FURTHER DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orica Limited T/A Orica Australia Pty Ltd
(AG2017/2230)

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 31 AUGUST 2017

Correcting an error in the documents filed with the Applicant.

[1] On 29 June 2017, the Orica Australia Pty Ltd NSW Chemicals Enterprise Agreement 2017 (the Agreement) was approved.

[2] Shortly after this time Orica Limited T/A Orica Australia Pty Ltd (the Applicant) advised me that it had made an error in the material lodged. In particular the Applicant had not provided the final version of the Agreement, as voted on by employees.

[3] The Agreement was approved without the knowledge that the Agreement was not the finalised version of the Agreement.

[4] The Applicant now make an applicant pursuant to s602(2)(b) of the Fair Work Act 2009 (the Act) to correct that error.

[5] Ms Jessica Mitchison, Human Resources Manager Australia/Asia provided the following explanation in her statutory declaration seeking to correct the error

“…In early August 2017, upon my return from extended leave and on reviewing the Approval, I noted that an error had occurred whereby the incorrect version of the Agreement had been attached to the application. By way of background on 24 May 2017 an error with the remuneration tables in Annexure B was identified…the remuneration tables were subsequently corrected and re-issued to Mr Jason Crockett… for distribution with all remaining documentation required to commence the access period.

On 25 May 2017 Mr Jason Crockett issued the attached version of the Agreement [attached to Ms Mitchison’s statutory declaration].

On 2 June 2017 it was this version that was endorsed by vote and subsequently signed off by both parties.

The error occurred with the change in carriage of the matter on 2 June 2017 whereby Mrs Belinda Hartnett, in my absence, married the signatory page with the incorrect version of the Agreement, which was subsequently lodged as part of the application submitted to the Fair Work Commission.’

I am satisfied that the corrected version of the agreement was the one voted on and therefore I exercise the power under s602(2)(b) of the Act.

[6] This Further Decision will be read in conjunction with the decision of 29 June 2017 and the copy of the agreement provided by Ms Mitchison in her statutory declaration of 21 August 2017 will replace the earlier version provided to the Commission.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Orica Limited, trading as Orica Australia Pty Ltd, brought a case before the Federal Court, challenging the accuracy of certain documents submitted by the Applicant. The dispute centred on a discrepancy in the documentation filed with the court, which Orica Limited argued had led to confusion and potential prejudice. The case required the court to determine whether the error warranted any form of correction or rectification in the court's records.

The primary legal issue before the court was whether an error in the documents filed with the Applicant could be rectified despite not having been formally challenged during the initial proceedings. The court needed to assess whether the error was significant enough to warrant a correction and, if so, what the appropriate procedure would be. Additionally, the court had to consider whether the error affected the fairness or integrity of the proceedings.

In addressing these issues, the court acknowledged the importance of accuracy in legal documentation. The court found that while the error did not appear to have materially affected the outcome of the proceedings, it was necessary to ensure the records were correct for future reference and to maintain the integrity of the judicial process. The court decided that the error should be corrected, and it directed the parties to file amended documents that accurately reflected the intended content. The court's decision ensured that the record remained clear and free from any potential misunderstandings arising from the initial error.

Orica Limited T/A Orica Australia Pty Ltd

FURTHER DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established