ENTERPRISE AGREEMENTS – termination of agreement – ss.225, 604 Fair Work Act 2009 – permission to appeal – Full Bench – appeal against decision of Hamberger SDP to terminate the Sedgman Employment Services P/L Bowen Basin Front Line Employee Enterprise Agreement 2011-2014 (Agreement) – agreement negotiated by Sedgman Employment Services but applied to Peabody Energy after Peabody insourced certain operations – agreement had reached nominal expiry date – Peabody’s application to terminate agreement granted on grounds that agreement was negotiated in very different circumstances, by a different organisation, with provisions irrelevant to Peabody – Hamberger SDP satisfied termination of agreement not contrary to public interest and would facilitate bargaining for new agreement – Construction, Forestry, Mining and Energy Union (CFMEU) appealed on the basis that the decision was attended by appealable errors, that Hamberger SDP took an erroneous approach to the public interest by taking into account his own views about the suitability of the current terms of the agreement, and that the primary findings or conclusions were in error because they were purely speculative or not supported by evidence – appeal may only proceed if Commission satisfied public interest enlivened – Commission not satisfied public interest enlivened or that permission to appeal should be granted on discretionary grounds – Commission not satisfied decision at first instance was attended by sufficient doubt to warrant its reconsideration – Commission not satisfied appeal raised any legal or industrial issue of general significance or that refusal to grant permission would result in any manifest injustice to CFMEU or its members – permission to appeal refused. Appeal by Construction, Forestry, Mining and Energy Union against decision of Hamberger SDP of 11 March 2016 [[2016] FWCA 1595] Re: Peabody Energy Australia PCI Mine Management P/L
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