Charter Protective Services Pty Ltd T/A Charter Loss Prevention/Southern Cross Loss Prevention
[2015] FWCA 3731
•2 JUNE 2015
| [2015] FWCA 3731 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Charter Protective Services Pty Ltd T/A Charter Loss Prevention/Southern Cross Loss Prevention
(AG2014/9154)
CHARTER PROTECTIVE SERVICES PTY LTD ENTERPRISE AGREEMENT 2014
Security services | |
COMMISSIONER GREGORY | MELBOURNE, 2 JUNE 2015 |
Application to vary the Company name as it appears in the title of the agreement.
[1] The Charter Protective Services Pty Ltd Enterprise Agreement 2014 was approved with undertakings in a decision handed down by the Commission on 19 February 2015.
[2] The Agreement currently names the Employer on the title and signatory pages, and in clauses 1, 2.2 and 3.1, as Charter Protective Services Pty Ltd. However, the Commission subsequently received correspondence from the Applicant’s representative, dated 20 March 2015, indicating that the name of the Employer contained in the Agreement is incorrect. The correct name is Charter Security Protective Services Pty Ltd.
[3] It accordingly requested that the Commission assist by correcting this error.
[4] Section 602 of the Fair Work Act 2009 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.
[5] I am satisfied based on the correspondence now received from the Applicant’s representative that when the Agreement was submitted to the Commission for approval it contained an obvious error in that the name of the Employer was incorrect. I am also satisfied that acting now to correct that error does not change the Agreement in any material away.
[6] The Agreement is accordingly amended under s.602 of the Act to provide that the name of the Employer, wherever appearing, is Charter Security Protective Services Pty Ltd. A copy of the amended Agreement is attached to this decision.
COMMISSIONER
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