ENTERPRISE AGREEMENTS – approval – ss.186, 604 Fair Work Act 2009 – permission to appeal – Full Bench – at first instance the Commission approved the SESLS Industrial P/L Employee Black Coal Mining Industry Enterprise Agreement 2017 – agreement provided for casual employment where there is no provision in award – three grounds of appeal: that the Commission erred in failing to afford the appellant procedural fairness; Commission erred in finding that the Agreement satisfied provisions in s.186 of the FW Act; Commission erred in being satisfied the Agreement met the Better Off Overall Test (BOOT) and therefore erred in approving the agreement – Full Bench found that no practical injustice arose and took into account that the appellant is a sophisticated organisation and therefore was not denied an opportunity to develop its argument of whether it should be heard – the appellant’s concern about the agreement was that it allowed for the employment of production and engineering employees on a casual basis, whereas the Black Coal Mining Industry Award 2010 does not – Full Bench found that the Commission did not err in its application of the BOOT or decision to approve the agreement – the agreement incorporates the award, and guarantees employees will receive 1% more remuneration they would receive under the award – although casual engagement of production and engineering employees is not permitted under the award, it is under the agreement and affords a 25% loading – permission to appeal refused. Appeal by Construction, Forestry, Mining and Energy Union against decision of Lee C of 28 April 2017 [[2017] FWCA 2308] Re: SESLS Industrial P/L
…
