Mid West Port Authority v Construction, Forestry, Maritime, Mining, and Energy Union [2022] FCAFC 53 (05 April 2022) (Mortimer, Banks-Smith and Colvin JJ)


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INDUSTRIAL LAW – appeal from decision of Western Australian Industrial Magistrates Court – where enterprise agreement was approved by the Fair Work Commission – where following approval it was discovered that approximately 40% of employees to be covered by the enterprise agreement were not given an opportunity to vote for the enterprise agreement as part of the pre-approval process – whether magistrate erred in failing to conclude that the question of whether an agreement has been ‘made’ in accordance with s 182(1) is a jurisdictional fact the existence of which is necessary to enliven the Commission’s power to approve an enterprise agreement – appeal dismissed