CASE PROCEDURES – referral to Full Bench – ss.582, 615, 615A(2) Fair Work Act 2009 – application by National Tertiary Education Union (NTEU) to refer substantive application before single Member to a Full Bench – substantive application by Murdoch University to terminate Murdoch University Enterprise Agreement 2014 – s.615 of FW Act confers broad discretion on President – s.615A requires satisfaction of public interest for referral to a Full Bench – ss.577, 578 and 581 also relevant – NTEU submitted substantive application a test case in higher education industry and warranted referral – submitted substantive application by public sector employer would raise novel issues to enliven public interest – contended that number of affected and potentially affected employees would enliven public interest – further submitted would be more efficient to be heard by a Full Bench in order to limit further litigation – Commission held that contest between parties concerned application of relevant statutory provisions and not proper interpretation of provisions themselves – held that affecting a significant number of employees does not in itself enliven public interest – proposition of potentially affecting over 18,000 employees not supported by evidence – held that more efficient to have matter determined by single Member so that any subsequent appeal would be based on factual disputes – not satisfied in public interest to direct a Full Bench under s.615A to hear and determine substantive application – not persuaded to exercise discretion under s.582 to transfer application to a Full Bench – determined that fairness, efficiency and expedition of matter better served by single Member determining substantive application – application not granted. Murdoch University v National Tertiary Education Union
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