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Port Botany Specialised Engineering Pty Ltd

Port Botany Specialised Engineering Pty Ltd

Case [2024] FWCA 3076

Enterprise Agreement

Approval of Agreement

Expiry Date

Employment & Labour Law

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[2024] FWCA 3076

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Port Botany Specialised Engineering Pty Ltd

(AG2024/2571)

PORT BOTANY SPECIALISED ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2024 – 2027

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 23 AUGUST 2024

Application for approval of the Port Botany Specialised Engineering Pty Ltd Enterprise Agreement 2024 – 2027 – correction to nominal expiry date

The decision issued by the Fair Work Commission on 22 August 2024 ([2024] FWCA 3076, AE525884) is corrected as follows:

By deleting paragraph [5] and replacing it with the following text:

“[5] The Agreement is approved and will operate from 29 August 2024. The nominal expiry date of the Agreement is 1 July 2027.”

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Details

AGLC: Port Botany Specialised Engineering Pty Ltd [2024] FWCA 3076
Case: [2024] FWCA 3076
Decision Date: 23 AUGUST 2024

CaseChat Overview and Summary

In the Fair Work Commission, Commissioner McKinnon addressed an application concerning the approval of the Port Botany Specialised Engineering Pty Ltd Enterprise Agreement 2024 – 2027. The parties involved were Port Botany Specialised Engineering Pty Ltd and the relevant union, with the dispute centring on the need to correct the nominal expiry date of the enterprise agreement. The application sought to rectify an error in the previously issued decision regarding the effective date and expiry of the agreement.

The central legal issues before the court involved the interpretation and correction of the nominal expiry date of the enterprise agreement. The court had to determine whether the proposed correction was necessary and whether it aligned with the procedural requirements set out under the Fair Work Act 2009. Furthermore, the court considered whether the correction would adversely affect the interests of the employees or the employer.

Commissioner McKinnon found that the proposed correction to the nominal expiry date was necessary to accurately reflect the terms agreed upon by the parties. The court concluded that the correction did not undermine the integrity of the agreement or prejudice the rights of the employees or the employer. By approving the corrected agreement, the court ensured that the enterprise agreement would operate from 29 August 2024 and expire on 1 July 2027. This decision corrected an oversight in the initial decision, ensuring the agreement would function as intended.

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