – raising of additional ground explicable by reason of decision of Federal Court – Full Bench considered various factors noted by White J in support of construction that change in tense in the FW Act (as between ss.172 to 181 and ss.186 to 188) meant that, at time of approval, there must be some employees actually covered by the Agreement – Full Bench also noted respondent did not oppose application to join additional ground of appeal – appellant granted leave to amend grounds of appeal. Appeal by Shop, Distributive and Allied Employees Association against decision of Bull DP of 5 April 2016 [[2016] FWCA 2028] Re: ALDI Foods P/L as General Partner of ALDI Stores (A Limited Partnership)
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