ENTERPRISE AGREEMENTS – approval – ss.185, 604 Fair Work Act 2009 – appeal – Full Bench – at first instance the Commission approved the Clinpath Laboratories – Enterprise Agreement 2017 – appellant advanced three principal grounds of appeal: that, because various pre-approval requirements were not met, the Commission could not have been satisfied that the agreement was genuinely approved; that the Commission did not properly assess whether the Agreement passed the better off overall test (BOOT); and that the Commission did not exercise its powers and functions in a manner that was just and fair – the appellant submitted that the company had provided employees with misleading information about the content of the agreement and had not taken all reasonable steps to explain its terms to employees – an explanation of a significant element of these terms, namely the removal of the ‘2 year rule’, was made only on the afternoon before the vote opened – Full Bench held it cannot be said that the employer took all reasonable steps to ensure that the terms of the agreement and their effect were explained to employees – the Commission did not take these relevant matters into consideration – Full Bench found that the Commission’s decision to approve the agreement was affected by appealable error – permission to appeal granted – appeal upheld – decision at first instance quashed – not necessary to determine the second and third grounds of appeal. Appeal by Health Services Union against decision of Johns C of 8 June 2018 [[2018] FWCA 3391] Re: Clinpath Laboratories P/L and Ors
