TRANSFER OF BUSINESS – enterprise agreement – ss.319, 604 Fair Work Act 2009 – appeal – Full Bench – at first instance the Commission refused an application for orders that the Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016 cover non-transferring employees of Bolton Clarke who perform ‘transferring work’ in the state of Victoria – permission to appeal – no Full Bench authority on point – public interest test met – permission to appeal granted – Full Bench found the Commission’s reliance on irrelevant matter of lost tenders an error of the kind in House v R – appeal upheld – decision at first instance quashed – application for orders referred to Wilson C for rehearing. Appeal by Australian Nursing and Midwifery Federation against decision of Hamilton DP of 22 February 2018 [[2018] FWC 776] Re: RSL Care RDNS Ltd t/a Bolton Clarke

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