Independent Education Union of Australia

[2018] FWCA 2306

[2018] FWCA 2306

FAIR WORK COMMISSION

CORRECTION TO decision

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2017/6540)

Mudjimba Community Kindergarten & Pre-School Association Kindergarten Early Childhood Education Enterprise Agreement 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 15 JUNE 2018

Correction to approved enterprise agreement – Commission to exercise its power pursuant to s. 602 of the Act.

1. An application has been made for approval of an enterprise agreement known as the Mudjimba Community Kindergarten & Pre-School Association Kindergarten Early Childhood Education Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

1. The Agreement was approved by the Fair Work Commission (the Commission) on 23 April 2018 pursuant to s. 186 of the Act, with the decision reference [2018] FWCA 2306. 

1. Following approval of the Agreement, on 29 May 2018, the Applicant advised the Commission that an error had been identified in the Agreement at clause 4.1.3.

1. Clause 4.1.3 refers to three pupil free days per term. The Applicant submits that this was a mistake and that the clause should refer to three pupil free days per year for teachers and assistants and three non-contact days per term for the Director. The Applicant submits this error was an oversight and a mistake.

1. I note that the Agreement was made with the Independent Education Union of Australia (the Union) and the Agreement covers the organisation. The Union submits that it has been made aware of the error and does not oppose the correction.

1. I am satisfied based on the correspondence received from the Applicant and the Union and having considered the error that the error was as a result of a genuine error.

1. 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. A following note also indicates that if the Commission makes a decision to make an instrument it may also correct that instrument in accordance with the provisions of the section.

1. I am satisfied based on the correspondence from the Applicant that as a result of a genuine error, the incorrect version of the Agreement was submitted for approval.

1. I am satisfied that it is appropriate to exercise the power under s.602 of the Act to correct the errors at clause 4.1.3 of the Agreement.

1. In accordance with s. 602 of the Act, the decision issued by the Commission on 23 April 2018, [2018] FWCA 2306 is amended so that the Agreement is replaced with the version of the Agreement attached to this decision.

COMMISSIONER

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