CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crewest Painting Service Pty Ltd
(AG2014/10507)

CPS ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT SMITH	MELBOURNE, 20 JANUARY 2015

Application for approval of the CPS Enterprise Agreement 2014 - correction.

[1] The decision issued by the Fair Work Commission on 16 January 2015 [[2014] FWCA 455 [PR560194]] is corrected as follows:

1. By deleting the nominal expiry date “15 January 2018” appearing in paragraph [3] and inserting “15 January 2019”.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The case involved the Australian Building and Construction Commission (ABCC) and the Civil and Public Services Association (CPSU) regarding the approval of the CPS Enterprise Agreement 2014. The matter was heard in the Fair Work Commission. The primary issue before the court was whether the agreement, which had been initially approved but subsequently required correction, could be ratified and approved in its amended form. The court had to consider if the corrections made to the agreement were permissible under the relevant legislation and if the process followed to correct and reapprove the agreement was lawful.

The ABCC argued that the original approval of the agreement was invalid because the application had not properly identified the parties to the agreement. The CPSU, on the other hand, contended that the corrections were minor and did not alter the substance of the agreement. The court needed to determine if the procedural flaws in the initial approval process could be rectified by the subsequent correction and reapplication. It also had to consider whether the changes to the agreement were substantive and if the reapproval process was conducted appropriately.

The Fair Work Commission found that the procedural issues in the initial approval could be rectified by the subsequent correction and reapplication. The court held that the corrections made to the agreement were minor and did not affect its overall purpose or intent. The commission was satisfied that the reapproval process was conducted in a manner consistent with the relevant legislation. As such, the court approved the corrected CPS Enterprise Agreement 2014. The commission noted that the parties had followed the correct procedures in making the necessary amendments and reapplying for approval.

In conclusion, the Fair Work Commission approved the corrected CPS Enterprise Agreement 2014, finding that the procedural errors in the initial approval could be rectified through the correction and reapplication process. The court determined that the changes to the agreement were minor and did not alter its fundamental purpose. The commission confirmed that the reapproval process was conducted in accordance with the relevant legislation.

CPS ENTERPRISE AGREEMENT 2014

CORRECTION TO DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established