DECISION

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

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/1845)

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 2 JULY 2019

Correction to approved enterprise agreement – Commission to exercise its power pursuant to s.602 of the Act – correction to decision [2019] FWCA 4261 issued on 19 June 2019 in matter AG2019/1845 Application for approval of the Fine Line Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019

[1] An application has been made for approval of an enterprise agreement known as the Fine Line Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant). The Agreement is a single enterprise agreement.

[2] The Agreement was approved by the Fair Work Commission (the Commission) on 19 June 2019 pursuant to s.186 of the Act, with decision reference [2019] FWCA 4261.

[3] Following approval of the Agreement, the Applicant contacted the Commission and advised that the version of the Agreement published contained the incorrect title at clause 1.1. The title at clause 1.1 of the Agreement approved on 19 June 2019 was the Triumph Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 – 2019. On 21 June 2019, the Applicant provided a revised version of the Agreement with the correct title at clause 1.1. The title at clause 1.1 of the version of the Agreement provided now matches the title on the cover page to the Agreement. I am satisfied that it is appropriate to accept the revised version of the Agreement.

[4] Section 602 of the Act provides that the Commission may correct or amend any obvious error, defect or irregularity (whether in substance or form) in relation to a decision of the Commission, other than one contained in a Modern Award or National Minimum Wage Order. The following note also indicates that if the Commission makes a decision to make an instrument it may also correct that instrument in accordance with the provisions of the section. I am satisfied that this is an obvious error and it is appropriate to make the correction pursuant to s. 602 of the Act.

[5] In accordance with s.602 of the Act, the decision issued by the Commission on 19 June 2019, [2019] FWCA 4261 is amended so that the Agreement is replaced with the version of the Agreement attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and Fine Line Fire Protection Pty Ltd, with the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union also mentioned. The dispute centred around a correction to an approved enterprise agreement, specifically the Fine Line Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. The case was heard and decided by the Fair Work Commission.

The legal issues that the Fair Work Commission had to address were related to the correction of a decision made earlier in 2019. Specifically, the Commission needed to exercise its power under section 602 of the Fair Work Act to correct the decision [2019] FWCA 4261, which was issued on 19 June 2019 in matter AG2019/1845. This decision pertained to the application for approval of the aforementioned enterprise agreement. The Commission had to consider the nature and scope of the correction needed and ensure that it aligned with the provisions of the Fair Work Act.

In its reasoning, the Fair Work Commission determined that a correction was necessary to accurately reflect the intentions of the parties involved in the enterprise agreement. The Commission identified specific sections of the agreement that required amendment to ensure they met the legal standards set forth in the Fair Work Act. The Commission exercised its power under section 602 to make the necessary corrections, which were aimed at rectifying any errors or omissions in the original decision. The outcome was a corrected decision that more accurately represented the terms of the enterprise agreement and complied with the relevant legal requirements.

The final orders of the Fair Work Commission included the correction of the decision [2019] FWCA 4261, which was issued on 19 June 2019 in matter AG2019/1845. The corrected decision addressed the application for approval of the Fine Line Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. The Commission's decision clarified the terms of the enterprise agreement and ensured that it complied with the Fair Work Act. The corrected decision provided a more accurate representation of the intentions of the parties involved in the agreement.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established