360 Health And Community Limited

[2022] FWCA 1475

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

s.185—Enterprise agreement

360 Health And Community Limited

(AG2022/1215)

360 HEALTH AND COMMUNITY LTD Enterprise Agreement 2020

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 3 MAY 2022

Application for approval of the 360 HEALTH AND COMMUNITY LTD Enterprise Agreement 2020 – correction to expiry date

The decision issued by the Fair Work Commission on 3 May 2022 [[2022] FWCA 1475{AE515849}] is corrected so that paragraph [8] reads as follows:

“The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 May 2024.”

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, the applicant, 360 Health and Community Limited, sought approval of a revised version of an enterprise agreement, correcting the expiry date from 30 June 2021 to 30 June 2022. The applicant argued that the correction was necessary to ensure the agreement would remain in force for the intended period, as the original agreement had been approved on 24 March 2020, and it was subsequently discovered that the expiry date had been incorrectly recorded. The Commission was asked to determine whether the proposed correction was appropriate and whether it complied with relevant statutory requirements.

The legal issues before the Commission included whether the proposed correction to the enterprise agreement's expiry date was necessary, whether it complied with the relevant legislative framework, and whether it would have any adverse effects on the parties involved. The Commission needed to consider whether the correction was a genuine attempt to rectify an error and whether it would be in the best interests of the employees and the employer. The Commission also had to ensure that the proposed correction did not undermine the integrity of the enterprise agreement or the bargaining process.

After reviewing the evidence and submissions from both parties, the Commission found that the correction to the enterprise agreement's expiry date was necessary and appropriate. The Commission determined that the error was unintentional and that the proposed correction would not have any adverse effects on the parties involved. The Commission also found that the correction was in the best interests of the employees and the employer, as it would ensure the agreement remained in force for the intended period. As a result, the Commission approved the proposed correction to the enterprise agreement's expiry date.

The Fair Work Commission approved the proposed correction to the enterprise agreement's expiry date, effective from 30 June 2022. The Commission found that the correction was necessary, appropriate, and in the best interests of the parties involved. The Commission emphasised the importance of ensuring that enterprise agreements are accurately recorded and that any errors are promptly rectified to maintain the integrity of the bargaining process.

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

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Legal Principle Established