CORRECTION DECISION

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

Linfox Armaguard Pty Ltd
(AG2014/10158)

ARMAGUARD AND TRANSPORT WORKERS UNION ROAD CREW, NORTHERN TERRITORY COLLECTIVE AGREEMENT 2014

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 12 FEBRUARY 2015

Armaguard and Transport Workers' Union Road Crew, Northern Territory Collective Agreement 2014 - Correction Decision.

[1] The decision issued by the Fair Work Commission on 30 January 2015 [2015] FWCA 753 is corrected as follows:

1. By deleting paragraph [5] and inserting the following:

“[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2015. The nominal expiry date of the Agreement is 27 December 2015.”

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Linfox Armaguard Pty Ltd applied to the Fair Work Commission for the approval of a single-enterprise agreement with the Armaguard and Transport Workers' Union Road Crew, Northern Territory. The dispute arose when the applicant sought to correct an earlier decision approving the collective agreement. The Fair Work Commission was tasked with determining whether the correction to the agreement was valid and warranted. The primary legal issue before the Commission was whether the correction of the agreement's expiry date was justified and in compliance with the relevant statutory provisions. The Commission also had to consider whether the correction was necessary to accurately reflect the parties' intentions and to avoid any potential misunderstandings or disputes.

The Fair Work Commission examined the evidence and arguments presented by both parties, and determined that the correction of the agreement's expiry date was necessary to accurately reflect the intentions of the parties. The Commission noted that the original decision contained an error in the expiry date of the agreement, and that the correction was required to ensure that the agreement operated as intended. The Commission further held that the correction did not alter the substance of the agreement, and that the correction was in compliance with the relevant statutory provisions. As a result, the Commission approved the correction and confirmed that the agreement would operate from the corrected date.

In conclusion, the Fair Work Commission approved the correction to the Armaguard and Transport Workers' Union Road Crew, Northern Territory Collective Agreement 2014, and confirmed that the agreement would operate from the corrected date of 6 February 2015, with a nominal expiry date of 27 December 2015. The Commission held that the correction was necessary to accurately reflect the intentions of the parties and to avoid any potential misunderstandings or disputes. The Commission's decision demonstrates the importance of ensuring that agreements accurately reflect the intentions of the parties, and that any errors or discrepancies are promptly corrected to avoid potential disputes.

Linfox Armaguard Pty Ltd

CORRECTION DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established