CASE PROCEDURES – appeals – person aggrieved – s.604 Fair Work Act 2009 – appeal against decision to approve the FES Coal P/L Greenfields Agreement 2018 (approval decision) – FES Coal applied to have notice of appeal dismissed – FES application supported by CFMMEU – whether appellant is a ‘person aggrieved’ by approval decision – ‘person aggrieved’ capable of extending beyond persons whose legal interest are affected by decision in question – mere intellectual or emotional concern not enough – time for determining standing not fixed but depends on the circumstances – appellant is not, and has never been, an employee of FES or covered by the relevant agreement – was not involved in negotiations for agreement – not a representative of other persons affected – no suggestion that agreement operated to restrain appellant’s legal rights – no basis for concluding appellant has legitimate interest in ensuring Commission acts within its jurisdiction distinct from that of those directly affected by approval decision – appellant has no relevant interest beyond that of ordinary member of the public – appellant did not have standing – appeal incompetent – appeal dismissed. Appeal by Shorey against decision of Kovacic DP of 13 August 2018 [[2018] FWCA 4749] Re: FES Coal P/L; Construction, Forestry, Maritime, Mining and Energy Union
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