Enterprise agreements – approval – s.185 Fair Work Act 2009 – application for approval of enterprise agreement – Commission concern regarding whether Notice of Employee Representation Rights (NERR) given to employees in the prescribed form; whether employer had taken reasonable steps to explain terms of Agreement and effect of those terms; and whether the Agreement passed the better off overall test (BOOT) – employees provided with two versions of NERR embedded within the text of an email – first version incomplete – second version embedded within other unrelated content – confusing and unclear – employee also attached weblink to NERR within email and within SMS message to employees – Commission found weblink to NERR set out in lengthy and confusing email, did not take employees directly to a copy of the NERR and did not direct their attention to the NERR – NERR not validly given – Commission not satisfied that weblink to a copy of the proposed Agreement and a range of other documents constituted an explanation of the Agreement or the effect of its terms – no genuine agreement – found numerous provisions of the Agreement when compared to Award caused Agreement not to pass the BOOT – application dismissed. Traineeship and Mining Services Enterprise Agreement 2015.
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