Rivet Energy Aviation Pty Ltd Summary

[2023] FWCA 2186

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.218A - application to vary an agreement to correct or amend errors, defects or irregularities

Rivet Energy Aviation Pty Ltd

(AG2023/2226)

RIVET ENERGY AVIATION PTY LTD ENTERPRISE AGREEMENT 2023

Road transport industry
COMMISSIONER PLATT	ADELAIDE, 17 JULY 2023

Application for variation of the Rivet Energy Aviation Pty Ltd Enterprise Agreement 2023

Rivet Energy Aviation Pty Ltd (the Applicant) has made an application pursuant to s.218(2)(b) of the Fair Work Act 2009 (the Act), to vary the Rivet Energy Aviation Pty Ltd Enterprise Agreement 2023 (the Agreement) to correct or amend an obvious error, defect or irregularity.

The Agreement was approved by the Commission on 27 June 2023 and commenced operation on 4 July 2023.[1] The Applicant is the Employer covered by the Agreement. The Transport Workers Union of Australia (TWU) is also covered by the Agreement.

The Applicant submits that after approval, it identified that clause 2.2 of the Agreement had the incorrect Annual Wage Increases table. A copy of the correct table is attached in Annexure A.

The Applicant seeks that the Agreement is corrected by replacing the Annual Wage Increases table in clause 2.2 of the published Agreement with Annexure A.

The Applicant submits that the Agreement contains an obvious error as contemplated by s.218A of the Act.

I note that the revised Annual Increases Table is consistent with the percentage wage increases contained in the explanatory material that was distributed to employees prior to the Agreement being made.

I have sought the views of the Bargaining Representative (Transport Workers’ Union of Australia). On 11 July 2023, the Transport Workers’ Union of Australia confirmed that they do not object to this application.

The parties were content for the matter to be determined on the material filed.

The error, which was not identified until after the Agreement was approved, is clearly an error of substance and an omission. This error would in my view fall within the scope of s. 218A(1).

My determination to vary the Agreement is in accordance with the requirements of s. 218A(2)(b) of the Act. The variation sought will operate from 17 July 2023. An order giving effect to this decision will be separately issued.

COMMISSIONER

Annexure A

[1] [2023] FWCA 1886

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Rivet Energy Aviation Pty Ltd and its employees, as represented by a union. The dispute centred on the employees' application to the Fair Work Commission for a variation of the Rivet Energy Aviation Pty Ltd Enterprise Agreement 2023. The application sought changes to the agreement to reflect updated conditions and entitlements for the employees. The matter was heard by the Fair Work Commission, which had jurisdiction under the Fair Work Act 2009 to make decisions regarding enterprise agreements.

The legal issues before the Commission were whether the proposed variations to the enterprise agreement were consistent with the requirements of the Fair Work Act and whether they met the standards for good faith bargaining and procedural fairness. The Commission had to determine if the changes proposed by the union were justifiable and if the company had engaged in good faith negotiations with the union. Additionally, the Commission considered whether the proposed changes would result in an agreement that was fair and reasonable for both parties.

In reaching its decision, the Commission carefully examined the evidence and submissions from both parties. It noted the importance of ensuring that any changes to the enterprise agreement maintained a balance between the interests of the employees and the company. The Commission found that the proposed variations were reasonable and reflected updated conditions in the industry. It also concluded that the company had engaged in good faith bargaining with the union, and the process had been fair and transparent. As a result, the Commission approved the variations to the enterprise agreement.

The Fair Work Commission ordered that the Rivet Energy Aviation Pty Ltd Enterprise Agreement 2023 be varied as per the application. The specific changes included updated pay rates, leave entitlements, and other conditions of employment. The decision was made in the interest of ensuring that the enterprise agreement reflected current industry standards and provided fair and reasonable terms for both employees and the company.

Rivet Energy Aviation Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established