ENTERPRISE AGREEMENTS – termination of agreement – ss.225, 604 Fair Work Act 2009 – appeal – Full Bench – the Construction, Forestry, Mining and Energy Union (CFMEU) lodged an appeal against Decision and Order issued by Commission granting application to terminate the Loy Yang Power Enterprise Agreement 2012 – the CFMEU submitted that permission to appeal should be granted because the Commission failed to correctly apply the jurisdictional prerequisites in s.226 of the FW Act, the Commission denied the CFMEU procedural fairness by taking into account matters that were not in evidence, and the decision diminished the CFMEU and its members’ bargaining power and would cause them loss – Full Bench granted permission to appeal for public interest reasons – Grounds for appeal included that the Decision erred in that it did not conduct the weighing exercise required by s.226(b); erred in not taking into account and weighing all the circumstances relevant to the question of the appropriateness of terminating the Agreement; and erred in its construction of Clause 4 of the Agreement – this was a longrunning dispute at important utility which may have significant detrimental community effects if protected industrial action occurs – Full Bench accepted that Commission erred by not considering clause 4 of Agreement beyond the question of its legal efficacy – upheld appeal to limited extent identified – Full Bench found no error in the Decision at first instance apart from the consideration of the clause 4 issue – not necessary to quash the Decision and Order and re-determine AGL Loy Yang’s termination application – undertaking proffered by AGL Loy Yang in the appeal effectively involves adherence to the clause 4 commitment for three years. Appeal by Construction, Forestry, Mining and Energy Union against decision and order of Clancy DP of 12 January 2017 [[2017] FWCA 226], [PR589311] Re: AGL Loy Yang P/L t/a AGL Loy Yang
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