ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – ss.400, 604 Fair Work Act 2009 – Full Bench – permission to appeal – application to appeal decision of Commission dealing with dispute arising under Bluescope Steel Port Kembla Steelworks Agreement 2015 – dispute whether Refractory Installers and Refractory Installation Bricklayers employed by respondent were entitled to Hot Work Allowance and Height Allowance – appellant contended Commission at first instance had little regard to plain and ordinary meaning of clauses relating to Hot Work Allowance (9.1.2) and Height Allowance (9.3.1) – respondent submitted no appellable error – the task of assessing if public interest test is met is a discretionary one involving a broad value judgment [Coal & Allied] – it will rarely be appropriate to grant permission to appeal unless an arguable case of appealable error is demonstrated [Wan] – Full Bench found Commission had regard to principles elicited in Golden Cockerel – appellant submitted Commission erred in finding Refractory Installers and Refractory Installation Bricklayers employed by respondent were not entitled to Hot Work Allowance or Height Allowance – Full Bench found objects of relevant allowances discussed at paragraphs [14]-[15] of first instance decision – context and purpose of Agreement considered in line with orthodox approach – appellant also submitted that Commission erred in finding that Hot Work Allowance and Height Allowance were ‘rolled up’ in 38 hour weekly rates – Full Bench found Commission had regard to 1995 BHP Refractory Employees Award Decision per Hungerford J in concluding allowances were ‘rolled up’ – found Commission entitled to have regard to surrounding circumstances, including relevant history, in making first instance decision [Golden Cockerel] – Full Bench not satisfied arguable case of error in relation to any ground of appeal nor public interest in granting permission to appeal – permission to appeal refused. Appeal by Construction, Forestry, Mining and Energy Union – Construction and General Division against decision of Riordan C of 7 November 2016 [[2016] FWC 7842] Re: Bluescope Steel (AIS) P/L t/a Bluescope Steel
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