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A Fair Work Commission full bench has accused six employees of engaging in a "sham exercise" when they voted up an enterprise agreement, finding their approval was "entirely lacking in authenticity and moral authority".

In October last year, FWC Deputy President Val Gostencnik approved, with undertakings, the Workforce Logistics Pty Ltd Enterprise Agreement, two months after the business was registered.

The Australian Workers' Union sought permission to appeal the EA's approval eight months later, arguing the Deputy President was wrong to find it was genuinely agreed to by the six relevant employees.

It told the Commission it should receive an extension of time to appeal, as it was unaware the EA existed until May this year, and it had evidence that the making and approval of the Agreement was "a contrivance and a sham intended to avoid collective bargaining"...