Construction, Forestry, Mining and Energy Union v AWX Labour Pty Ltd
[2017] FWCFB 5972
•14 NOVEMBER 2017
| [2017] FWCFB 5972 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.604 - Appeal of decisions
v
AWX Labour Pty Ltd
(C2017/5468) (C2017/5470)
VICE PRESIDENT CATANZARITI | MELBOURNE, 14 NOVEMBER 2017 |
Appeals against decisions [2017] FWCA 4820 and [2017] FWCA 4821 of Commissioner Gregory at Melbourne on 15 September 2017 in matter numbers AG2016/7085 and AG2016/7437.
[1] On 15 September 2017, Commissioner Gregory handed down two separate Decisions 1 in which he approved the AWX Labour Pty Ltd (Mining) Enterprise Agreement 2016 and the AWX Labour Pty Ltd (Black Coal Mining) Enterprise Agreement 2016 (Agreements)pursuant to ss.186, 187, 188 and 190 of the Fair Work Act 2009 (Cth) (Act) in relation to the respective applications lodged by AWX Labour Pty Ltd (Respondent) at first instance.
[2] On 4 October 2017, the CFMEU (Appellant) lodged respective Notice of Appeals in matter numbers C2017/5468 and C2017/5470, appealing the Decisions of Commissioner Gregory. Noting the synonymous nature of the appeals, the matters were listed for hearing together before us.
[3] We heard the appeals on 14 November 2017. At the hearing, Mr A. Thomas appeared for the Appellant and Mr C. Mossman, solicitor, sought permission to appear for the Respondent. Given the complexity of the matter and having regard to s.596 of the Act, permission was granted to the Respondent to be represented.
[4] Shortly after the commencement of the hearing, the matter was briefly adjourned in order to enable Mr Mossman to seek instructions from the Respondent. Having obtained instructions, Mr Mossman informed the Full Bench that the Respondent wished for both applications lodged by the Appellant be upheld by consent in relation to permission to appeal and the merits of the appeals. Further, that the applications lodged at first instance by the Respondent be discontinued. The Appellant consented to this approach and we informed the parties that we would grant permission to appeal, uphold the appeals and quash the Decisions of Commissioner Gregory.
Conclusion
[5] Permission to appeal is granted in matters C2017/5468 and C2017/5470.
[6] The appeals are upheld.
[7] The Decisions [2017] FWCA 4820 and [2017] FWCA 4821 of Commissioner Gregory are quashed.
VICE PRESIDENT
Appearances:
A. Thomas for the Appellant.
C. Mossman, solicitor, for the Respondent.
Hearing details:
2017
Melbourne via video link to Sydney:
14 November.
1 [2017] FWCA 4820; [2017] FWCA 4821.
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