ASC Pty Ltd

[2025] FWC 3168

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

ASC Pty Ltd

(ADM2025/11)

COMMISSIONER LIM

PERTH, 22 OCTOBER 2025

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

ASC Pty Ltd has applied pursuant to s 602 of the Fair Work Act 2009 (Cth) to correct an obvious error in a decision issued on 22 April 2024 in [[2024] FWCA 1393] (Approval Decision).

The Approval Decision relates to the approval of the ASC Pty Ltd (Western Australia) Trade Planning Enterprise Agreement 2023. ASC seeks that the Commission correct paragraph [6] of the Approval Decision as the identified nominal expiry date of 22 April 2028 does not reflect the nominal expiry date of 1 July 2027 that was agreed by the parties in clause 1.2 of the Agreement.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers known as the Australian Manufacturing Workers’ Union (AMWU) (the organisations) are covered by the Agreement. The organisations do not object to the correction sought.

Relevant legislation

Section 602 of the Act provides 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, national minimum wage order, minimum standards order, minimum standards guidelines, road transport contractual chain orders or road transport contractual chain guidelines).
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.
Note 3: The FWC corrects minimum standards orders and minimum standards guidelines under subsections 536KQ(3) and 536KZ(3) respectively, and corrects road transport contractual chain orders and road transport contractual chain guidelines under subsections 536PT(3) and 536QW(3) respectively.
(2) The FWC may correct or amend the error, defect or irregularity:
(a) on its own initiative; or
(b) on application.’

Consideration

Based on the material before me, I am satisfied that there is an obvious error in the Approval Decision, and it should be corrected.

Accordingly, I am satisfied it is appropriate to correct the obvious error in the Approval Decision. I order[1] pursuant to s 602 of the Act that the Approval Decision be amended to reflect the correct nominal expiry date.

COMMISSIONER

[1] PR792893.

Printed by authority of the Commonwealth Government Printer

ASC Pty Ltd applied to the Fair Work Commission (FWC) to correct an obvious error in a decision that approved the ASC Pty Ltd (Western Australia) Trade Planning Enterprise Agreement 2023. The issue at hand was the discrepancy in the nominal expiry date of the agreement. According to clause 1.2 of the agreement, the parties had agreed that the nominal expiry date was 1 July 2027, but the Approval Decision stated that the expiry date was 22 April 2028. The parties covered by the agreement, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union and the Australian Manufacturing Workers’ Union, did not object to the correction sought by ASC Pty Ltd.

The court considered the application under section 602 of the Fair Work Act 2009. This section allows the FWC to correct or amend any obvious error, defect or irregularity in relation to its decisions, except in certain cases such as modern awards, national minimum wage orders, and others. The court was satisfied that there was an obvious error in the Approval Decision and it was appropriate to correct it. Therefore, the court ordered that the Approval Decision be amended to reflect the correct nominal expiry date as agreed by the parties.

In summary, the court found that there was an obvious error in the Approval Decision that needed to be corrected. The court ordered the Approval Decision to be amended to reflect the correct nominal expiry date of the enterprise agreement as agreed by the parties. This decision was made under section 602 of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established