Confoil Pty Ltd

[2019] FWC 5110

[2019] FWC 5110

FAIR WORK COMMISSION

DECISION

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

Confoil Pty Ltd
(ADM2019/6)

COMMISSIONER MCKINNON MELBOURNE, 23 JULY 2019

Application to correct obvious error(s) etc. in relation to FWC’s decision.

[1] Application has been made under s.602 of the Fair Work Act 2009 (the Act) for correction of an obvious error in a decision 1 to vary the Confoil Pty Ltd Enterprise Agreement 2016 (the Agreement) issued 24 June 2019 (the Decision). The application was made by Confoil Pty Ltd, the employer covered by the Agreement.

[2] The obvious error is said to be a discrepancy between the signed variation document voted on by employees and the consolidated copy of the Varied Agreement filed by the Applicant and published with the Decision, dealing with wage increases under the Agreement.

Relevant Legislation

[3] Section 602 of the Act 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.”

Submissions

[4] The Applicant submits that the error arose as a result of representative error and is obvious on the face of the record, because the consolidated version of the Agreement should reflect the terms of the signed variation document agreed between the parties. 2

[5] On 2 July 2019 I sought the views of employees, including those who acted as bargaining representatives in relation to the proposed variation of the Agreement (Employee Representatives).

[6] On 8 July 2019 the Applicant provided a statement signed by Employee Representatives confirming their support for the application to ensure that the consolidated version of the Agreement reflects the terms of the agreed variation by providing for a wage increase of 2% in July 2019.

Disposition

[7] Having regard to the materials before me and the views of both the Applicant and affected employees, I am satisfied that there is an obvious error in the Decision and that it should be corrected to give effect to the agreement reached.

[8] An order is issued separately to this Decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<PR710597>

 1   [2019] FWCA 4376 (24 June 2019)

 2   Form F1