Kent Projects Pty Ltd v Communications Electrical Electronics Energy Information Postal Plumbing and Allied Services Union of Australia

[2026] FCAFC 74

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Interrogate

Catchwords

1. Practice and Procedure
1. where respondent alleges non-disclosure of information to the Fair Work Commission as a basis for setting aside the Fair Work Commission’s approval of an enterprise agreement
1. where it is alleged the appellant failed to disclose information to the Fair Work Commission when applying for approval of an enterprise agreement
1. where the appellant contends the pleaded case does not establish a cause of action in that it fails to plead fraud with the required integer of dishonesty or at least recklessness or wilful blindness

Quick Take

The Full Federal Court held that a pleading alleging non-disclosure and/or concealment of material information from the Fair Work Commission in an enterprise agreement approval process may disclose a reasonable cause of action for certiorari, even without alleging actual dishonesty, recklessness, or wilful blindness. The Court held that DUA16 did not establish a universal rule that only actual fraud or dishonesty can vitiate an administrative decision, but rather that the requirement depends on the particular statutory scheme under consideration. The Court left open for determination at trial whether, under the enterprise agreement approval scheme in Part 2-4 of the Fair Work Act, innocent failure to disclose material information can constitute jurisdictional error sufficient to warrant prerogative relief.