Enterprise bargaining – protected action ballot – ss.437, 604 Fair Work Act 2009 – permission to appeal – Full Bench – at first instance the Commission made a protected action ballot order – appellant submitted the decision at first instance was wrong at law for two reasons, that the Senior Deputy President could not have been reasonably satisfied that the CFMEU had been genuinely trying to reach an agreement, and that the Senior Deputy President wrongly applied the law in Total Marine Services to the evidence – Full Bench not satisfied the decision involved appealable error – decision properly identified the statutory test, considered the evidence relevant to that test and made findings of fact arising from that evidence – Full Bench held the decision involved an unexceptional exercise of the Commission’s powers and there was no error in His Honour’s reasoning or determination – permission to appeal refused. Appeal by Asurco Contracting P/L against decision of O’Callaghan SDP of 12 August 2015 [[2015] FWC 5532] Re: Construction, Forestry, Mining and Energy Union
…
