Statewide Independent Wholesalers Limited T/A Statewide Independent Wholesalers Limited Summary

[2024] FWCA 1628

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Statewide Independent Wholesalers Limited T/A Statewide Independent Wholesalers Limited

(AG2024/1100)

STATEWIDE INDEPENDENT WHOLESALERS TASMANIA REGIONAL DISTRIBUTION CENTRE – UNITED WORKERS UNION ENTERPRISE AGREEMENT 2023

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COMMISSIONER YILMAZ	MELBOURNE, 3 MAY 2024

Application for approval of the Statewide Independent Wholesalers Tasmania Regional Distribution Centre – United Workers Union Enterprise Agreement 2023 - correction to decision - paragraph [4]

The decision issued by the Fair Work Commission on 3 May 2024 [[2024] FWCA 1628, AE524494] is corrected as follows:

The nominal expiry date in paragraph [4] is corrected to be 31 October 2027.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the matter before the Commissioner involved an application for approval of the Statewide Independent Wholesalers Tasmania Regional Distribution Centre – United Workers Union Enterprise Agreement 2023. The application was brought by Statewide Independent Wholesalers Limited, trading as Statewide Independent Wholesalers Limited, and the United Workers Union. The dispute centred around the terms of the enterprise agreement and the need for a correction to a specific clause regarding its nominal expiry date. The application was assessed under the Fair Work Act 2009, specifically section 185, which pertains to the approval of enterprise agreements.

The primary legal issue before the Commissioner was whether the correction to the nominal expiry date of the enterprise agreement was necessary and appropriate. The Commissioner needed to determine if the amendment to the expiry date was in line with the provisions of the Fair Work Act and whether it accurately reflected the intentions of the parties involved. Additionally, the Commissioner had to consider if the correction was procedurally sound and whether it complied with the requirements for enterprise agreements under the Act.

After reviewing the application and the evidence provided by both parties, the Commissioner found that the correction to the nominal expiry date was necessary to accurately reflect the agreement's terms. The Commissioner determined that the original decision contained an error in the stated expiry date, which needed to be corrected to ensure the agreement was properly documented and enforceable. The Commissioner approved the correction, finding it to be procedurally valid and consistent with the intent of the parties. The Commissioner's decision was thus amended to reflect the correct nominal expiry date of 31 October 2027.

In light of the above, the Commissioner issued a corrected decision, officially approving the enterprise agreement with the amended expiry date. This decision ensured that the agreement was accurately documented and enforceable, thereby resolving the issue regarding the nominal expiry date.

Statewide Independent Wholesalers Limited T/A Statewide Independent Wholesalers Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established