ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – ss.604, 739 Fair Work Act 2009 – permission to appeal – Full Bench – at first instance the Commissioner held that clauses in the HACSU Department of Human Services Disability Services Enterprise Agreement 2012 – 2016 did not operate to limit Commission’s jurisdiction to deal with dispute notified by HSU – Department sought permission to appeal in the public interest – submitted in public interest because Commissioner’s construction of clause had effect of transforming a streamlined and certain discipline procedure into a protracted and uncertain process – alleged it would limit ability to carry out obligations for safety and welfare of disabled residents within its care – claimed Commissioner erred in conclusions – Full Bench not persuaded Commissioner erred at first instance – held Commissioner had to determine the provisions on their face value consistent with established principles – public interest not attracted in respect of decision – permission to appeal refused. Appeal by Department of Health and Human Services East Division against decision of Bissett C of 15 April 2015 [[2015] FWC 2463] Re: Health Services Union
