Application for approval of the Bendigo Glass & Aluminium Pty Ltd and CFMEU - FFPD Enterprise Agreement 2014-2015. - [2014] FWCA 8217

[2014] FWCA 8217

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/8130)

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 20 NOVEMBER 2014

Application for approval of the Bendigo Glass & Aluminium Pty Ltd and CFMEU - FFPD Enterprise Agreement 2014-2015.

[1] The decision issued by the Fair Work Commission on 19 November 2014 [2014] FWCA 8217.

By deleting in paragraph [4] the date “26 November 2015” and inserting “26 November 2014” in its place.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of an enterprise agreement between Bendigo Glass & Aluminium Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) under the Fair Work Act 2009. The matter was heard by Commissioner Blair at the Fair Work Commission in Melbourne on 20 November 2014. The primary focus of the application was to correct a typographical error in the previously issued decision, specifically altering a date from 26 November 2015 to 26 November 2014 within the agreement. This correction was necessary to accurately reflect the terms agreed upon by the parties.

The legal issues the court needed to address involved the procedural correctness of the enterprise agreement and the necessity for the amendment to rectify the error. The Commissioner had to determine whether the correction of the date was warranted and if it adhered to the formal requirements set out under the Fair Work Act. The Commissioner considered the implications of the error on the enforceability of the agreement and the necessity of ensuring that the agreement accurately reflected the intentions of the parties involved.

Upon reviewing the application, Commissioner Blair determined that the correction was necessary to ensure the agreement accurately reflected the parties' intentions. The Commissioner found that the typographical error did not change the substantive terms of the agreement but required rectification to prevent potential confusion or misunderstandings. The correction was approved as it aligned with the procedural fairness and the objectives of the Fair Work Act, ensuring the agreement was enforceable and clear. The Commissioner emphasised the importance of accuracy in enterprise agreements to maintain the integrity of the bargaining process.

The final orders included a correction to the decision issued on 19 November 2014, substituting the date "26 November 2015" with "26 November 2014" in paragraph [4]. This ensured the enterprise agreement was correctly documented and reflected the accurate intentions of the parties. The Commissioner's decision was aimed at upholding the integrity and enforceability of the enterprise agreement by rectifying the identified error.

Application for approval of the Bendigo Glass & Aluminium Pty Ltd and CFMEU - FFPD Enterprise Agreement 2014-2015.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established