Fair Work Act 2009

s.604 - Appeal of decision

Construction, Forestry, Maritime, Mining and Energy Union

Appeal against decisions [2018] FWC 4638 and [2018] FWCA 5740 of Deputy President Sams at Sydney on 7 and 23 August 2018 in matter number AG2017/3080.

[1] The decision issued on 31 December 2018 ( [2018] FWCFB 7224) is corrected by amending paragraph [17] to read as follows:

[17] It is convenient that we begin with the second ground of appeal. Section 186(1) requires the Commission to approve an enterprise agreement if the requirements in that section and in s.187 are met. The requirement in s.186(2)(a) is that the Commission must be satisfied that the Agreement has been genuinely agreed to by the employees covered by the Agreement. Section 188(1)(b) of the Act provides that an enterprise agreement has been genuinely agreed to by the employees covered by the agreement if the Commission is satisfied the agreement was made in accordance with, relevantly, s.182(1) of the Act. That section provides that if employees have been asked to vote to approve the agreement under s.181(1), the agreement is made when a majority of those employees cast a valid vote to approve it.

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