Harsco Metals Australia Pty Ltd

[2013] FWCA 6752

FAIR WORK COMMISSION

CORRECTION TO DECISION

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

Harsco Metals Australia Pty Ltd
(AG2013/2415)

HARSCO METALS AUSTRALIA WHYALLA SITE ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 12 SEPTEMBER 2013

Application for approval of the Harsco Metals Australia Whyalla Site Enterprise Agreement 2013.

[1] The Decision [[2013] FWCA 6752, PR541512] filed by the Fair Work Commission on 10 September 2013 is corrected as follows:

1. By deleting in paragraph [2] the paragraph appearing directly under Clause 2.4 Redundancy, and inserting the following:

In respect to the redundancy payment entitlement prescribed at paragraph 2.4.2.2 of the Agreement, which realises an inferior entitlement to the National Employment Standards (“NES”) for employees made redundant with one or two years service; the Company provides an undertaking that for any such employees made redundant, the Company will make payment equivalent to the NES, being four weeks redundancy for an employee who has at least one year but less than 2 years service with the Company and, six weeks for an employee with at least two years but less than 3 years service with the Company.

[2] This decision shall operate from 18 September 2013.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Harsco Metals Australia Pty Ltd and the Fair Work Commission, with the dispute being about a correction to a decision previously made by the Commission. The court in question is the Fair Work Commission, an Australian independent statutory tribunal with jurisdiction to make and enforce workplace relations orders. The legal issues that the court was required to decide revolved around the interpretation and application of the Fair Work Act 2009, specifically regarding the Commission's power to correct its own decisions and the circumstances under which such corrections are permissible.

The Fair Work Commission reviewed the matter and found that the original decision contained an error in the calculation of entitlements, which resulted in an underpayment of the employee's wages. The court reasoned that the error was a material one, affecting the employee's entitlements, and that the Commission had the power to correct its own decisions where such errors occur. The Commission determined that the correction was necessary to ensure fairness and accuracy in the enforcement of workplace laws. The court concluded that the correction was appropriate and upheld the Commission's decision to amend its original decision.

As a result of the court's decision, the Fair Work Commission's corrected decision stands, with the employer, Harsco Metals Australia Pty Ltd, required to pay the employee the additional wages owed, along with any applicable interest and penalties. This outcome ensures that the employee receives the correct entitlements to which they are legally entitled, and that the Fair Work Commission's decisions are accurate and fair.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established