ENTERPRISE AGREEMENTS – genuinely agree – ss.181, 182, 604 Fair Work Act 2009 – permission to appeal – Full Bench – appeal against decision at first instance to refuse approval of McDermott Australia P/L Ichthys Project Offshore Construction Agreement 2016 on basis casual employees who voted in favour of approving agreement not engaged in work or being paid at time of voting and were therefore not employed, and that application not accompanied by properly signed copy of agreement as signatory was not properly appointed employee representative – appellant appealed on basis Commission had erred by concluding casual employees were not employed at time – appellant submitted employees to be balloted should include those who were usually employed or likely to be engaged [Swinburne] – Full Bench satisfied because contingent of casual employees had been hired and trained for project and none had been terminated or indicated they were unwilling to work on project, they should be included in ballot – Full Bench also satisfied signature requirements met, as agreement was signed by an employee to be covered by agreement – public interest enlivened – permission to appeal granted – appeal upheld – agreement approved. Appeal by McDermott Australia P/L against decision of Lee C of 25 February 2016 [[2016] FWC 1113] Re: The Australian Workers’ Union and Anor

To read the full content…SUBSCRIBE NOW

Existing Subscribers Login Below:

Log In