ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – ss.604, 739 Fair Work Act 2009 – permission to appeal – Full Bench – appeal by BlueScope Steel Limited (BlueScope) against decision of Commission – originating dispute concerned BlueScope’s proposal to use employees of external labour hire contractor to meet short-term spike in orders – in first instance Commission decided it cannot be satisfied that use of contractors was in accordance with cl.13 of BlueScope Steel Western Port Enterprise Agreement 2014-2017 (Agreement) – BlueScope submitted three grounds for appeal – first, no restriction in cl.13 of Agreement on capacity to use contractors – second, if cl.13 interprets a restriction, it is invalid and of no use – ss.172(1), 253(1)(a) of FW Act – third, Commission erred in construction of cl.13.1.1 in two respects – permission to appeal sought – original decision wrong and caused substantial injustice – AWU submitted conclusion in paragraph [18] of original decision correct – submitted original decision was not attended by enough doubt to warrant grant of appeal – submitted appeal should be dismissed as no appealable error demonstrated – Full Bench considered cl. 13 of Agreement – NTEU v La Trobe University and Reeves v MaxiTRANS cited – Full Bench accepted that cl.13 of the Agreement did not contain restriction on use of contractors – agreed that Commission erred in the two respects identified – permission to appeal granted – appeal upheld – originating decision quashed – dispute referred back to Commissioner for resolution in accordance with appeal decision. Appeal by BlueScope Steel Limited t/a BlueScope against decision of Ryan C of 5 May 2017 [[2017] FWC 2260] Re: The Australian Workers’ Union
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