ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – permission to appeal – ss.604, 739 Fair Work Act 2009 – Commission issued two decisions in relation to this matter: [[2015] FWC 6512] (2015 Decision) and [[2017] FWC 2583] (2017 Decision) – 2015 Decision concerned proposal by appellant to introduce a ‘trade operator model’ in its Hot Mills business, which involved tradespersons performing wider range of duties – Commission decided in 2015 Decision that proposal was safe, efficient and fair and that it could be ‘introduced immediately, on the understanding that a review will be undertaken by the FWC in relation to the operation of the new classification and rate of pay in April 2016’ – review did not occur in April 2016 – in 2017 Decision, Commission found that dispute proceedings were not concluded by 2015 Decision and that there was jurisdiction to conduct a review – appellant appealed on basis that Commission erred in finding it had power to conduct the review in accordance with 2015 Decision – Majority Full Bench did not consider it to be necessary in public interest or appropriate to grant permission to appeal on four grounds: that it would be entirely premature to do so as no exercise of arbitral power has occurred; that it would be doubtful the appeal had any practical utility; that the contemplated review was a fundamental part of 2015 Decision and therefore necessitated further stage in dispute proceedings; and that as the critical question was a complex one with broad implications, parties have not been afforded proper opportunity to advance full submissions in relation to appeal – appeal dismissed – Minority Full Bench unable to identify legal foundation to allow Commission to conduct review contemplated by 2015 Decision and held that authority of Commission to conduct review must derive from Agreement – held that error of jurisdiction enlivened public interest, would grant permission to appeal. Appeal by BlueScope Steel (AIS) Port Kembla against decision of Riordan C of 9 June 2017 [[2017] FWC 2583] Re: The Australian Workers’ Union and Ors
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