Capitol Chilled Foods (Australia) Pty Ltd

[2019] FWC 7466

[2019] FWC 7466

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.602 - Application to correct obvious error(s) etc. in relation to FWC’s decision

Capitol Chilled Foods (Australia) Pty Ltd
(ADM2019/9)

CAPITOL CHILLED FOODS (AUSTRALIA) PTY LIMITED, A.C.T EMPLOYEES WORKPLACE ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 29 OCTOBER 2019

Application by Capitol Chilled Foods (Australia) Pty Ltd to correct the CAPITOL CHILLED FOODS (AUSTRALIA) PTY LIMITED, A.C.T Employees Workplace Enterprise Agreement 2018.

[1] On 25 June 2018, an application was made for the approval of an enterprise agreement known as the CAPITOL CHILLED FOODS (AUSTRALIA) PTY LIMITED, A.C.T Employees Workplace Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Agreement was approved by the Fair Work Commission (the Commission) on 14 November 2018 pursuant to section 186 of the Act, with the decision reference [2018] FWCA 6966.

[3] On 9 October 2019, Capitol Chilled Foods (Australia) Pty Ltd (the Applicant) lodged an application pursuant to s.602 of the Act advising that the copy of the Agreement that was approved by the Commission was not the same copy voted on by employees as it contained incorrect wage and allowance tables with the relevant wage and allowance increases in the wrong sequence. 1

[4] The Applicant submitted that the copy of the Agreement initially lodged with the Commission contained the correct wage and allowance tables. Whilst responding to concerns raised by the Commission, the Applicant identified that this copy was however missing a page due to a scanning error. On 8 November, the Applicant sent a complete copy of the Agreement to the Commission, asking the Commission to rely on this copy as the original full copy of the Agreement. However, this copy of the Agreement was incorrect and contained wage and allowance tables with the relevant increases in the wrong sequence. 2

[5] The Applicant provided the Commission with signed statements from three individuals who were employee bargaining representatives for the Agreement confirming that the wage and allowance increases in the copy of the Agreement approved by the Commission were not those agreed to by the parties. 3

[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 materials received from the Applicant and the employee bargaining representatives, that the version of the Agreement containing incorrect pay rates and allowances was approved as a result of an obvious error. Accordingly, I am satisfied that it is appropriate to exercise the power under section 602 of the Act to correct the errors in the wage and allowance tables of the Agreement.

[8] In accordance with section 602 of the Act, the decision issued by the Commission on 14 November 2018, reference [2018] FWCA 6966, 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

<AE500734  PR713819>

 1   Form F1 application, 2.2

 2   Ibid

 3   Form F1 application, annexure E