Independent Education Union of Australia

[2020] FWC 245

[2020] FWC 245

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(ADM2020/1)

COMMISSIONER SPENCER BRISBANE, 16 JANUARY 2020

Application to Correct Errors in the IEUA QNT Clerical Collective Agreement 2019.

[1] The Independent Education Union of Australia (the Applicant) sought an application pursuant to s.602 to amend the IEUA-QNT Clerical Staff Collective Agreement 2019 to allow for correction of clause 5.10.4 regarding superannuation contributions. The Agreement was approved on 18 October 2019, with the decision reference [2019] FWCA 7239.

[2] The Australian Municipal, Administrative, Clerical and Services Union (the Union), who was a bargaining representative to the original Agreement, supported the application. The Applicant sought the correction of the provision in circumstances where the correct version of the Agreement was distributed and voted on by employees, but the version of the Agreement that was provided to the Fair Work Commission (the Commission) for approval contained an error in relation to this provision.

[3] The incorrect version of clause 5.10.4 that was published is stated below:

“Employee Contribution	Employer Contribution
3%	3%
4%	4%
5%	5%”

[4] The correct version of clause 5.10.4 is states:

“Employee Contribution	Employer Contribution
3%	1%
4%	2%
5%	3%”

[5] Correspondence was sent to parties requesting evidence from the Applicant and the Union confirming the correction provision was present on the copy of the Agreement that was put before employees during the notice period and subsequently voted on. Both parties affirmed these circumstances.

[6] Dr Paul Noel Giles, Assistant Secretary/Treasurer of the Union provided a statutory declaration confirming that the copy of the Agreement circulated and voted on by employees, contained the correct provision. He set out that after being distributed to employees the Agreement was reviewed and edited to remove some explanatory “mark ups”. He stated that during this review process, a portion of the Agreement became corrupted, such that the incorrect table relating to co-contributions towards superannuation appeared in the document.

[7] Mr Giles further submitted that on or about 25 November 2019, Ms Rebecca Sisson, Assistant Secretary, discovered that the document lodged with the Commission contained the corrupted information, in this provision.

[8] Mr Michael Thomas, Director, Industrial Services with the Union also provided a statutory declaration confirming that he had read Mr Giles’ statutory declaration, and that he had confirmed with delegates the accuracy of that account and believed the corrected version of the Agreement was the version that was put to employees and subsequently voted on.

[9] S.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.

[10] Based on the material provided, the error constituted a technical error and that the correct version of the clause 5.10.4 of the Agreement was circulated and voted on by employees of the Applicant.

[11] On this basis I exercise my discretion pursuant to s.602 to amend the Agreement as published to include the correct provision of clause 5.10.4.

[12] In accordance with s.602 of the Act, the Decision issued by the Commission on 18 October 2019, [2019] FWCA 7239 is amended so that the Agreement is replaced with the version of the Agreement attached to this decision.

[13] I Order accordingly.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<PR715971>