An enterprise agreement was actually agreed by the workers covered by the agreement if the Fair Labour Commission is convinced: all the terms of the agreement must be read and understood so that there is no error as to the nature of the agreement. A simple statement by an employer that a statement has been made is not sufficient to assure the Commission that the obligation to explain the terms of the agreement is met. To be satisfied, the Commission must take into account the content of the explanation and the manner in which it was provided, taking into account all the circumstances and needs of the workers and the nature of the amendments made by the agreement. [1] c. Representation that would have started: deliberately lied because the person would rely on your words to terminate the contract. B. Presented known as erroneous: must have intent and knowledge of the misrepresentation [1] One Key Workforce Pty Ltd against Construction, Forestry, Mining and Energy Union [2018] FCAFC 77 (May 25, 2018) at paragraph 112. For the employer to meet this requirement: Compensatory damage – ONLY! (medical bills, etc.) Concealment: Secret – if someone intentionally conceals something that causes damage. d. In fact: relied on your words to make the sale the important and defining element of a contract. (Example: product, service, product performance of service.) Material fact: the most important part of a contract on which you rely to purchase punitive damages for the commission of fraud (penalty).