Whitehorse Mannigham Regional Library Corporation

[2018] FWCA 6138

[2018] FWCA 6138

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217 - Application to vary an agreement to remove an ambiguity or uncertainty

Whitehorse Mannigham Regional Library Corporation
(AG2018/3533)

WHITEHORSE MANNINGHAM REGIONAL LIBRARY CORPORATION ENTERPRISE AGREEMENT 2017

Local government administration
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 OCTOBER 2018

Application for variation of the Whitehorse Manningham Regional Library Corporation Enterprise Agreement 2017 to remove uncertainty or ambiguity.

[1] Whitehorse Manningham Regional Library Corporation (the Applicant) has made an application pursuant to s 217 of the Fair Work Act 2009 (the Act) to vary the Whitehorse Manningham Regional Library Corporation Enterprise Agreement 2017 (the Agreement) to remove ambiguity or uncertainty.

[2] The Applicant is the employer party to the Agreement and the Australian Municipal, Administrative, Clerical and Services Union (ASU) is covered by the Agreement.

[3] The ASU advised its support for the application in correspondence to the Fair Work Commission (the Commission) on 2 October 2018.

[4] An ambiguity or uncertainty has arisen regarding annual and weekly salary rates expressed for certain salary bands.

[5] The Agreement was approved by the Commission on 25 June 2018. Annual and weekly salary rates in Clause 61 Rates of Pay for Bands 6A, 6B and 6C expressed to apply from 1 July 2018 have been incorrectly stated. They do not reflect the 1.9% pay increase provided for in the Agreement or the corresponding hourly rates for those salary bands expressed in the Agreement which are correct.

[6] Section 217 provides for the variation of enterprise agreements to remove ambiguity or uncertainty as follows:

(1) FWA may vary an enterprise agreement to remove an ambiguity or uncertainty on application by any of the following:

(a) one or more of the employers covered by the agreement;

(b) an employee covered by the agreement;

(c) an employee organisation covered by the agreement.

(2) If FWA varies the enterprise agreement, the variation operates from the day specified in the decision to vary the agreement.

[7] On the basis of the material before me, I find that provisions in the Agreement which deal with the annual and weekly salary rates for Bands 6A, 6B and 6C expressed to apply from 1 July 2018 are ambiguous or uncertain. Accordingly, the application is granted.

[8] The Agreement is varied as follows;

(i) By deleting the annual and weekly salary rates expressed as applying at 1 July 2018 in Clause 61 Rates of Pay which have been incorrectly stated for bands 6A, 6B and 6C as follows:

Annual	Weekly
6A	$97,550	$1,875.96
6B	$101,147	$1,945.14
6C	$104,855	$2,016.44

(ii) By inserting the correct annual and weekly salary rates expressed as applying at 1 July 2018 in Clause 61 Rates of Pay as follows:

Annual	Weekly
6A	$87,407	$1,680.90
6B	$91,111	$1,752.13
6C	$94,834	$1,823.73

[9] The variation, as sought, will operate from 1 July 2018. An order giving effect to this decision will be separately issued.

DEPUTY PRESIDENT

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