CFC Consolidated Pty Ltd

[2013] FWC 7913

[2013] FWC 7913

FAIR WORK COMMISSION

DECISION

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

CFC Consolidated Pty Ltd
(B2013/1183)

CFC CONSOLIDATED PTY LTD FUEL OPERATIONS ENTERPRISE AGREEMENT 2013

Road transport industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 22 OCTOBER 2013

CFC Consolidated Pty Ltd Fuel Operations Enterprise Agreement 2013.

[1] On 16 July 2013, I approved an application by CFC Consolidated Pty Ltd for a single-enterprise agreement known as the CFC Consolidated Pty Ltd Fuel Operations Enterprise Agreement 2013 (the Agreement).

[2] The copy of the Agreement lodged with the application for approval incorrectly attached a number of schedules containing employment details of individual employees.

[3] On 29 August 2013, CFC Consolidated Pty Ltd lodged an application with the Fair Work Commission (FWC) under s.602 of the Fair Work Act 2009 (FW Act).

[4] Section 602 provides:

“602 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.”

[5] Pursuant to s.602 of the FW Act the decision issued on 16 July 2013 [2013] FWCA 4706 [PR538946] will be amended to remove all of the schedules attached to the Agreement. A consolidated copy of the Agreement is attached to this decision.

DEPUTY PRESIDENT

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