Jetwave Marine Services Pty Ltd

[2024] FWCA 3845

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Jetwave Marine Services Pty Ltd

(AG2024/3696)

JETWAVE MARINE SERVICES PTY. LTD. MARITIME OFFSHORE OIL AND GAS INDUSTRY MASTERS, DECK OFFICERS, AND ENGINEERS ENTERPRISE AGREEMENT 2024

Maritime industry
DEPUTY PRESIDENT O’KEEFFE	PERTH, 5 NOVEMBER 2024

Application for approval of the Jetwave Marine Services Pty. Ltd. Maritime Offshore Oil and Gas Industry Masters, Deck Officers, and Engineers Enterprise Agreement 2024 – correction to expiry date – paragraph [7]

The decision issues by the Fair Work Commission on 1 November 2024, [2024] FWCA 3845 is corrected as follows:

The date referred to in paragraph [7], 30 June 2024, is replaced with 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to correct a decision made on 1 November 2024 concerning the approval of the Jetwave Marine Services Pty Ltd Maritime Offshore Oil and Gas Industry Masters, Deck Officers, and Engineers Enterprise Agreement 2024. The application sought to correct an error in the expiry date of the agreement, which was initially stated as 30 June 2024 in paragraph [7] of the decision. The dispute arose due to this clerical error, which needed rectification to accurately reflect the intended terms of the agreement.

The legal issue before the Commission was to determine whether the correction of the expiry date from 30 June 2024 to 30 June 2027 was permissible and whether such a correction would serve the purpose of accurately reflecting the parties' intentions. The Commission considered whether the correction fell within its powers to rectify errors in its decisions and whether the correction would have any significant impact on the parties involved.

The Deputy President, O’Keeffe, found that the correction was necessary to accurately reflect the intentions of the parties as expressed in the agreement. The correction was deemed to be a minor clerical error and did not alter the substantive terms of the agreement. The Deputy President determined that correcting the date would not prejudice any party and would serve the purpose of ensuring that the agreement operates as intended. Therefore, the application for correction was approved.

The Fair Work Commission corrected the decision issued on 1 November 2024 by replacing the date in paragraph [7] from 30 June 2024 to 30 June 2027. This correction accurately reflects the intended expiry date of the Jetwave Marine Services Pty Ltd Maritime Offshore Oil and Gas Industry Masters, Deck Officers, and Engineers Enterprise Agreement 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established