INDUSTRIAL LAW - application for judicial review under s 39B of the Judiciary Act 1903 (Cth) - decision by Deputy President of the Fair Work Commission (FWC) to approve, pursuant to ss 186-188 of the Fair Work Act (2009) (Cth) (FW Act), an enterprise agreement between the first respondent and persons expected to be employed in the enterprise - appeal to the Full Bench of the FWC dismissed - whether jurisdictional error in the decisions of the FWC - whether the agreement had been genuinely agreed to for the purposes of s 186(2) when the employees voting to approve it were not covered by the agreement upon its making - consideration of the terms "will be covered" and "covered by" within Part 2-4 of the FW Act - whether the FWC had erred in determining that the agreement satisfied the "better off overall" test under s 186(2)(d) of the FW Act - Held (by majority): jurisdictional errors established - discussion of whether the decision of the Full Bench was also affected by jurisdictional error by reason of a defect in the notice sent by the employer to employees pursuant to s 173 of the FW Act.
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