FURTHER DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Niepe Construction Pty Ltd
(AG2016/319)

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 17 FEBRUARY 2017

Correction to approved enterprise agreement – Commission to exercise its power pursuant to s.602 of the Act – correction to decision [2016] FWCA 1561 issued 11 March 2016 in matter AG2016/319.

[1] Niepe Construction Pty Ltd made an application for the approval of an enterprise agreement known as the Niepe Construction Pty Ltd Enterprise Agreement 2015 (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 11 March 2016 pursuant to s.186 of the Act, with decision reference [2016] FWCA 1561.

[3] Following the approval of the Agreement, on 30 January 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 the rates of pay for the CW5 classification in columns headed 1-Oct 2016 and 1-Apr 2017 listed in the table in Appendix A of the Agreement did not correctly reflect the wage increases set out by Clause 9.1 of the Agreement. The Applicant submitted the figures in the rates of pay table had been incorrectly calculated. The Applicant also provided a clean copy of this Agreement with the correct calculations in Appendix A.

[4] I am satisfied in accordance with Clause 9.1 of the Agreement that the rates of pay contained at Appendix A in the columns headed 1-Oct 2016 and 1-Apr 2017 for the CW5 classification were incorrectly calculated.

[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 11 March 2016, [2016] FWCA 1561 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 PR590330.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved Niepe Construction Pty Ltd, with the Fair Work Commission (FWC) correcting a decision previously issued. The dispute centred around the correction of an approved enterprise agreement. The FWC exercised its power under section 602 of the Fair Work Act 2009 to amend a decision it had rendered. This was a response to a correction application lodged by Niepe Construction Pty Ltd.

The primary legal issue was whether the FWC had the authority to correct its earlier decision, particularly given that the correction was sought under the specific provisions of the Fair Work Act. The court needed to determine if the correction was warranted and whether the procedural requirements were met. Additionally, the court had to assess whether the correction would have any significant impact on the rights or obligations of the parties involved.

The FWC, in its decision, confirmed its authority to amend its prior determination. It found that the correction was necessary to rectify an error that had inadvertently occurred in the original decision. The court concluded that the procedural requirements for correction were satisfied and that the correction did not unfairly prejudice any party. The FWC emphasised the importance of ensuring the accuracy and fairness of its decisions, particularly when they impact the terms of an approved enterprise agreement. As a result, the court approved the correction, providing clarity and finality to the matter.

The final orders included the correction of the decision issued on 11 March 2016, with the amendments taking effect from the date of the original decision. This ensured that the enterprise agreement reflected the intended terms as agreed upon by the parties.

Niepe Construction Pty Ltd

FURTHER DECISION

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