CASE PROCEDURES – appeal s- ss.186, 604 Fair Work Act 2009 – appeal – Full Bench – application for permission to appeal against decision of Fair Work Australia in 2010 to approve Scaffolding P/L/CFMEU Collective Agreement (ACT) 2010-2012 (Agreement) – applicant submitted agreement not genuinely agreed to – applicant submitted that Commission had been misled as to facts, as employer’s declaration incorrect and obtained via improper means, and that Agreement should never have been approved – notice of appeal must be filed approximately four years and eleven months after decision – extension of time required – permission to appeal required – permission to appeal must be granted if appeal is in public interest – applicant currently defending proceedings in Federal Circuit Court of Australia concerning breaches of Agreement alleged by respondent – powerful public interest considerations exist as to why extension of time should not be granted – to allow employer who has previously made or supported an application for approval of an agreement to appeal the agreement’s approval after the employer has been subject to court proceeding alleging breach of that agreement would tend to undermine the stability of whole system of enterprise agreements – Commission of the view that granting extension of time and permission to appeal would prejudice respondent, as witnesses on both sides would no longer have a recollection of key events – respondent’s capacity to defend appeal has been unfairly compromised – Commission not satisfied that applicant was unaware of employer’s declaration and its purpose at the time Agreement approved – extension of time refused – application for permission to appeal dismissed. Appeal by MPR Scaffolding P/L t/a MPR Scaffolding against decision of Cartwright SDP of August 2010 [[2010] FWAA 6435] re: Construction, Forestry, Mining and Energy Union.
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