ENTERPRISE BARGAINING – majority support determination – ss.236, 604 Fair Work Act 2009 – appeal – Full Bench – at first instance Commission determined that 25 May 2016 represented the most appropriate time for determining whether majority support for bargaining existed – satisfied majority of employees support bargaining for an enterprise agreement – appellant sought permission to appeal – whether in public interest is a discretionary test involving broad value judgment [GlaxoSmithKline] – in public interest to grant permission to appeal – Full Bench satisfied important questions raised concerning the application of s.237 of FW Act in circumstances where Commission’s discretion to determine whether a majority of employees wanted to bargain is an issue in dispute – important matter regarding Commission’s approach in such a determination – Full Bench only authorised to set aside the decision if error on part of decision maker has been demonstrated – not authorised to substitute its own discretion [House v The King] – appellant submitted that amongst other things ss.237(2) and 237(3) erroneously applied – decision is to be made on the basis of the most current material available to the decision maker [PekoWallsend] – respondent submitted amongst other things that all that is necessary is that the Commission consider the method selected as appropriate to expose a majority – Full Bench found that s.237(2(a)(i) is directed at fixing time at which the Commission determines who are the persons employed only – Full Bench agreed with appellant – not open to Commission to determine a point in time other than the time of the decision as the time at which a majority of employees could be said to want to bargain – identified that Commission did not take into account the most current information available to him at the time of determination – found that appellant demonstrated a House v King error in Commissioner’s decision – appeal upheld and decision at first instance quashed – matter referred to Johns C. Appeal by Kantfield P/L t/a Martogg & Company against decision of Ryan C of 9 September 2016 [[2016] FWC 6473] Re: Australian Workers’ Union, The
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