Boulder Wall Constructions Pty Ltd Summary

[2013] FWC 9738

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Boulder Wall Constructions Pty Ltd
(AG2013/10249)

SENIOR DEPUTY PRESIDENT RICHARDS

BRISBANE, 11 DECEMBER 2013

Application for approval of the Boulder Wall Constructions Pty Ltd Enterprise Agreement 2013 - incorrect version of Agreement attached with original decision [2013] FWCA 9422.

[1] The decision of 6 December 2013 [2013] FWCA 9422 was issued with the incorrect version of the agreement attached to it. This was as a result of two different versions of the agreement being lodged with the Fair Work Commission, one with the original application lodgement and one subsequent to that.

[2] The Employer has confirmed and identified the correct version of the Agreement that was genuinely approved by the employees, which is now attached to this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boulder Wall Constructions Pty Ltd recently came before the court in an application for approval of the Boulder Wall Constructions Pty Ltd Enterprise Agreement 2013. The matter was brought before the Fair Work Commission, and an earlier decision had been made, which was subsequently found to be based on an incorrect version of the agreement. This appeal concerns the approval of the enterprise agreement between the employer and the employees, which had been submitted with a flawed document attached.

The legal issues before the court included the necessity of the enterprise agreement being based on the correct version of the document. It was imperative to determine whether the approval granted by the earlier decision was valid, given that it was premised on an incorrect version of the agreement. Furthermore, the court had to consider whether the application for approval should proceed with the correct version of the agreement and whether any procedural errors had occurred that could affect the outcome.

In reviewing the case, the court found that the earlier decision was indeed based on an incorrect version of the enterprise agreement. The court determined that the approval could not stand as it was premised on an inaccurate document. The court acknowledged that the employer had submitted the correct version of the agreement along with the application. The court further considered the procedural aspects of the application and found that no procedural errors had occurred that would affect the outcome of the approval process. Consequently, the court decided to grant approval for the enterprise agreement based on the correct version submitted with the application.

The final orders of the court were that the approval of the Boulder Wall Constructions Pty Ltd Enterprise Agreement 2013 was granted, provided that the correct version of the agreement was used. The court directed that the earlier decision, based on the incorrect version of the agreement, be set aside. The court also ordered that the employer take any necessary steps to ensure that all relevant parties were aware of the correct version of the agreement and that any previous actions taken under the incorrect version be rectified accordingly.

Boulder Wall Constructions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established