Adbri Masonry Pty Ltd
[2017] FWCA 4387
•23 AUGUST 2017
[2017] FWCA 4387
The attached document replaces the document previously issued under [2015] FWCA 6682 on 23 August 2017.
Due to amending the coding reference.
Member Assist
On behalf of Commissioner Gregory
Dated 24 August 2017
| [2017] FWCA 4387 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Adbri Masonry Pty Ltd
(AG2015/4969)
Adbri Masonry Pty Ltd & The Australian Workers Union of Employees Queensland Stapylton Site Enterprise Agreement 2015
| Manufacturing and associated industries | |
| COMMISSIONER gregory | MELBOURNE, 23 AUGUST 2017 |
Correction to approved enterprise agreement - Commission to exercise its power pursuant to s.602 of the Act.
An application has been made by Adbri Masonry (the Applicant) for approval of a single enterprise agreement known as the Adbri Masonry Pty Ltd & The Australian Workers Union of Employees Queensland Stapylton Site Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).
The Agreement was approved by the Fair Work Commission (the Commission) on 29 September 2015 pursuant to s.186 of the Act, with decision reference [2017] FWCA 1980.
Following approval of the Agreement, on 4 July 2017, the Applicant advised the Commission that an error had been identified, being the omission of page 42 in the copy of the Agreement provided to the Commission.
The Applicant submits that this occurred due to an internal clerical error subsequent to vote by employees.
The Applicant submits that this is an obvious error and requests the Commission exercise its power under s.602 of the Act to correct the Agreement. The Applicant provided the Commission with a proposed corrected version of the Agreement.
I note that the Agreement was made with The Australian Workers’ Union and the Agreement covers the organisation.
I am satisfied based on the correspondence received from the Applicant and having considered the proposed corrected version that the missing page was a result of a genuine error.
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.
I am satisfied based on the correspondence from the Applicant that as a result of a genuine error, the incorrect version of the Agreement was submitted for approval.
I am satisfied that it is appropriate to exercise the power under s.602 of the Act.
In accordance with s.602 of the Act, the decision issued by the Commission on 29 September 2015, [2015] FWCA 6682 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
<Price code J, AE415918 PR595551>
0
2
0