ENTERPRISE BARGAINING – scope order – ss.185, 238, 604 Fair Work Act 2009 – appeal – Full Bench – at first instance the Commission dismissed the AMWU’s application for a scope order as it was found that bargaining had not commenced – appeal on grounds that Commission erred in determining that an agreement had been made following 2017 vote as there was no valid request for vote in accordance with s.182(2) of the FW Act – grounds for appeal also included that even if an agreement had been made, engagement in bargaining had commenced as a result of correspondence from Broadspectrum – decision of Full Bench majority – considered whether 2017 vote to approve proposed agreement resulted in agreement being made in accordance with s.182(1) – Uniline considered – found notice of employee representational rights had not been issued to each employee who would be covered by the proposed 2017 agreement – held Commission erroneously found that no bargaining was occurring and AMWU application was not considered in accordance with FW Act – Full Bench majority found that bargaining was occurring – permission to appeal granted – appeal upheld – decision at first instance quashed – application remitted to Asbury DP for rehearing – decision of Full Bench minority – found no appealable error in dismissal of AMWU’s application – would grant permission to appeal and dismiss the appeal. Appeal by Australian Manufacturing Workers’ Union against decision of McKinnon C of 4 July 2018 [[2018] FWC 3974] Re: Broadspectrum (Australia) P/L
…
