SILK CONTRACT LOGISTICS PTY LTD WA ENTERPRISE AGREEMENT 2013

Case [2013] FWCA 5875


[2013] FWCA 5875
FAIR WORK COMMISSION

CORRECTION TO DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Silk Contract Logistics Pty Ltd
(AG2013/8020)

SILK CONTRACT LOGISTICS PTY LTD WA ENTERPRISE AGREEMENT 2013

Storage services

COMMISSIONER WILLIAMS

PERTH, 24 NOVEMBER 2014

Correction to the approval of the Silk Contract Logistics Pty Ltd WA Enterprise Agreement 2013.

[1] The decision issued by the Fair Work Commission on 20 August 2013 [[2013] FWCA 5875] is corrected as follows:

    1. By deleting the expiry date “15 August 2015” where it appears in paragraph [3] and replacing it with “15 March 2015”.

COMMISSIONER

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Details
AGLC
Silk Contract Logistics Pty Ltd WA Enterprise Agreement 2013 [2013] FWCA 5875
Case
[2013] FWCA 5875
Decision Date

CaseChat Overview and Summary

The Fair Work Commission (FWC) was presented with a correction to the decision it made on 20 August 2013 regarding the Silk Contract Logistics Pty Ltd WA Enterprise Agreement 2013. The correction pertained to the expiry date of the agreement, which was originally stated as 15 August 2015, but was subsequently corrected to 15 March 2015. The dispute arose due to an error in the initial decision issued by the FWC. The legal issue before the FWC was to determine whether the correction of the agreement's expiry date was necessary and appropriate, in light of the error identified. The FWC reviewed the circumstances and found that the correction was necessary to ensure the accuracy of the agreement, and the correction was duly made.

The FWC found that the correction to the expiry date of the agreement was justified, as it was necessary to rectify the error in the initial decision. The FWC considered the implications of the error and determined that the correction would not have any adverse effects on the parties involved. The FWC's decision was based on the need to ensure the accuracy and integrity of the enterprise agreement. In making its decision, the FWC relied on the provisions of the Fair Work Act 2009, which provides for the correction of decisions made by the FWC in certain circumstances.

The FWC issued a correction to the decision it made on 20 August 2013, by deleting the expiry date "15 August 2015" and replacing it with "15 March 2015". The FWC's decision was based on the need to ensure the accuracy of the enterprise agreement, and the correction was made in accordance with the provisions of the Fair Work Act 2009. The FWC's decision serves as a reminder of the importance of accuracy and attention to detail in the drafting and approval of enterprise agreements.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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