CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lite N’ Easy (New South Wales) Pty Ltd T/A Lite N’ Easy (New South Wales)
(AG2015/6468)

LITE N’ EASY (NSW) PTY LTD ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 5 NOVEMBER 2015

Application for approval of the Lite n’ Easy (NSW) Pty Ltd Enterprise Agreement 2015.

[1] The decision issued by the Fair Work Commission on 4 November 2015 [[2015] FWCA 7553, AE416473 PR573553] is corrected as follows:

By deleting the nominal expiry date of 1 October 2015 appearing in paragraph [3] of the Decision and inserting 1 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was presented with an application for the approval of the Lite N’ Easy (NSW) Pty Ltd Enterprise Agreement 2015. The agreement in question pertains to the food, beverages, and tobacco manufacturing industry, and was submitted by Lite N’ Easy (New South Wales) Pty Ltd, trading as Lite N’ Easy (New South Wales). The dispute centred around the correctness of the nominal expiry date of the agreement, which was incorrectly stated in the original decision issued on 4 November 2015. The Commission was required to correct the date to accurately reflect the agreement's terms.

The legal issue before the Commission was the rectification of the nominal expiry date of the enterprise agreement as stated in the decision. The original decision contained an error in the nominal expiry date, which needed to be amended to ensure the agreement's validity and enforceability. The Fair Work Act 2009, specifically section 185, provided the legal framework for the Commission to approve the agreement, subject to its compliance with the Act’s requirements.

The Commission, upon recognising the clerical error in the initial decision, proceeded to correct the nominal expiry date from 1 October 2015 to 1 October 2018. The corrected decision was issued to rectify the mistake and ensure the enterprise agreement's terms were accurately represented. By making this correction, the Commission adhered to its mandate under the Fair Work Act to approve agreements that meet the legislative criteria and accurately reflect the intentions of the parties involved.

The final orders of the Commission included the correction of the nominal expiry date in the Lite N’ Easy (NSW) Pty Ltd Enterprise Agreement 2015. The agreement was approved with the corrected nominal expiry date of 1 October 2018, ensuring that the terms of the agreement are valid and enforceable for the intended duration.

LITE N’ EASY (NSW) PTY LTD ENTERPRISE AGREEMENT 2015

CORRECTION TO DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established