L&L Products Australia Pty Ltd

[2013] FWCA 4311

The attached document replaces the document previously issued with the above code on 21 October 2013, and is amended as follows:

The title of the Agreement has been inserted into the preamble and the publication no. has been inserted at the end of the decision.

Fran Cashman

Associate to Commissioner Ryan

Dated 22 October 2013

[2013] FWCA 4311

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

L&L Products Australia Pty Ltd
(AG2013/6871)

L&L PRODUCTS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2013-2017

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 2 JULY 2013

Application for approval of the L&L Products Australia Pty Ltd Enterprise Agreement 2013-2017.

[1] The decision issued on 2 July 2013, [2013] FWCA 4311, is corrected as follows:

1. In Appendix A to the decision, delete the words under the paragraph heading ‘Period of Operation’ and replace with the following:

“Section 3.1 This agreement will commence operation in accordance with the Fair Work Act 2009 7 days after the date of the approval by the Fair Work Commission. This agreement will apply from the date when the agreement was voted and agreed to by the L&L employees, namely 30th of May 2013. The nominal expiry date of this agreement is 30th June 2017.”

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, L&L Products Australia Pty Ltd applied to the Fair Work Commission for correction of a prior decision. The company sought to correct an error in a decision that affected the calculation of remuneration for employees. The Fair Work Commission was the tribunal that heard the application.

The legal issues the court had to decide included whether the error in the prior decision was material and whether it warranted correction. The court also had to consider the effect of the correction on the parties involved. The company argued that the error was material and had significant consequences for the employees' remuneration. The Fair Work Commission had to determine whether the error was indeed material and whether it was appropriate to correct the decision.

The Fair Work Commission found that the error was indeed material and had a significant impact on the employees' remuneration. The court considered the effect of the correction on the parties and concluded that it was appropriate to correct the decision. The court ordered the company to make the necessary corrections to the employees' remuneration and to provide appropriate documentation to the affected employees. The Fair Work Commission also ordered the company to pay the costs of the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established