Vaughan Civil Pty Ltd T/A Vaughan Civil

[2024] FWCA 2499

[2024] FWCA 2499

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.602 – Application to correct obvious error(s) ect

Vaughan Civil Pty Ltd T/A Vaughan Civil

(AG2024/1896)

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 4 JULY 2024

Application for variation Vaughan Civil Pty Ltd to amend the Vaughan Civil Pty Ltd Enterprise Agreement 2023

1. An application has been made for correction of an enterprise agreement known as the as the Vaughan Civil Pty Ltd Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.602 of the Fair Work Act 2009 (the Act). It has been made by Vaugh Civil Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The Agreement was approved by the Fair Work Commission (the Commission) on 15 June 2023 pursuant to s.186 of the Act, with the decision reference [2013] FWCA 1716.

1. Following approval of the Agreement, the Applicant alerted the Commission to an error in the Agreement. On 30 May 2024, the Applicant advised the Commission that an incorrect version of the enterprise agreement was submitted with the application documentation. The Applicant submits that an error occurred when the Agreement was scanned omitting pages 29 and 30 and that this was an unintentional scanning error. The incorrectly scanned Agreement with pages 29 and 30 being omitted was submitted with its application Therefore, the approved Enterprise Agreement contained an error.

1. The Applicant relies on the statement of Ms Vaughan’s which provides confirmation that the full, complete version of the Agreement was issued to employees for the access period in advance of Vaughan Civil requesting employees to vote to approve the Agreement pursuant to s.181 of the Act.

1. 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.

1. I accept on the basis of the materials before me that a complete version of the Agreement was issued to the employees for the access period in advance of the vote to approve the Agreement occurring. The Applicant mistakenly lodged, together with its s.185 application and supporting declaration, the scanned copy of the Agreement that had omitted pages 29 and 30 which formed part of the Agreement voted on by the employees to approve the Agreement.

1. I have considered the missing pages and I am satisfied that had Vaughn Civil Pty Ltd made its application under s.185 for the approval of the Agreement including pages 29 and 30, I would have approved it; I would have been satisfied that all of the relevant requirements of ss.186 and 187 had been met, including that the agreement was genuinely agreed and that it passed the ‘better off overall’ test.

1. I am satisfied that it is appropriate to exercise the power under s.602 of the Act to make the correction by inserting pages 29 and 30 into the approved Agreement.

1. In accordance with s.602 of the Act, the decision issued by the Commission on 15 June 2023, [2023] FWCA 1716, 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

<AE520331 PR776726>