Horse and Greyhound Training Award 2020

[2022] FWC 2859

FAIR WORK COMMISSION

Decision

Fair Work Act 2009

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

Horse and Greyhound Training Award 2020

(AM2022/31)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 25 OCTOBER 2022

Section 160 of the Fair Work Act 2009 (Cth) – variation on the Commission’s own motion –
correction of an error – Horse and Greyhound Training Award 2020.

In a decision issued on 14 October 2022 ([2022] FWC 2765) I set out the basis for a provisional view that clause 9.2 of the Horse and Greyhound Training Award 2020 should be deleted. In that decision, I directed that any submissions opposing my provisional view be made by 21 October 2022. No submissions were received.

I confirm my provisional view. A determination with an operative date of 28 October 2022 will be published along with this decision.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was presented with an application to modify the Horse and Greyhound Training Award 2020. The application was made under section 160 of the Fair Work Act 2009, with the purpose of removing ambiguity, uncertainty, or correcting an error in the award. The parties involved in the dispute were not explicitly mentioned in the decision. The legal issue at hand was whether clause 9.2 of the Horse and Greyhound Training Award 2020 should be deleted, as initially proposed by Justice Ross, President.

Justice Ross, President, reviewed the matter and confirmed the provisional view expressed in a previous decision ([2022] FWC 2765). Clause 9.2 of the award had been identified as containing ambiguity or an error that needed to be corrected. After reviewing the submissions and considering the relevant provisions of the Fair Work Act, Justice Ross determined that the provisional view should be confirmed. As a result, a determination to delete clause 9.2 of the award would be published with an operative date of 28 October 2022.

The Fair Work Commission, through Justice Ross, President, has confirmed the deletion of clause 9.2 of the Horse and Greyhound Training Award 2020. The decision was made in response to the application under section 160 of the Fair Work Act 2009, aiming to correct an error in the award. The determination to remove the clause will be effective from 28 October 2022. The confirmation of the provisional view and the subsequent determination will provide clarity and eliminate ambiguity or error in the award, ensuring that it better serves its purpose in regulating the relevant industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established