INPEX Australia Pty Ltd

[2022] FWC 1226

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.602 Application to correct obvious error(s) etc. in relation to FWC’s decision

INPEX Australia Pty Ltd

(AG2022/1124)

INPEX - Ichthys Operations Enterprise Agreement 2022-2026

Oil and gas industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 19 MAY 2022

Application for approval of the INPEX - Ichthys Operations Enterprise Agreement 2022-2026

Introduction and background

On 2 May 2022, The Fair Work Commission (the Commission) issued a decision (the Decision) approving the INPEX - Ichthys Operations Enterprise Agreement 2022-2026 (the Agreement).[1] However, there is an obvious error in the Decision that warrants correction under s 602 of the Fair Work Act 2009 (Cth) (the Act).

The obvious error, for which a correction is required, relates to paragraph [6] of the Decision which states: The agreement was approved on 2 May 2022 and, in accordance with s 54, will operate from 9 May 2022. The nominal expiry date of the Agreement is 9 May 2026.

Section 186(5)(b) of the Act requires an agreements nominal expiry not be more than four years after the day on which the Commission approves an agreement. Consequently, the obvious error in the Decision is the incorrect statement of the nominal expiry date as four years from the operative date of the Agreement, rather than four years from the date the Agreement was approved.

Relevant Legislation

Section 602 of the Act provides:

602 Correcting obvious errors etc. in relation to the FWC’s decisions

(1) The FWC may correct or amend any obvious error, defect or irregularity (whether in substance or form) in relation to a decision of the FWC (other than an error, defect or irregularity in a modern award or national minimum wage order)

Note 1: If the FWC makes a decision to make an instrument, the FWC may correct etc. the instrument under this section (see subsection 598(2)).
Note 2: The FWC corrects modern awards and national minimum wage orders under sections 160 and 296.
(2) The FWC may correct or amend the error, defect or irregularity:
(a)on its own initiative; or

(b)on application.

Consideration

I am satisfied that the stated date of expiry of the Agreement on the Decision was an obvious error in relation to the Decision of the type that is capable of correction pursuant to s 602 of the Act.

I am further satisfied that it is appropriate to exercise the power under s 602 of the Act to correct the Decision by amending paragraph [6], so that the nominal expiry of the Agreement is 2 May 2026.

In accordance with s 602 of the Act, the Decision issued by the Commission on 2 May 2022 is amended so that the nominal expiry date of the Agreement is four years from the approval date of the Agreement, instead of the operative date of the Agreement.

DEPUTY PRESIDENT

[1] [2022] FWCA 1463.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter in the Fair Work Commission involved an application by INPEX Australia Pty Ltd to have their proposed Enterprise Agreement for the Ichthys Operations Enterprise, covering the period from 2022 to 2026, approved. The dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it satisfied the requirements for "enterprise agreement" as outlined in the legislation. The application was heard by the Fair Work Commission, which had the authority to assess the agreement and make a determination based on the statutory criteria.

The primary legal issues that the Commission had to address were whether the proposed agreement fulfilled the necessary conditions for approval, including whether it contained only matters that were "pay and conditions" matters as defined by the Fair Work Act. Additionally, the Commission needed to ensure that the agreement met the "better off overall test" (BOOT) and was free from prohibited content. It was also necessary to consider whether the agreement had been made in accordance with the prescribed process and whether it complied with any relevant industrial instruments that were in effect.

After reviewing the application and the arguments presented by both parties, the Commission found that the proposed agreement met all the statutory requirements for approval. The Commission was satisfied that the agreement contained only "pay and conditions" matters and did not include any prohibited content. Furthermore, the Commission concluded that the agreement satisfied the BOOT and had been made in compliance with the necessary procedures. Based on these findings, the Commission approved the proposed agreement, thereby allowing it to come into effect as intended.

The final orders of the Commission included the approval of the INPEX - Ichthys Operations Enterprise Agreement 2022-2026, with the agreement to be registered and in effect from the date of the Commission's decision. This decision confirmed the validity of the agreement and allowed it to be implemented as a legally binding instrument governing the employment terms and conditions for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established