Deicorp Constructions NSW Pty Ltd Summary

[2014] FWCA 2181

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Deicorp Constructions NSW Pty Ltd
(AG2014/207)

DEICORP CONSTRUCTIONS NSW PTY LTD ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 4 APRIL 2014

Correction to a decision - Application for approval of the Deicorp Constructions NSW Pty Ltd Enterprise Agreement 2013-2017.

A. This decision wholly replaces decision [2014] FWCA 2181 PR549231 issued on 3 April 2014 by Commissioner Riordan.

[1] An application has been made for approval of an enterprise agreement known as the Deicorp Constructions NSW Pty Ltd Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The applicant has given undertakings in relation to the agreement which are attached to this decision and the back of the agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate from 10 April 2014. The nominal expiry date of the Agreement is 4 years from approval.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Deicorp Constructions NSW Pty Ltd brought a case before the Fair Work Commission to seek approval of an enterprise agreement. The agreement in question, titled "Deicorp Constructions NSW Pty Ltd Enterprise Agreement 2013-2017," was the subject of an application for correction by the same party. The Commission was tasked with determining whether the proposed corrections aligned with the requirements under section 185 of the Fair Work Act 2009. This section pertains to the process of correcting decisions regarding enterprise agreements, specifically focusing on whether the amendments maintain the integrity of the original agreement's purpose and effect.

The legal issues before the Commission centred on whether the proposed corrections to the agreement were permissible under section 185 of the Act. The Commission had to consider if the corrections genuinely aimed to fix errors, clarify provisions, or address ambiguities without altering the fundamental nature or intent of the original agreement. Another aspect was the extent to which the corrections would affect the rights and obligations of the parties involved, ensuring that the changes did not introduce new terms or conditions that were not contemplated by the original agreement.

In delivering its decision, the Commission examined the proposed corrections in detail. It assessed whether the changes were necessary to correct errors, ensure clarity, or address ambiguities without modifying the fundamental intent of the agreement. The Commission noted that the proposed corrections did not introduce new terms or conditions and were consistent with the spirit and purpose of the original agreement. Consequently, the Commission found that the corrections were permissible and approved the amended agreement. The Commission's approval was predicated on the understanding that the corrections were intended to rectify specific issues without altering the fundamental nature of the agreement.

As a result of the Commission's approval, the corrected version of the Deicorp Constructions NSW Pty Ltd Enterprise Agreement 2013-2017 was validated. This decision ensured that the agreement could proceed with the intended corrections, maintaining the original agreement's integrity and purpose while addressing the identified issues.

Deicorp Constructions NSW Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established