DESA Australia Pty Ltd

[2016] FWC 6183

[2016] FWC 6183

FAIR WORK COMMISSION

DECISION

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

DESA Australia Pty Ltd
(AG2016/3420)

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 30 AUGUST 2016

Application for approval of the DESA Australia Pty Ltd Enterprise Agreement 2016-2020.

[1] On 29 June 2016, the Fair Work Commission (the Commission) issued a Decision [2015] FWCA 4240 (the approval Decision), approving DESA Australia Pty Ltd Enterprise Agreement 2016-2020(the Agreement). The application for approval of the Agreement was made by Desa Australia Pty Ltd T/A Data and Electrical Services (Australia) (the Employer).

[2] On 14 July 2016, the Employer made an application (the correction application), seeking that the Commission exercise powers under s. 602 of the Fair Work Act 2009 (the Act), to correct an obvious error, defect or irregularity arising from the approved Agreement. The correction application sets out the grounds for the order or relief sought and it included, inter alia, a statutory declaration on behalf of the Employer stating that an incorrect copy of the Agreement was provided to the Commission.

[3] The Commission determines that an obvious error has occurred in respect to the document that is referenced in the approval Decision. Therefore, pursuant to s. 602 of the Act, this Decision removes the existing agreement document that is referenced in the approval Decision dated 29 June 2016 and it shall be replaced with the corrected version of the Enterprise Agreement attached to this Decision.

COMMISSIONER

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