ENTERPRISE AGREEMENTS – varying agreement – apprehension of bias – ss.577, 604 Fair Work Act 2009 – appeal – Full Bench – appeal of decision to dismiss recusal application alleging reasonable apprehension of bias – permission to appeal granted as it raised important issues concerning practice and procedure of Commission regarding communication with parties – application involved unilateral communication between a Member and one party – applied Ebner – Commission must firstly identify what factors might lead judge to decide question before him other than on merits – then, having identified factors, establish a logical connection between those factors and the fear the judge might not apply proper judicial merit – unilateral communication by party with a judge’s chambers could give rise to a reasonable apprehension of bias [John Holland Rail] – however, Full Bench not satisfied a fair minded observer might perceive logical connection between the communication in this case and a possibility that the Member would not bring an impartial mind – no error in Member’s decision not to recuse himself – appeal dismissed. Appeal by Construction, Forestry, Mining and Energy Union against decision of Richards SDP of 4 January 2016 [[2016] FWC 37] Re: LCR Group P/L.
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