ENTERPRISE AGREEMENTS – approval – ss.185, 186, 604 Fair Work Act 2009 – permission to appeal – Full Bench – decision at first instance approved the Concrete Constructions Enterprise Agreement 2017 (Agreement) – appellant standing challenged by employer – appellant not a party to Agreement – appellant’s rules permitted it to enrol employees covered by the Agreement – sufficient to confer standing on appellant – appellant’s grounds – Commission could not have been properly satisfied Agreement genuinely agreed to – Agreement not genuinely agreed to because employer had not taken all reasonable steps to explain the Agreement terms and their effect to relevant employees and Commission erred in finding Agreement passed the BOOT – appellant identified three shortcomings in the BOOT – Full Bench found revised form F17 supported conclusion Agreement genuinely agreed to, including explaining terms to relevant employees – employer proposed new undertakings addressing BOOT shortcomings after Agreement approved in response to appellant claims – appeal cannot be deflected by the offer of further undertakings – s.191 of FW Act provides an undertaking is a term of agreement if Commission approves agreement after accepting undertaking – undertaking accepted after agreement approved has no legal effect – appellant identified three shortfalls under the Agreement compared to the Award, even taking into account higher base rates of pay – Full Bench accepted the appellant’s submission the Agreement did not pass the BOOT – permission to appeal granted with respect only to appellant’s third appeal ground – appeal upheld – decision in first instance quashed – application to approve Agreement referred to Commission for re-determination. Appeal by Construction, Forestry, Mining and Energy Union against decision of Gregory C of 24 April 2017 [[2017] FWC 2262] Re: Concrete Constructions (WA) P/L
…
