ENTERPRISE AGREEMENTS – approval – ss.185, 186, 604 Fair Work Act 2009 – appeal – Full Bench – CFMEU appealed Commission decision to approve Enterprise Agreement – CFMEU grounds of appeal were that Commission erred in being satisfied that respondent met the relevant pre-approval steps – that the Agreement was genuinely agreed to – that the Agreement met the Better Off Overall Test (BOOT) – that the Agreement did not contain any unlawful terms – Full Bench required to grant permission to appeal if satisfied in the public interest to do so – GlaxoSmithKline considered – Full Bench found Commission erred in being satisfied the Agreement met the BOOT – for other grounds of appeal permission to appeal not granted – CFMEU submitted the Commission could not have been satisfied Agreement met BOOT as wages rates in Agreement included the all-purpose allowance payable under Mining Industry Award (Award) meant rates in Agreement were lower than in the Award – respondent submitted the BOOT is not a line by line comparison – further submitted there were a number of other favourable terms in Agreement in comparison to Award including other allowances – Full Bench considered Armacell Australia – considered whether there were other beneficial terms that may offset diminution of rates of pay by absorption of industry allowance into wages – Full Bench found slight increases in allowances in Agreement did not balance out loss of industry allowance in Award as allowances in Agreement only applied to specific functions – found Agreement incapable of passing BOOT because failure of jurisdictional prerequisite for approval – permission to appeal granted – appeal upheld – decision quashed – matter remitted for redetermination. Appeal by Construction, Forestry, Mining and Energy Union against decision of Gregory C of 17 January 2017 [[2017] FWCA 325] Re: TR Construction Services P/L
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