Downer EDI Works Pty Ltd T/A Downer EDI Works Pty Ltd

[2020] FWC 5220

[2020] FWC 5220

FAIR WORK COMMISSION

DECISION

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

Downer EDI Works Pty Ltd T/A Downer EDI Works Pty Ltd
(AG2020/1624)

DEPUTY PRESIDENT CROSS SYDNEY, 29 SEPTEMBER 2020

Application pursuant to s. 602 to correct obvious error in enterprise agreement.

[1] An application has been made for correction of an enterprise agreement known as the Downer (South Coast Area) & AWU Agreement 2019 (the Agreement). The application was made pursuant to s.602 of the Fair Work Act 2009 (the Act). It has been made Downer EDI Works Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Agreement was approved by the Fair Work Commission (the Commission) on the 25 August 2020 pursuant to s.186 of the Act, with decision reference [2020] FWCA 4493.

[3] Following approval of the Agreement, the Applicant alerted the Commission to an error in the Agreement. On 4 September 2020, the Applicant advised the Commission that an incorrect version of the enterprise agreement was submitted with the application documentation. The Applicant submitted that the approved Enterprise Agreement contained an error at clause 10.1 in that the reference to the Living Away Allowance of “$7500” was, instead, meant to read “$75.00”. The Applicant submits that this was an unintentional typographical error.

[4] I am satisfied based on the correspondence now received from the Applicant, the Australian Workers Union and the two Employee Bargaining Representatives that all parties agree to the amendment proposed by the application.

[5] Section 602 of the Act 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.

[6] I am satisfied that it is appropriate to exercise the power under s.602 of the Act to make the administrative correction of replacing page 8, containing clause 10.1, of the approved Agreement with the correct page of the Agreement.

[7] In accordance with s.602 of the Act, the decision issued by the Commission on 25 August 2020, [2020] FWCA 4493 is amended so that the Agreement is replaced with the version of the Agreement attached to this decision.

DEPUTY PRESIDENT

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