City of Fremantle
[2012] FWA 5857
•11 JULY 2012
[2012] FWA 5857 |
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DECISION AND REASONS FOR DECISON |
Fair Work Act 2009
s.602 - Application to correct obvious error(s) etc. in relation to FWA's decision
City of Fremantle
(B2012/1084)
COMMISSIONER CLOGHAN | PERTH, 11 JULY 2012 |
City of Fremantle Outside Workforce Agreement 2011-2015.
[1] On 11 November 2011, I approved an application by the City of Fremantle for a single enterprise agreement known as the City of Fremantle Outside Workforce Agreement 2011-2015 (“the Agreement”) [2011] FWAA 7897.
[1] The Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourses, Public Authorities, Water Boards Union (LGRCEU) was a bargaining representative for the Agreement and also gave notice that, pursuant to s.183 of the Fair Work Act 2009 (“the FW Act”), it also wanted to be covered by the Agreement.
[2] On 26 March 2012, the LGRCEU communicated with Fair Work Australia (FWA) to advise that an alleged discrepancy had occurred between the hourly rate of pay and the annual salary in the Agreement.
[3] The LGRCEU’s communication was the subject of two conferences in the Tribunal between the LGRCEU and the City of Fremantle. The conferences and further discussion confirmed that an error had occurred in the implementation of a formula to convert the annual salary to an hourly rate of pay. Both the City of Fremantle and the LGRCEU agree that the annual salary is correct.
[4] This application by the City of Fremantle seeks to correct the obvious error contained in the Agreement pursuant to subsection 602(1) of the FW Act. The application has the support of the LGRCEU.
[5] I am satisfied that it is appropriate to apply the provisions of subsection 602(1) of the FW Act to correct the error and it is unnecessary for the City of Fremantle to make application to Division 7, Part 2-4 of the FW Act.
[6] For the reasons set out above, I will issue an Order conjointly with this Decision to delete the existing Schedule A of the Agreement and replace it with Schedule A contained in the corrected consolidated Agreement.
COMMISSIONER
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