ENTERPRISE AGREEMENTS – fairly chosen – ss.185, 604 Fair Work Act 2009 – appeal – Full Bench – at first instance the application for approval of the MTP Enterprise Agreement 2016 was dismissed – Thiess appealed the Decision – the Full Bench granted Thiess permission to appeal and upheld its appeal in its decision published on 23 May 2017 [[2017] FWCFB 2459] – the Full Bench did so on the basis that the Commission erred in his conclusion that the employees who voted to approve the Agreement were not covered by the Agreement with the consequence that the Commission was not satisfied that the employees genuinely agreed to the Agreement as required by s.186(2)(a) of the FW Act – the Full Bench did not think it necessary to decide the other grounds of appeal as the Commission had not finally decided those matters – CFMMEU applied for relief in the nature of certiorari and mandamus to the Full Court of the Federal Court – the Full Court concluded that the Full Bench had erred in its reading of the Decision and that it should have, but did not, decide the other grounds of appeal raised by Thiess [[2017] FCAFC 179] – the appeal was remitted to the Full Bench to determine the remaining appeal grounds – the remaining grounds of appeal as disclosed in the notice of appeal related to fairly chosen grounds and genuinely agreed grounds – in relation to the fairly chosen grounds the Full Bench found that the group of employees covered by the Agreement was organisationally distinct and there were no material factors which would otherwise weigh against a conclusion that the group was fairly chosen – regarding the genuinely agreed grounds the Full Bench found the Commission’s conclusion that ‘the three maintenance employees had no stake or direct interest in the terms and conditions of the majority of potential employees who would be covered by the Agreement should Thiess get the contract’ could not be sustained – permission to appeal granted – appeal upheld – decision at first instance quashed – application for approval of the MTP Enterprise Agreement 2016 remitted to Commissioner Lee to determine having regard to our conclusions as to the issues agitated in this appeal. Appeal by Thiess P/L against decision of Roe C of 6 February 2017 [[2017] FWC 718] Re: Construction, Forestry, Maritime, Mining and Energy Union
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