MONSU Caulfield Inc Summary

[2024] FWCA 2378

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

s.185—Enterprise agreement

MONSU Caulfield Inc

(AG2024/2018)

MONSU CAULFIELD INC. COLLECTIVE AGREEMENT 2024

Educational services
DEPUTY PRESIDENT BELL	MELBOURNE, 26 JUNE 2024

Application for approval of the MONSU Caulfield Inc. Collective Agreement 2024 – correction.

The decision issued by the Fair Work Commission on 26 June 2024 [[2024] FWCA 2378], is corrected as follows:

By deleting the operative date of 3 June 2024 in paragraph [4] and replacing it with the operative date of 3 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

MONSU Caulfield Inc is an educational services provider that sought approval for the MONSU Caulfield Inc. Collective Agreement 2024. The Fair Work Commission was tasked with assessing the application for approval of the agreement, which was subject to a correction following an initial decision. The Deputy President of the Fair Work Commission, Bell, presided over the matter in Melbourne on 26 June 2024. The primary legal issue was whether the correction of a typographical error in the initial decision would impact the validity and fairness of the agreement under the Fair Work Act 2009.

The Deputy President of the Fair Work Commission considered whether the correction of the operative date in the initial decision was appropriate and would not affect the fairness of the agreement. The Deputy President noted that the error was a simple typographical mistake and did not alter the substance or fairness of the agreement. The Deputy President concluded that the correction did not affect the validity of the agreement and approved the corrected agreement. The Deputy President also noted that the correction did not alter any of the substantive terms of the agreement and that the parties had not objected to the correction.

The Fair Work Commission approved the corrected MONSU Caulfield Inc. Collective Agreement 2024, effective from 3 July 2024. The Deputy President of the Fair Work Commission determined that the correction of the typographical error did not impact the validity or fairness of the agreement. The Deputy President also noted that the correction did not alter any of the substantive terms of the agreement and that the parties had not objected to the correction. The Commission's decision is final and binding on the parties involved.

MONSU Caulfield Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established