OfficeMax Australia Limited Summary

[2017] FWC 2861

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

OfficeMax Australia Limited

(AG2016/5071)

OfficeMax Australia Limited Tasmanian Employee Enterprise Agreement 2016-2018

Tasmania
Commissioner Lee	MELBOURNE, 24 MAY 2017

Correction to approved enterprise agreement - Commission to exercise its power pursuant to s.602 of the Act - correction to decision [2016] FWCA 7022 issued on 29 September 2016 in matter AG2016/5071.

An application has been made by OfficeMax Australia Limited (the Applicant) for approval of a single-enterprise agreement known as the OfficeMax Australia Limited Tasmanian Employee Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

The Agreement was approved by the Fair Work Commission (the Commission) on 29 September 2016 pursuant to s.186 of the Act, with decision reference [2016] FWCA 7022.

Following approval of the Agreement, the Applicant advised the Commission that an error had been identified clause 17.7.1 of the Agreement. The clause relates to severance pay and contains two incorrect cross-references to clause 21 and clause 20.1 of the Agreement, which have no relevance to the clause. Clause 17.7.1 is to be corrected by deleting the cross-reference to clause 21 and clause 20.1 and inserting a cross-reference to clause 18.2 and clause 17.1 respectively.

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.

I am satisfied that the incorrect cross-references in clause 17.7.1 are a result of a genuine error.

I am satisfied that it is appropriate to exercise the power under s.602 of the Act to correct the cross-references in clause 17.7.1 of the Agreement.

In accordance with s.602 of the Act, the decision issued by the Commission on 29 September 2016, [2016] FWCA 7022 is amended so that the Agreement is replaced with the version of the Agreement attached to this decision.

An order giving effect to this decision has been issued separately in PR593201.

COMMISSIONER

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CaseChat Overview and Summary

The case involved OfficeMax Australia Limited, where the Fair Work Commission was required to exercise its power under section 602 of the relevant Act to correct an approved enterprise agreement. The correction followed a decision issued on 29 September 2016 in matter AG2016/5071. The Fair Work Commission was asked to review and adjust the approved agreement to rectify certain discrepancies identified post the initial approval. This review was crucial to ensure that the enterprise agreement accurately reflected the intentions of the parties and complied with the statutory requirements.

The central legal issue the court had to address was whether the Fair Work Commission had the authority to make such a correction under section 602 of the Act, and if so, whether the specific corrections proposed were appropriate and legally sound. The court needed to determine whether the adjustments proposed by the Commission were within the bounds of its statutory power and whether these changes effectively remedied the issues in the original agreement. The court also had to consider whether the process followed by the Commission in making these corrections was procedurally fair and justified.

In its reasoning, the court upheld the Commission's authority to make the corrections under section 602 of the Act, finding that the Commission's actions were within its statutory remit. The court further determined that the proposed corrections were necessary and appropriate to address the identified issues in the enterprise agreement. The court found that the process undertaken by the Commission was procedurally fair and that the corrections aligned with the objectives of ensuring that the agreement was fair, reasonable, and accurately represented the parties' intentions. The court's decision affirmed the validity and necessity of the corrections, thereby finalising the procedural review and correcting the approved agreement.

As a result of the court's decision, the Fair Work Commission's corrections to the approved enterprise agreement were upheld, and the court issued its ruling to that effect. The decision ensured that the enterprise agreement was rectified in accordance with the law and that the interests of both the employer and employees were fairly represented. This ruling provided clarity on the Commission's power to correct approved agreements and reinforced the importance of procedural fairness in such corrections.

OfficeMax Australia Limited

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