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

Printed by authority of the Commonwealth Government Printer

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

2 PR722350.

CaseChat Overview and Summary

The applicant, Life Without Barriers, sought to correct an error in a decision made by the Fair Work Commission. The dispute centred around the interpretation and application of employment law principles. The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the court was whether the Fair Work Commission's decision contained an obvious error that warranted correction. The court was required to examine the reasoning and findings of the Commission and determine if any errors were apparent on the face of the record. This involved assessing whether the Commission had correctly applied the law and whether the outcome was reasonably open to it based on the evidence presented.

The court concluded that an obvious error was present in the Commission’s decision. The Commission had misapplied a legal principle, leading to an incorrect outcome. The error was apparent on the face of the record and did not require an examination of evidence outside the record. Consequently, the court allowed the application and ordered the correction of the error. The Fair Work Commission’s decision was set aside, and the matter was remitted for reconsideration in accordance with the court’s directions.

Life Without Barriers

DECISION

Disposition

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established