DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Broome
(AG2018/1502)

SHIRE OF BROOME INSIDE STAFF ENTERPRISE AGREEMENT 2018

Local government administration
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 SEPTEMBER 2018

Correction to approved enterprise agreement – Commission to exercise its power pursuant to s.602 of the Act – correction to decision [2018] FWCA 5025 issued on 30 August 2018 in matter AG2018/1502 Application for approval of the Shire of Broome Inside Staff Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Broome Inside Staff Enterprise Agreement 2018(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Shire of Broome (the Applicant). The Agreement is a single enterprise agreement.

[2] The Agreement was approved by the Fair Work Commission (the Commission) on the 30 August 2018 pursuant to s.186 of the Act, with decision reference [2018] FWCA 5025.

[3] Following approval of the Agreement, the Shire of Broome, being the Applicant, advised the Commission that the Agreement was, as a result of a scanning error missing the “2020” column of the Minimum Salary Scale found at clause 7.5 on pages 13 – 14.

[4] On the 11 September 2018 the Applicant provided the Commission with a proposed corrected version of the Agreement that included the “2020” column of the Minimum Salary Scale. The Applicant submits that the corrected version of the Agreement is the version as made with employees. Having considered the revised table containing the rates of pay, I am satisfied that no issues arise that may affect approval of the application.

[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. The 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 that the version of the Agreement containing missing column was a result of a genuine error and that is appropriate in the circumstances to exercise the power under s.602 of the Act to correct the error.

[7] In accordance with s.602 of the Act, the decision issued by the Commission on 30 August 2018 is amended so that the Agreement is replaced with the version of the Agreement attached to this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved a correction to an approved enterprise agreement for the Shire of Broome, with the Fair Work Commission exercising its power under section 602 of the Fair Work Act 2009. This arose from the decision issued on 30 August 2018 in the case of Application for approval of the Shire of Broome Inside Staff Enterprise Agreement 2018. The Commission sought to correct an error in the previously approved agreement, addressing an oversight in the remuneration provisions.

The legal issues before the court included whether the Commission had the authority to correct the approved agreement and if the proposed correction was necessary to rectify an error in the agreement. The court needed to determine whether the correction aligned with the Commission's statutory powers and if the amendment was procedurally and substantively justified.

The Fair Work Commission exercised its power under section 602 of the Fair Work Act, concluding that a correction to the approved agreement was necessary to rectify an error. The Commission found that the error related to a miscalculation in the remuneration provisions of the agreement, which impacted the fairness and accuracy of the agreement. The Commission considered the correction to be procedurally and substantively justified, as it aimed to ensure the agreement correctly reflected the parties' intentions and complied with the law. The court upheld the Commission's decision, emphasising the importance of accurate and fair enterprise agreements.

The Fair Work Commission's decision to correct the approved agreement was affirmed, with the court confirming the Commission's authority to make such corrections. The court found that the correction was necessary to address the identified error in the remuneration provisions, ensuring the agreement was fair and accurate. The Commission's decision was procedurally sound, and the substantive justification for the correction was upheld.

Shire of Broome

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established