Vertech Group Pty Ltd

[2016] FWCA 1687

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Vertech Group Pty Ltd
(AG2015/6900)
VERTECH GROUP PTY LTD WHEATSTONE PROJECT
AGREEMENT 2015
Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 17 MARCH 2016

Application for approval of the Vertech Group Pty Ltd Wheatstone Project Agreement 2015.

[1] An application for approval of the Vertech Group Pty Ltd Wheatstone Project

Agreement 2015 was approved on 14 December 2015. This agreement was approved with the

incorrect version of the agreement attached to the approval decision. This was a result of the

incorrect version of the agreement being lodged by the applicant.

[2] The Commission received advice from the applicant’s representative confirming that

the incorrect version of the agreement was lodged. The Commission is satisfied that the

version of the agreement provided by the applicant’s representative is the correct version

which was successfully voted on by relevant employees and is the version of the agreement

originally intended to be forwarded to the Commission for approval.

[3] The correct copy of the agreement is now attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Vertech Group Pty Ltd applied for approval of the Vertech Group Pty Ltd Wheatstone Project Agreement 2015, which was submitted with an incorrect version of the agreement attached. The applicant's representative informed the Commission that the wrong version had been lodged, but the Commission was satisfied that the version provided was the correct one intended for approval. The Commission approved the agreement with the correct version attached.

The primary legal issue before the Commission was whether the incorrect version of the agreement could be rectified and approved, given that the correct version had been identified and provided by the applicant. The Commission had to determine if the approval process could be completed despite the initial error in lodging the incorrect version.

The Commission concluded that the correct version of the agreement was the one intended for approval and was the version that had been successfully voted on by the relevant employees. The Commission was satisfied that the applicant had provided the correct version, which was then attached to the approval decision. The approval of the agreement was therefore valid and could proceed with the correct version attached.

The final orders were that the Vertech Group Pty Ltd Wheatstone Project Agreement 2015 was approved with the correct version of the agreement attached. The applicant's representative confirmed that the version provided was the correct one, and the Commission was satisfied that this was the version intended for approval. The approval decision was thus valid and complete.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established