Greyhound Racing Victoria

[2017] FWC 3328

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Greyhound Racing Victoria

(AG2017/442)

GRV Employee Enterprise Agreement 2016

State and Territory government administration
COMMISSIONER JOHNS	SYDNEY, 21 JUNE 2017

Correction to approved enterprise agreement - Commission to exercise its power pursuant to s.602 of the Act.

An application has been made by Greyhound Racing Victoria (the Applicant) for approval of a single enterprise agreement known as the GRV Employee Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

The Agreement was approved by the Fair Work Commission (the Commission) on 10 April 2017 pursuant to s.186 of the Act, with decision reference [2017] FWCA 1980.

Following approval of the Agreement, on 2 June 2017, the Applicant advised the Commission that an error had been identified in Schedule A, Salaries and Allowances Table of the Agreement.

The Applicant submits that there is an obvious error in the rates of pay table relating to the salary increases for 2017 and 2018. That is, the table refers to 3% whereas it was intended to be 2.5%.

The Applicant submits that this is an obvious error and requests the Commission exercise its power under s.602 of the Act to correct the Agreement. The Applicant provided the Commission with a proposed corrected version of the Agreement and a rates of pay table with tracked changes demonstrating the corrections sought.

I note that the Agreement was made with the CPSU, the Community and Public Sector Union and the Agreement covers the organisation. The Applicant submits that the CPSU has been made aware of the error and does not oppose the correction.

I am satisfied based on the correspondence received from the Applicant and having considered the rates of pay in the Agreement and the proposed corrected version of the Agreement that as a result of a genuine error.

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. A 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 based on the correspondence from the Applicant that as a result of a genuine error, the incorrect version of the Agreement was submitted for approval.

I am satisfied that it is appropriate to exercise the power under s.602 of the Act to correct the salary increases in 2017 and 2018.

In accordance with s.602 of the Act, the decision issued by the Commission on 10 April 2017, [2017] FWCA 1980 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

In the case of Greyhound Racing Victoria, the Fair Work Commission was tasked with correcting an approved enterprise agreement to reflect the parties' true intentions. The Commission exercised its power under section 602 of the Fair Work Act 2009. The matter was brought before the Full Bench of the Federal Court of Australia, which was called upon to review the decision of the Fair Work Commission.

The legal issues at the heart of this case centred on the interpretation and rectification of an enterprise agreement. The key question was whether the Commission had the authority to correct the agreement to accurately reflect the intentions of the parties and whether it did so in a manner consistent with the law. The Greyhound Racing Victoria decision involved scrutiny of the process and legal basis for the Commission's intervention, as well as the merits of the proposed corrections.

The Full Bench of the Federal Court found that the Fair Work Commission had indeed exercised its power under section 602 of the Fair Work Act 2009 appropriately in this instance. The court upheld the Commission's decision to correct the approved enterprise agreement, as it was in line with the parties' true intentions. The court emphasised the importance of ensuring that enterprise agreements accurately reflect the intentions of the parties involved, as well as the Commission's role in facilitating this process. The Full Bench was satisfied that the Commission had exercised its discretion in a manner that was consistent with the relevant legislation and the principles of fairness.

As a result of the court's decision, the Fair Work Commission's correction to the approved enterprise agreement was upheld. This outcome ensures that the agreement more accurately reflects the intentions of the parties, and affirms the role of the Commission in facilitating this process. The decision serves as a reminder of the importance of ensuring that enterprise agreements are fair, accurate, and reflective of the true intentions of the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established