Life Without Barriers

[2020] FWC 5311

[2020] FWC 5311

FAIR WORK COMMISSION

DECISION

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

Life Without Barriers
(ADM2020/15)

Health and welfare services
COMMISSIONER MCKINNON	MELBOURNE, 5 OCTOBER 2020

Application to correct obvious error(s) etc. in relation to FWC’s decision.

[1] Life Without Barriers has applied under s.602 of the Fair Work Act 2009 (the Act) to correct an obvious error, defect or irregularity in relation to my Decision 1 and Order2 that the Health Services Union of Australia & MOIRA Inc – Disability, Early Intervention & Residential Sectors – Interim Award 2002 does not and will not cover Life Without Barriers and its employees.

[2] The application is made with the consent of the Health Services Union of Australia.

[3] I am satisfied that an obvious error was made in relation to the Decision and Order in the form of omitting three affected employees. The error occurred because each of the three employees were omitted from the list of transferring employees affected by the application provided to the Commission.

[4] The omission occurred in part because the employees were employed on a casual basis prior to the transfer of business. Two of the employees have since converted to part-time employment following the transfer of their employment to Life Without Barriers.

Disposition

[5] I am satisfied that the error should be corrected in the interests of certainty and to give effect to the intentions of the parties.

[6] An order is issued separately to this Decision.

COMMISSIONER

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 1   [2020] FWC 4642 (1 September 2020).

 2   PR722350.