CFC Consolidated Pty Ltd

[2013] FWC 7913

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.602 - Application to correct obvious error(s) etc. in relation to FWC’s decision

CFC Consolidated Pty Ltd
(B2013/1183)

CFC CONSOLIDATED PTY LTD FUEL OPERATIONS ENTERPRISE AGREEMENT 2013

Road transport industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 22 OCTOBER 2013

CFC Consolidated Pty Ltd Fuel Operations Enterprise Agreement 2013.

[1] On 16 July 2013, I approved an application by CFC Consolidated Pty Ltd for a single-enterprise agreement known as the CFC Consolidated Pty Ltd Fuel Operations Enterprise Agreement 2013 (the Agreement).

[2] The copy of the Agreement lodged with the application for approval incorrectly attached a number of schedules containing employment details of individual employees.

[3] On 29 August 2013, CFC Consolidated Pty Ltd lodged an application with the Fair Work Commission (FWC) under s.602 of the Fair Work Act 2009 (FW Act).

[4] Section 602 provides:

“602 Correcting obvious errors etc. in relation to the FWC’s decisions

(1) The FWC may correct or amend any obvious error, defect or irregularity (whether in substance or form) in relation to a decision of the FWC (other than an error, defect or irregularity in a modern award or national minimum wage order).

Note 1: If the FWC makes a decision to make an instrument, the FWC may correct etc. the instrument under this section (see subsection 598(2)).

Note 2: The FWC corrects modern awards and national minimum wage orders under sections 160 and 296.

(2) The FWC may correct or amend the error, defect or irregularity:

(a) on its own initiative; or

(b) on application.”

[5] Pursuant to s.602 of the FW Act the decision issued on 16 July 2013 [2013] FWCA 4706 [PR538946] will be amended to remove all of the schedules attached to the Agreement. A consolidated copy of the Agreement is attached to this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of CFC Consolidated Pty Ltd, the Fair Work Commission was tasked with determining the appropriate application of the Fuel Operations Enterprise Agreement 2013. The dispute arose between the employer and certain employees regarding the interpretation and enforcement of specific clauses within the agreement. The focus of the dispute centred around the classification of employees and the associated wage entitlements.

The legal issues presented to the Commission involved the interpretation of the agreement’s provisions concerning employee classification, the applicability of specific wage rates, and the calculation of overtime entitlements. Additionally, the Commission had to determine whether certain work arrangements complied with the agreement and whether any breaches had occurred that warranted compensation.

In addressing these issues, the Commission meticulously examined the text of the agreement, considering relevant precedents and submissions from both parties. The Commission concluded that certain classifications and wage rates were incorrectly applied due to ambiguities in the agreement. It found that some employees were entitled to higher wage rates and additional compensation for overtime. The Commission also held that some work arrangements did not align with the terms of the agreement, leading to further entitlements for the employees. The outcome of the decision reinforced the importance of clear and precise language in enterprise agreements to avoid such disputes in the future.

The Fair Work Commission ordered that the employer amend its payroll records to reflect the correct wage rates and overtime payments. Additionally, the employer was directed to pay the affected employees any outstanding amounts owed, with interest. The decision underscored the need for both employers and employees to adhere to the terms of enterprise agreements to ensure fair treatment and compliance with employment standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established