CORRECTION TO DECISION

Fair Work Act 2009
s.217 - Application to vary an agreement to remove an ambiguity or uncertainty

MMA Offshore Vessel Operations Pty Ltd T/A MMA Offshore
(AG2015/1895)

MERMAID MARINE & MUA DAMPIER SUPPLY BASE ENTERPRISE AGREEMENT 2014

Maritime industry
COMMISSIONER CLOGHAN	PERTH, 7 OCTOBER 2015

Application for variation of the Mermaid Marine & MUA Dampier Supply Base Enterprise Agreement 2014 - correction to subclause 22.6 "Finish times".

[1] The Decision issued by the Fair Work Commission on 2 October 2015, [2015] FWCA 6837, in relation to the Mermaid Marine & MUA Dampier Supply Base Enterprise Agreement 2014 (DSB Agreement)is corrected.

[2] Paragraph [40] is corrected by deleting the narrative in column 2 associated with “Finish times” and inserting, in lieu, the following:

“ Day Work from 1430 to 1800 (subject to other overtime)

Night Work from 0230 to 0600 (subject to other overtime)”

[3] This correction takes effect from the operative date of the DSB Agreement, 21 January 2015.

[4] A consolidated version of the DSB Agreement, as varied and corrected, is attached to this Correction to Decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, MMA Offshore Vessel Operations Pty Ltd trading as MMA Offshore, sought to vary the Mermaid Marine and MUA Dampier Supply Base Enterprise Agreement 2014. The applicant sought to correct a typographical error in subclause 22.6 "Finish times". The Commission was asked to correct the term "20.00 hours" to "18.00 hours" in the said subclause. The applicant argued that the error was an honest mistake and that it had caused confusion among employees.

The legal issues before the Commission were whether the applicant had demonstrated that the proposed variation was appropriate and whether the variation would not have an adverse effect on the employees. The Commission had to consider the evidence provided by the applicant and whether the change would be procedurally and substantively fair. The Commission also had to consider whether the proposed change would have any adverse effects on the employees.

The Commission found that the applicant had demonstrated that the proposed variation was appropriate and that it would not have an adverse effect on the employees. The Commission was satisfied that the error was an honest mistake and that the applicant had taken steps to rectify the error. The Commission also found that the proposed change would not have any adverse effects on the employees. The Commission was satisfied that the proposed change would not cause any confusion among employees and that it would not result in any detriment to the employees.

The Commission approved the application and ordered that the Mermaid Marine and MUA Dampier Supply Base Enterprise Agreement 2014 be varied to correct the term "20.00 hours" to "18.00 hours" in subclause 22.6 "Finish times". The variation was to be effective from the date of the Commission's decision. The Commission also ordered that the applicant provide a copy of the variation to the relevant parties.

MMA Offshore Vessel Operations Pty Ltd T/A MMA Offshore

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