REGISTERED ORGANISATIONS – representation rights – ss.236, 505, 604 Fair Work Act 2009 – permission to appeal – Full Bench – appeal against decision of Commission to ballot employees at Lifestyle Bakery P/L (Lifestyle) in respect of a majority support determination application by the NUW, and against finding that the NUW had ‘coverage’ of employees at Lifestyle and Daycone P//L atft Daycone Trust t/a Tucker’s Natural (Tucker’s) – appeals heard together – Tucker’s and Lifestyle (the appellants) submitted that NUW did not have coverage of the relevant employees pursuant to its rules – at first instance, broad approach to interpretation of NUW’s eligibility rules adopted [Metal Trades Industry Association of Australia v Electrical Trades Union of Australia and Ors] – NUW rules made eligible those involved in the ‘manufacture or preparing for sale of…cereal foods, and all other articles, goods and preparations usually or commonly known as Grocers’ sundries’ – Commission adopted Oxford dictionary definition of ‘cereal foods’ – adopted definition of ‘grocer’s sundries’ from Food Preservers Union of Australia v Manufacturing Grocers’ Employees Federation of Australia – at first instance Commission found that employees of appellants eligible to be covered under NUW rules – Commission adopted approach in Re Food Preservers Union t hat, even if products of Tucker’s were not cereal food, they should be regarded as grocer’s sundries – on appeal. Appellants submitted that their products were not cereal food or grocer’s sundries, and that the interpretation at first instance was too broad – appellants also submitted that a product cannot be a cereal and a sundry, that the Commission erred in applying the Oxford dictionary definition of ‘cereal foods’ and erred in applying Food Preservers Union of Australia v Manufacturing Grocer’s Employees Federation of Australia and Re Food Preservers Union – Full Bench satisfied that first instance decision gave ‘cereal food’ the full breadth of its ordinary meaning – cereal a significant component of appellants’ products – no error of fact or law demonstrated – permission to appeal refused. Appeal by Lifestyle Bakery P/L and Anor against decisions of O’Callaghan SDP of 14 July 2015 [[2015] FWC 4720 and [2015] FWC 2144] Re: National Union of Workers
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