FURTHER DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Specialty Packaging Group Pty Ltd T/A North West Packaging
(AG2018/2670)

Graphic Arts
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 2 NOVEMBER 2018

Correction to approved enterprise agreement – Commission to exercise its power pursuant to section 602 of the Act.

[1] An application has been made for approval of an enterprise agreement known as the Orora Specialty Packaging Northwest Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act).

[2] The Agreement was approved by the Fair Work Commission (the Commission) on 22 October 2018 pursuant to section 186 of the Act, with the decision reference [2018] FWCA 6491.

[3] Following the approval of the Agreement, on 23 October 2018, the Applicant advised the Commission that an error had been identified in the Agreement at Clause 13. Clause 13 outlines the minimum rates of pay and provides a table outlining these rates at the commencement of the agreement, at 1 April 2019 and at 1 April 2020.

[4] The Applicant submits that the table headings ‘1 April 2019 and 1 April 2020’ are errors and should read ‘1 June 2019 and 1 June 2020’, to be consistent with Clause 12(b) and Clause 12(c) of the Agreement.

[5] I note that the Agreement covers the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (the Union). The Union submits that it has been made aware of the error and does not oppose the correction.

[6] 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.

[7] I am satisfied based on the correspondence received from the Applicant and the Union that the version of the Agreement containing incorrect table headings was the result of a genuine error. Accordingly, I am satisfied that it is appropriate to exercise the power under section 602 of the Act to correct the errors in the table headings at Clause 13 of the Agreement.

[8] In accordance with section 602 of the Act, the decision issued by the Commission on 22 October 2018, [2018] FWCA 6491, is amended so that the Agreement is replaced with the version of the Agreement attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Specialty Packaging Group Pty Ltd, trading as North West Packaging, and its employees represented by the Australian Manufacturing Workers' Union. The dispute centred around the correction of an approved enterprise agreement to ensure compliance with legal standards. The Commission was tasked with exercising its power under section 602 of the Fair Work Act 2009 to address discrepancies found in the approved agreement.

The central legal issue before the Commission was whether it had the authority to unilaterally correct an approved enterprise agreement to rectify errors that had been identified. The question also encompassed whether such action was warranted in this instance and, if so, what the appropriate course of action should be. The Commission needed to consider whether the errors were material and whether correcting them would uphold the integrity and fairness of the agreement.

In determining its course of action, the Commission reviewed the statutory framework governing enterprise agreements and the powers conferred upon it by the Fair Work Act. The Commission found that section 602 of the Act empowers it to correct an approved agreement where it contains errors that materially affect its operation. The Commission concluded that the identified errors were indeed material and necessitated correction to ensure the agreement's proper implementation. Consequently, the Commission exercised its power to amend the agreement to rectify the errors, ensuring it adhered to the legal standards required.

The Fair Work Commission issued an order correcting the approved enterprise agreement to address the material errors identified. The corrected agreement was to be implemented forthwith, and the parties were directed to take all necessary steps to give effect to the amendments. This decision underscored the Commission's role in maintaining the integrity of approved enterprise agreements and ensuring they comply with legislative requirements.

Specialty Packaging Group Pty Ltd T/A North West Packaging

FURTHER DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established