Application by United Workers' Union (108V)

[2023] FWC 1475

[2023] FWC 1475

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.602 - Application to correct obvious error(s) etc. in relation to FWC's decision

Application by United Workers' Union (108V)

(ADM2023/6)

DEPUTY PRESIDENT BINET PERTH, 22 JUNE 2023

Application for a correction to a decision pursuant to s.602

1. The United Workers’ Union (UWU) has made an application under s.602 of the Fair Work Act 2009 (FW Act) for the FWC to correct an obvious error in a decision issued on 25 August 2022 in [2022] FWCA 2936 (Decision).[1] The Decision is in relation to the approval of the St John Ambulance Western Australia Ltd Ambulance Officers’ / Paramedics Enterprise Agreement 2021 (Agreement).

1. Pursuant to s.602(2)(b) of the FW Act, the UWU seeks that the FWC issue an order to correct the nominal expiry date of the Agreement as listed in paragraph [5] of the Decision. Paragraph [5] of the Decision specifies that the nominal expiry date of the Agreement is 25 August 2026 (Application).

1. The UWU attached a proposed order to their F1 Application, which was lodged on 19 May 2023. The UWU seeks that the Decision be corrected as follows:

‘Correction to decision

[1] The Decision issued by the Fair Work Commission on 25 August 2022, Application by St John Ambulance WA Ltd [2022] FWCA 2936 is corrected as follows:

1.Paragraph [5] of the above Decision is amended to:

“The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 August 2022. The nominal expiry date of the Agreement is 30 June 2024.”’

1. On 26 May 2023, I sought the views of St John Ambulance Western Australia (SJAWA) in respect of the Application, as SJAWA was the Applicant to the original Decision. SJAWA was instructed to advise my Chambers of its views in writing by 29 May 2023, including whether it wished to be heard orally in respect of the Application. 

1. SJAWA consented to the Application ‘in order to remove any ambiguity as to the nominal expiry date..’ of the Agreement. They did not wish to be heard orally in respect of the Application.

Consideration

1. Section 602 of the FW Act states as follows:

“Correcting obvious errors etc. in relation to the FWC’s decisions

(1) The FWC may correct or amend any obvious error, defect or irregularity (whether
in substance or form) in relation to a decision of the FWC (other than an error, defect or
irregularity in a modern award or national minimum wage order).

Note 1: If the FWC makes a decision to make an instrument, the FWC may correct etc.
the instrument under this section (see subsection 598(2)).

Note 2: The FWC corrects modern awards and national minimum wage orders under
sections 160 and 296.

(2) The FWC may correct or amend the error, defect or irregularity:

(a) on its own initiative; or

(b) on application.”

1. The Decision specifies the nominal expiry date of the Agreement as 25 August 2026. Clause 4.5(c) of the Agreement itself provides that:

‘The Agreement will have a nominal expiry date of 3 years from 1 July 2021. Therefore, the Agreement will expire on 30 June 2024.’[2]

1. It is clear that that there is a discrepancy between the nominal expiry dates set out in the Decision and Agreement respectively. On this basis, I am satisfied that there is an obvious error in the Decision.

1. Therefore, I consider it appropriate to correct the obvious error in the Decision pursuant to s.602 of the FW Act.

1. The Decision is corrected such that the nominal expiry date of the Agreement will be 30 June 2024. An order will be issued to this effect.

DEPUTY PRESIDENT

[1] St John Ambulance Western Australia Ltd T/A St John Ambulance Western Australia Ltd [2022] FWCA 2936 (Commissioner Williams).

[2]  St John Ambulance Western Australia Ltd Ambulance Officers’ / Paramedics Enterprise Agreement 2021, 10, cl 4.5(c).

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