McMahon Services Australia Pty Ltd

[2017] FWC 935

[2017] FWC 935

FAIR WORK COMMISSION

FURTHER DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McMahon Services Australia Pty Ltd
(AG2017/113)

Building, metal and civil construction industries

MELBOURNE, 20 FEBRUARY 2017

Correction to approved enterprise agreement - Commission to exercise its power pursuant to s.602 of the Act - correction to decision [2017] FWCA 582 issued on 27 January 2017 in matter AG2017/113.

[1] An application has been made by McMahon Services Australia Pty Ltd (the Applicant) for approval of an enterprise agreement known as the McMahon Services Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] The Agreement was approved by the Fair Work Commission (the Commission) on 27 January 2017 pursuant to s.186 of the Act, with decision reference [2017] FWCA 582.

[3] Following approval of the Agreement, on 30 January 2017, the Applicant advised the Commission that the incorrect version of the enterprise agreement was submitted with the application documentation provided to the Commission. The Applicant submitted that the enterprise agreement submitted was not the version provided to employees during the access period and voted on by employees. The Applicant advised that the Construction, Forestry, Mining and Energy Union (CFMEU) being a union bargaining representative for the Agreement, would provide my chambers with the correct version of the Agreement.

[4] Mr Ralph Edwards on behalf of the CFMEU sent my chambers a copy of the correct version of the Agreement and briefly outlined the differences between this document and the document lodged with the Commission. The Applicant also sent my chambers a table summarising the differences between both documents. The differences between the documents include the title of the Agreement on the cover page, the title of the Agreement in clause 1.1 and the scope of the Agreement at clause 4.1.

[5] I am satisfied based on the correspondence received from the Applicant and the CFMEU that the Agreement submitted with the application documentation was not the Agreement provided to employees during the access period and voted on by the employees.

[6] I have reviewed the version of the Agreement which the Applicant seeks to replace against the Agreement that was approved, and I am satisfied that the differences between the two Agreements are not substantial.

[7] Section 602 of the Act provides that the Commission may correct or amend any obvious error, defect or irregularity (whether in substance or form) in relation to a decision of the Commission, other than one contained in a modern award or national minimum wage order. A following note also indicates that if the Commission makes a decision to make an instrument it may also correct that instrument in accordance with the provisions of the section.

[8] I am satisfied based on the correspondence from the Applicant that as a result of a genuine error, the incorrect version of the Agreement was submitted for approval.

[9] I am satisfied that it is appropriate to exercise the power under s.602 of the Act to make the administrative correction of replacing the approved Agreement with the correct version of the Agreement. The correct version of the Agreement is known as the McMahon Services Australia Pty Ltd and CFMEU (Victoria/Tasmania) Recurrent Work at the Formula One Grand Prix Agreement 2016 – 2018.

[10] In accordance with s.602 of the Act, the decision issued by the Commission on 27 January 2017, [2017] FWCA 582 is amended so that the Agreement is replaced with the version of the Agreement attached to this decision.

[11] An order giving effect to this decision has been issued separately in PR590273.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, AE423181  PR590271 >