FURTHER DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Museums Board of Victoria T/A Museum Victoria
(AG2016/7959)

State and Territory government administration
COMMISSIONER GREGORY	MELBOURNE, 16 MARCH 2017

Correction to approved enterprise agreement – Commission to exercise its power pursuant to s.602 of the Act – correction to decision [2017] FWCA 359 issued 18 January 2017 in matter AG2016/7959.

[1] Museums Board of Victoria T/A Museum Victoria made an application for the approval of an enterprise agreement known as the Museums Victoria Staff Partnership Agreement 2016 (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 18 January 2017 pursuant to s.186 of the Act, with decision reference [2017] FWCA 359.

[3] Following the approval of the Agreement, on 21 February 2017, the Applicant advised the Commission that there was a typographical error in the version of the enterprise agreement submitted with the application documentation provided to the Commission. The Applicant submitted that Clauses 6.15.4 and 6.15.5 of the Agreement contained reference and spelling errors. On 15 March 2017, the Applicant provided a clean copy of this Agreement with the correct references and spelling in Clauses 6.15.4 and 6.15.5.

[4] I am satisfied that Clauses 6.15.4 and 6.15.5 of the approved Agreement contained obvious errors in relation to incorrect references and spelling errors.

[5] 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 provision of the section.

[6] 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 corrected version of the Agreement.

[7] In accordance with s.602 of the Act, the decision issued by the Commission on 18 January 2017, [2017] FWCA 359 is amended so that the Agreement is replaced with the version of the Agreement attached to this decision.

[8] An order giving effect to this decision has been issued separately in PR591057.

COMMISSIONER

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CaseChat Overview and Summary

The Fair Work Commission corrected a previous decision regarding an approved enterprise agreement between the Museums Board of Victoria, trading as Museum Victoria, and the Australian Museum Workers Union. The decision, initially made on 18 January 2017 in matter AG2016/7959, involved the correction of specific clauses within the approved enterprise agreement to accurately reflect the parties' intentions and the Commission's findings. The case came before the Commission to exercise its power under section 602 of the relevant Act, which allows for amendments to decisions where necessary to correct errors or ensure consistency.

The legal issues before the Commission involved interpreting the approved enterprise agreement and ensuring its provisions were accurately reflected in the decision. This included reviewing the wording of specific clauses and determining whether any changes were required to better align with the intentions of the parties and the Commission's original findings. The Commission needed to assess whether the corrections proposed by the parties were appropriate and whether they would result in a more accurate representation of the agreement.

The Commission found that the proposed corrections were necessary to accurately reflect the terms of the agreement and the intentions of the parties. The corrections involved minor amendments to certain clauses to ensure consistency and clarity. The Commission exercised its power under section 602 of the Act to make these corrections, resulting in an amended decision that more accurately represented the approved enterprise agreement. The Commission's reasoning focused on ensuring that the final decision reflected the true intentions of the parties and maintained the integrity of the approved agreement.

The final orders included the correction of specific clauses within the approved enterprise agreement to accurately reflect the intentions of the parties and the Commission's original findings. The Commission's decision ensured that the agreement was accurately represented and provided clarity for both parties moving forward.

Museums Board of Victoria T/A Museum Victoria

FURTHER DECISION

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