FURTHER DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolgoolga & District Retirement Village Ltd
(AG2017/4835)

WOOLGOOLGA & DISTRICT RETIREMENT VILLAGE LTD, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017 - 2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 8 MARCH 2018

Correction to approved enterprise agreement – Commission to exercise its power pursuant to s.602 of the Act – correction to decision [2017] FWCA 6688 issued on 21 December 2017 in matter AG2017/4835 Application for approval of the Woolgoolga & District Retirement Village Ltd, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Woolgoolga & District Retirement Village Ltd, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Woolgoolga & District Retirement Village Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Agreement was approved by the Fair Work Commission (the Commission) on the 21 December 2017 pursuant to s.186 of the Act, with decision reference [2017] FWCA 6688.

[3] On the 6 December 2017, the Commission received an amended copy of the rates of pay for table 4 on page 82 of the agreement from the Applicant’s representative. The amended copy of the wage table was intended to amend the error with the alignment of the rights of pay for the classifications relating to “Level 1-3 year degree Health Professionals”. Following approval of the Agreement, it came to the Commission’s attention that the amended copy of the wage table erroneously varied the date of operation of the rates of pay to the “14 September 2017” when it should read “First pay period on or after FWC EA Approval”.

[4] The Commission brought this issue to the attention of the Applicant, the relevant bargaining representatives and the employees proposed to be covered by the Agreement. The Commission proposed that a correction be made to the Agreement so that the date of operation of the rates of pay in table 4 reflects what would have been the case under the terms of the Agreement considered and voted on by employees. On the 1^st February 2018, the Applicant and the bargaining representatives agreed that the error should be corrected.

[5] I am satisfied based on the correspondence received from the Applicant that the variation to the date of operation of the rates of pay does not achieve what was originally intended.

[6] 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. A following note also indicates that if the Commission makes a decision to make an instrument it may also correct that instrument in accordance with the provisions of the section.

[7] I am satisfied based on the correspondence from the Applicant that as a result of a genuine error, the incorrect version of table 4 of page 82 of the Agreement was submitted for approval.

[8] I am satisfied that it is appropriate to exercise the power under s.602 of the Act to make the administrative correction of replacing the approved Agreement with the correct version of the Agreement.

[9] In accordance with s.602 of the Act, the decision issued by the Commission on 21 December 2017, [2017] FWCA 6688 is amended so that the Agreement is replaced with the version of the Agreement attached to this decision.

[10] An order giving effect to this decision has been issued separately in PR600963.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Woolgoolga & District Retirement Village Ltd was before the Fair Work Commission, where the dispute involved the correction of an approved enterprise agreement. This case followed an earlier decision issued on 21 December 2017 in the matter AG2017/4835, which related to the application for approval of the Woolgoolga & District Retirement Village Ltd, NSWNMA, and HSU NSW Enterprise Agreement 2017-2020. The Commission was required to exercise its power pursuant to section 602 of the relevant Act to correct the decision made in the earlier matter.

The central legal issue before the Commission was whether the correction of the approved enterprise agreement was necessary and permissible under the relevant legislative framework. This involved examining the scope of the Commission's powers under section 602 of the Act and determining if the correction was warranted to address any identified errors or discrepancies in the previously approved agreement.

In reaching its decision, the Commission carefully considered the applicable legal principles and the context of the earlier decision. It concluded that the correction was indeed necessary and within its authority. The Commission found that the correction would rectify errors that, if left unaddressed, could potentially undermine the integrity and enforceability of the enterprise agreement. By exercising its power under section 602, the Commission aimed to ensure that the agreement accurately reflected the intentions of the parties and adhered to the relevant legal standards.

The Fair Work Commission issued an order correcting the approved enterprise agreement as specified. This correction was intended to ensure the agreement accurately reflected the terms agreed upon by the parties and complied with the relevant legal requirements. The Commission's decision was aimed at maintaining the integrity and enforceability of the enterprise agreement.

Woolgoolga & District Retirement Village Ltd

FURTHER DECISION

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Legal Principle Established