Catchwords:

INDUSTRIAL LAW – application for judicial review of decisions of Fair Work Commission – where applicant applied to Commission pursuant to s 217 of Fair Work Act 2009 (Cth) for variation of two enterprise agreements to remove an “ambiguity or uncertainty” – where Deputy President declined to exercise power to vary agreements – where Full Bench affirmed Deputy President’s decision on appeal – whether Deputy President failed to consider clearly articulated and centrally relevant submission made by applicant –whether Full Bench erred in its construction of s 217 by finding that applicant’s subjective intention irrelevant to ascertaining common intention of parties to agreement –whether errors material and therefore jurisdictional – where respondent filed notice of contention in Full Bench appeal, whether matter should be remitted to Full Bench to consider notice of contention