ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – ss.604, 739 Fair Work Act 2009 – permission to appeal – Full Bench – initial matter filed by AWU, which was intervened by AMWU in resolving a dispute under the Bluescope Steel Port Kembla Steelworks Agreement 2015 (the Agreement) – at first instance the Commission found BlueScope had not complied with the introduction of change process contained in clause 35.2 of the Agreement – Commission determined the consultation process for the maintenance employees was not fair, comprehensive or genuine – recommended parties return to consultation process regarding proposed changes – appellant contended the Commission did not have the power to prevent or halt the decision to introduce changes only the power to arbitrate about its implementation – contended the Commission erred by not addressing relevant test in clause 35.2.1(c) – appellant further contended that it adequately carried out its consultation requirements – argued that the Commission erred in finding the consultation that took place was not fair, comprehensive or genuine for maintenance employees – powers of appeal only exercisable if there is an error by the primary decision maker [Coal & Allied] – if it is in the public interest to do so the test is a discretionary one involving broad value judgement [GlaxoSmithKline] – Full Bench not satisfied there was an arguable case of error in any of the appellant’s grounds for appeal in relation the Decision – not satisfied it would be in the public interest to grant permission to appeal – permission to appeal refused. Appeal by BlueScope Steel (AIS) Port Kembla against decision of Riordan C of 21 February 2017 [[2017] FWC 335] Re: The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Anor
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