ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – ss.604, 739 Fair Work Act 2009 – permission to appeal – Full Bench – dispute about whether the respondent was required under clause 7 of the Port Kembla Coal Terminal Limited Enterprise Agreement 2012-2015 to commence consultation with the appellant and any affected employees in relation to the proposal under development to de-man respondent’s rail shed – decision at first instance concluded that the obligation to consult under clause 7 had not yet arisen as the proposal was not yet at the stage where it could be categorised as being under consideration by respondent – appellant contended that decision was attended by appealable errors of fact and law – Full Bench refused permission to appeal – at the date of the hearing of appeal respondent commenced engaging in consultation with the appellant in relation to the proposal – appellant therefore obtained the relief which it originally sought – appellant also submitted that decision expressed a general view about the proper interpretation of clause 7 – Full Bench found that the decision at first instance was primarily concerned with the factual circumstances at the time not with advancing a general interpretation of the agreement – after the decision was issued the Federal Court Full Court decision Port Kembla Coal Terminal Ltd v CFMEU was delivered which overtook the decision at first instance – agreement also passed its nominal expiry date and represented an opportunity to clarify the redrafting on clause 7 in future agreements. Appeal by Construction, Forestry, Mining and Energy Union against decision of Watson VP of 23 June 2016 [[2016] FWC 3852] Re: Port Kembla Coal Terminal Limited
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