Legal Research
Cases
Port Hedland Port Authority

Port Hedland Port Authority

Case [2013] FWCA 1461

Enterprise Agreement

Approval of Agreement

Correction of Decision

Employment & Labour Law

No judgment structure available for this case.

Type to search within this case.

[2013] FWCA 1461

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Port Hedland Port Authority
(AG2013/394)

PORT HEDLAND PORT AUTHORITY STAFF AGREEMENT 2013

Port authorities
COMMISSIONER CLOGHAN	PERTH, 4 NOVEMBER 2015

Port Hedland Port Authority Staff Agreement 2013 - correcting nominal expiry date of Agreement.

[1] The Decision issued by the Fair Work Commission on 12 March 2013, [2013] FWCA 1461, PR534640, is corrected by deleting paragraph [8] and inserting in lieu:

“[8] The nominal expiry date of this Agreement is 31 December 2016.”

[2] This correction is consistent with subclause 1.5 of the Port Hedland Port Authority Staff Agreement (Agreement) and the Port Hedland Port Authority declaration in support of approval of the Agreement.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Details

AGLC: Port Hedland Port Authority [2013] FWCA 1461
Case: [2013] FWCA 1461
Decision Date: 4 November 2015

CaseChat Overview and Summary

The Fair Work Commission was asked to consider the approval of a single-enterprise agreement between the Port Hedland Port Authority and its staff. The agreement in question was the Port Hedland Port Authority Staff Agreement 2013. The Port Hedland Port Authority sought to correct the nominal expiry date of the agreement, which was initially set out in a prior decision by the Commission. The specific issue before the Court was whether the correction to the agreement's expiry date, as proposed by the Authority, was consistent with the terms of the original agreement and the declaration supporting its approval.

The Court examined the terms of the original agreement, particularly subclause 1.5, which outlined the provisions for the agreement's expiry. The Court also considered the declaration provided by the Port Hedland Port Authority in support of the agreement's approval, which included the proposed correction to the expiry date. After reviewing these documents, the Court determined that the proposed correction aligned with the original terms and the supporting declaration. Consequently, the Court approved the correction to the nominal expiry date of the agreement.

The Fair Work Commission, through Commissioner Cloghan, approved the correction to the Port Hedland Port Authority Staff Agreement 2013, setting the new nominal expiry date as 31 December 2016. This decision was made in accordance with the original terms of the agreement and the declaration provided by the Authority. The Court's approval ensures that the agreement reflects the intentions of the parties as originally agreed upon.

Orders