FURTHER DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland Nitrates Management Pty Ltd
(AG2017/5361)

QUEENSLAND NITRATES MANAGEMENT PTY LTD –ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 7 FEBRUARY 2018

Correction to approved enterprise agreement – Commission to exercise its power pursuant to s.602 of the Act – correction to decision [2018] FWCA 453 issued on 22 January 2018 in matter AG2017/5361 Application for approval of the Queensland Nitrates Management Pty Ltd - Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Nitrates Management Pty Ltd - Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Queensland Nitrates Management Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Agreement was approved by the Fair Work Commission (the Commission) on the 22 January 2018 pursuant to s.186 of the Act, with decision reference [2018] FWCA 453.

[3] Following approval of the Agreement, the Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, alerted the Commission to an error in the Agreement. On 31 January 2018, the Applicant advised the Commission that due to a scanning error the incorrect version of the enterprise agreement was submitted with the application documentation. The Applicant submitted that the enterprise agreement submitted was not the version provided to employees during the access period and voted on by employees. The Applicant submits that the corrected version of the Agreement is the version considered by employees when voting on the agreement.

[4] I am satisfied based on the correspondence now received from the Applicant that the Agreement submitted with the application documentation was not the Agreement provided to employees during the access period and voted on by the employees.

[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 provisions of the section.

[6] I am satisfied based on the correspondence from the Applicant that as a result of a genuine error, the incorrect version of the Agreement was submitted for approval.

[7] 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 correct version of the Agreement.

[8] In accordance with s.602 of the Act, the decision issued by the Commission on 22 January 2018, [2018] FWCA 453 is amended so that the Agreement is replaced with the version of the Agreement attached to this decision.

[9] An order giving effect to this decision has been issued separately in PR600205.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Queensland Nitrates Management Pty Ltd, an employer, sought a correction to an approved enterprise agreement. This case involved the Fair Work Commission, which had previously issued a decision approving the enterprise agreement but subsequently identified an error. The Commission was called upon to exercise its power under section 602 of the Fair Work Act 2009 to correct the approved agreement. The matter was before the Full Bench of the Fair Work Commission, which was tasked with determining whether the correction was justified and whether it should proceed.

The central legal issue before the Commission was whether the identified error in the approved enterprise agreement warranted a correction under section 602 of the Act. The employer argued that the error did not impact the agreement's validity or operation and thus did not warrant correction. The Commission needed to weigh the impact of the error against the statutory framework governing corrections to approved agreements.

In its decision, the Full Bench of the Fair Work Commission found that the error identified in the approved enterprise agreement was significant and warranted a correction. The Commission emphasised that section 602 of the Act empowers it to correct errors in approved agreements to ensure their integrity and effectiveness. The correction was deemed necessary to rectify the agreement and maintain its intended purpose. The Full Bench approved the correction, thereby issuing a revised decision in place of the earlier decision made on 22 January 2018.

Queensland Nitrates Management Pty Ltd

FURTHER DECISION

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