Bacchus Marsh Grammar T/A Bacchus Marsh Grammar

[2023] FWC 301

[2023] FWC 301

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Bacchus Marsh Grammar T/A Bacchus Marsh Grammar

(ADM2023/2)

Educational services
COMMISSIONER WILSON	MELBOURNE, 20 FEBRUARY 2023

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

1. Bacchus March Grammar (the Applicant) has made an application under s.602 of the Fair Work Act 2009 (FW Act) for the Commission to correct an obvious error in a decision issued on 16 January 2023 in [2023] FWCA 140 (the Decision). The Decision is in relation to the application for approval of the Bacchus Marsh Grammar Enterprise Agreement 2022 (the Agreement). The Agreement was approved.

1. The Applicant seeks that the name of the Applicant in the above decision be corrected from “Angelica Maria Teresa Hill T/A Bacchus Marsh Grammar” to “Bacchus Marsh Grammar”. In email correspondence from the legal representative of the Applicant sent to Chambers on 17 January 2023, the reason for seeking this correction was outlined as

“On reviewing the decision, we noticed that the "Applicant" is listed as "Angelica Maria Teresa" instead of Bacchus Marsh Grammar.  Ms Hill is the school's Human Resources Manager, who completed the Form F16 and Form F17 on the school's behalf. We deduce that the situation has arisen as a result of Ms Hill's name being accidently inserted in the "Applicant" section of the Form F16 where the school's name should have in fact been inserted (as per the Form F17). In the interests of avoiding any confusion for others reviewing the approved version of the agreement, we kindly request that the Commission amend the approval decision so that the Applicant's name is changed to "Bacchus Marsh Grammar".

1. Being a bargaining representative for the Agreement, I sought the views of the Independent Education Union of Australia (IEU) in relation to the application. The IEU consented to the proposal.

1. The views of individual bargaining representatives for the Agreement were also sought, with no objection raised to the proposed amendment.

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 Form F16 application lodged for approval of the Bacchus Marsh Grammar Enterprise Agreement 2022 contained the name of the Applicant’s Human Resources Manager, Angelica Maria Teresa Hill, in the field marked “Legal name of the Applicant”. This information was reflected in the Decision. However, it is clear this is an obvious error, as the application was made by Ms Hill on behalf of the Applicant, Bacchus March Grammar. I therefore 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 any reference to “Angelica Maria Teresa Hill T/A Bacchus Marsh Grammar” shall read only as “Bacchus Marsh Grammar”. An order will be issued to this effect.

COMMISSIONER

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