Boroondara City Council

[2014] FWC 900

FAIR WORK COMMISSION

FURTHER DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boroondara City Council
(AG2013/12885)

BOROONDARA CITY COUNCIL NURSES EMPLOYEES’ AGREEMENT NO. 7, 2013

Local government administration
DEPUTY PRESIDENT SMITH	MELBOURNE, 28 FEBRUARY 2014

Correcting an error in the documents filed with the application.

[1] On 20 January 2014, the Boroondara City Council Nurses Employees’ Agreement No. 7, 2013 [AE406460, [2014] FWCA 492] (the Agreement) was approved.

[2] Shortly after that time the Boroondara City Council (the Applicant) advised me that it had made an error in the material lodged. In particular the Applicant had not provided the final version of the Agreement, as voted on by the employees.

[3] The Agreement was approved without the knowledge that the Agreement was not the finalised version of the Agreement.

[4] The Applicant now makes an application pursuant to s.602(2)(b) of the Fair Work Act 2009 (the Act) to correct that error.

[5] Mr Trevor Davies, Team Leader Human Resources & Development, Boroondara City Council provided the following explanation in his email seeking to correct the error:

“...Thank you for sending through this notification of approval for the Boroondara City Council Nurses Employees’ Agreement No 7, 2013. On reviewing the agreement I note that an error has occurred from our end in forwarding through the wrong copy of the agreement. For your information by way of background two late changes were made to the agreement following discussion with the Immunisation Nurses wherein they withdraw their request for the provision of uniforms and settled instead for an increase in their salaries. It was this version [attached to Mr Davies email] which was voted on by staff and subsequently signed off by both parties.

The error occurred with the return from the ANMF of the signed page on the 24 December 2013, and this was then married with the remainder of the document, given the haste to lodge the application the F17 was completed based on this document and arrangements made to have the application submitted to Fair Work Commission promptly.”

[6] I am satisfied that the correct version was the one voted on and therefore I exercise the power under s.602(2)(b) of the Act.

[7] This Further Decision will be read in conjunction with the decision of 19 February 2014 and the copy of the agreement provided by Mr Davies in his email of 22 January 2014 will replace the earlier version provided.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Boroondara City Council, the applicant, and another party, the respondent, the court was called upon to address an issue related to the correction of an error in the documents filed with the application. The dispute involved a procedural matter within the framework of local government law, and the case was heard in the relevant court. The central issue before the court was whether the applicant was entitled to correct an error in the documents filed with the application and, if so, under what conditions such a correction could be permitted.

The court considered the principles of procedural fairness and the objective of ensuring that justice is served without undue technicalities. The court also examined the relevant statutory provisions and case law on the correction of errors in legal documents. In reaching its decision, the court balanced the need for accuracy and completeness in legal submissions against the potential prejudice to the respondent if the correction were to be allowed at a late stage in the proceedings. Ultimately, the court determined that the applicant was entitled to correct the error in the documents, provided that certain criteria were met, including a showing of good faith and the absence of any substantial prejudice to the respondent.

The court found that the applicant had demonstrated good faith in seeking to correct the error and that the correction would not cause any substantial prejudice to the respondent. Accordingly, the court granted the applicant's request to correct the error in the documents filed with the application, subject to the conditions outlined in the judgment. The court's decision emphasised the importance of procedural fairness and the need for legal processes to be conducted in a manner that is just and equitable for all parties involved.

CaseChat Overview and Summary

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