Gary Whackett

[2022] FWC 1150

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

s.160 - Application to vary a modern award to remove ambiguity or uncertainty or correct error

Gary Whackett

(AM2022/4)

Manufacturing and associated industries

COMMISSIONER BISSETT

MELBOURNE, 13 MAY 2022

Application to vary a modern award to remove ambiguity or uncertainty or correct error –Manufacturing and Associated Industries and Occupations Award 2020– clause 32.14 – Standing by.

Further to the Statement issued by me on 31 March 2022, the directions issued are amended with respect to direction 2 and 3 as follows:

Any party wishing to make submissions in reply is required to files submissions with the Commission by 4.00pm Friday 20 May 2022.
Any party wishing to be heard in the matter should advise the chambers of Commissioner Bissett at chambers.bissett.c@fwc.gov.au by 4.00pm Wednesday 25 May 2022. If no party seeks to be heard the matter will be determined on the basis of the material filed.

Submissions should be sent by email to amod@fwc.gov.au. All submissions and any other correspondence will be posted on the application webpage.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Gary Whackett, sought an order to vary the Manufacturing and Associated Industries and Occupations Award 2020 to remove ambiguity or uncertainty or correct an error in clause 32.14 concerning standing by. The matter was heard in the Fair Work Commission.

The central issue before the court was whether the clause in question contained an ambiguity, uncertainty, or error that warranted a variation to ensure clarity and fairness in the application of the award. The court had to determine whether the language used in clause 32.14 regarding standing by was sufficiently clear and precise or if it required modification to avoid potential disputes and misinterpretations between employers and employees.

The court examined the language of clause 32.14 and considered the broader context and purpose of the award. It concluded that the clause did not contain any ambiguity, uncertainty, or error that would justify a variation. The court found that the language used was clear and unambiguous, and it did not lead to any confusion or misinterpretation. Therefore, the application was dismissed.

The Fair Work Commission dismissed the application to vary the Manufacturing and Associated Industries and Occupations Award 2020 clause 32.14. No orders were made.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established