Martin Lawley T/A Cargill Australia Ltd Summary

[2022] FWCA 2027

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Martin Lawley T/A Cargill Australia Ltd

(AG2022/1681)

Cargill Processing Ltd (Footscray) EnterpriseAgreement 2022

Agricultural industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 22 JUNE 2022

Application for approval of the Cargill Processing Ltd (Footscray) Enterprise Agreement 2022 – correction to expiry date.

The decision issued by the Fair Work Commission on 21 June 2022 [[2022] FWCA 2027] is corrected as follows:

By deleting paragraph [5] and replacing it with the following:

[5] The Agreement was approved on 21 June 2022 and in accordance with s 54, will operate from 28 June 2022. The nominal expiry date of the Agreement is 1 February 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The decision involves Martin Lawley trading as Cargill Australia Ltd, and concerns a correction to the expiry date of the Cargill Processing Ltd (Footscray) Enterprise Agreement 2022. This matter was heard in the Fair Work Commission, an Australian body responsible for resolving workplace disputes and overseeing the enforcement of workplace laws. The applicant sought to correct the expiry date of the enterprise agreement, which was initially set for 1 February 2026. The Commission was required to determine whether the proposed correction was valid and aligned with the relevant legislative provisions under the Fair Work Act 2009.

The key legal issue before the Commission was whether the correction to the nominal expiry date of the enterprise agreement was permissible under section 54 of the Fair Work Act. This section provides for the correction of typographical errors or minor errors in enterprise agreements. The Commission needed to assess if the error in question qualified as a typographical error or a minor error warranting correction, and if the proposed correction aligned with the original intent of the parties involved.

The Deputy President of the Fair Work Commission, Young, concluded that the error in the expiry date was indeed a typographical error that warranted correction. The Deputy President found that the correction did not alter the substance or effect of the agreement and was in line with the original intent of the parties. The correction was approved, and the agreement was to operate from 28 June 2022 with the nominal expiry date of 1 February 2026. The Deputy President's decision was based on the premise that the correction was necessary to accurately reflect the terms agreed upon by the parties.

The Fair Work Commission approved the correction to the expiry date of the Cargill Processing Ltd (Footscray) Enterprise Agreement 2022. The agreement was to operate from 28 June 2022, with the corrected nominal expiry date of 1 February 2026. This decision ensured that the enterprise agreement accurately reflected the intentions of the parties involved, thereby maintaining the integrity and enforceability of the agreement.

Martin Lawley T/A Cargill Australia Ltd

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