Transfield Worley Power Services Pty Ltd

[2014] FWCA 7790

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transfield Worley Power Services Pty Ltd
(AG2014/9267)

TRANSFIELD WORLEY POWER SERVICES COLLIE EMPLOYEE COLLECTIVE AGREEMENT 2014

Electrical power industry
COMMISSIONER WILLIAMS	PERTH, 3 NOVEMBER 2014

Correction to the approval of the Transfield Worley Power Services Collie Employee Collective Agreement 2014.

[1] The decision issued by the Fair Work Commission on 3 November 2014 [[2014] FWCA 7790] is corrected as follows:

1. By deleting the expiry date “3 November 2018” where it appears in paragraph [7] and replacing it with “30 June 2017”.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transfield Worley Power Services Pty Ltd, a company engaged in the electrical power industry, was involved in a dispute concerning the approval and expiry date of an enterprise agreement with its employees. The Fair Work Commission was tasked with resolving the matter. The specific issue before the Commission was the correction of the expiry date of the Transfield Worley Power Services Collie Employee Collective Agreement 2014, as originally approved by the Commission on 3 November 2014.

The Commission considered the need to correct an administrative error in the previously approved agreement. The original decision had mistakenly included an expiry date of 3 November 2018, which was incorrect. The Commission recognised that such errors, while inadvertent, needed to be rectified to ensure clarity and accuracy in the terms of the enterprise agreement. By correcting the expiry date to 30 June 2017, the Commission aimed to reflect the true intentions of the parties involved.

The Fair Work Commission, acknowledging the clerical error, decided to amend the expiry date in the previously approved agreement. The correction was made by deleting the erroneous date of 3 November 2018 and replacing it with the correct date of 30 June 2017. This amendment ensured that the agreement accurately represented the agreement between Transfield Worley Power Services Pty Ltd and its employees.

The final orders of the Fair Work Commission included the correction of the expiry date in the Transfield Worley Power Services Collie Employee Collective Agreement 2014. The corrected agreement now specifies that it will expire on 30 June 2017, aligning with the intended terms of the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established