DECISION

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

Lobethal Abattoirs Pty Ltd T/A Lobethal Abattoirs (SA) Pty Ltd
(ADM2019/12)

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 24 DECEMBER 2019

Application for an order varying the decision of Commissioner Platt of 4 June 2019 [2019] FWCA 3860.

[1] On 4 June 2019, the enterprise agreement known as the (Thomas Foods International) Lobethal Abattoirs Pty Ltd Maintenance Technician Enterprise Agreement 2019 (the Agreement) was approved. 1

[2] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) was noted as being covered by the Agreement.

[3] On 21 November 2019, Lobethal Abattoirs Pty Ltd T/A Lobethal Abattoirs (SA) Pty Ltd (the Applicant) made an application pursuant to s.602 of the Fair Work Act 2009 (Cth) to correct an obvious error or defect, in that the reference to the Meat Industry Award 2010 (MIA) in paragraph 1 of the undertaking, should instead be the Manufacturing and Associated Industries Award 2010.

[4] The Agreement contains a definition of Award which identifies the Manufacturing and Associated Industries Award 2010.

[5] The Applicant has provided written submissions in support and the application is not opposed by the AMWU.

[6] I find that the inclusion of the reference to the Meat Industry Award 2010 in the undertaking is an obvious error and that it is appropriate to correct that error pursuant to s.602 of the Act.

[7] Accordingly, I order that the reference to the Meat Industry Award 2010 (MIA) in paragraph 1 of the undertaking, will be replaced with the Manufacturing and Associated Industries Award 2010.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCA 3860

CaseChat Overview and Summary

Lobethal Abattoirs Pty Ltd, trading as Lobethal Abattoirs (SA) Pty Ltd, sought to correct an error in the enterprise agreement approved by the Fair Work Commission. The agreement in question was the (Thomas Foods International) Lobethal Abattoirs Pty Ltd Maintenance Technician Enterprise Agreement 2019, which was approved on 4 June 2019. The applicant identified an error in the agreement's undertaking, where a reference to the Meat Industry Award 2010 should instead be the Manufacturing and Associated Industries Award 2010. The Australian Manufacturing Workers’ Union, which was covered by the agreement, did not oppose the application.

The legal issue before the Commissioner was whether the error identified in the approved enterprise agreement constituted an obvious error warranting correction under section 602 of the Fair Work Act 2009. This section provides for the correction of obvious errors in relation to the Commission's decisions. The Commissioner needed to determine if the misreference to the Meat Industry Award 2010 was indeed an obvious error and if the correction sought was appropriate.

The Commissioner found that the reference to the Meat Industry Award 2010 in the agreement was indeed an obvious error, as the agreement itself defined "Award" to refer to the Manufacturing and Associated Industries Award 2010. The Commissioner considered the error to be obvious because it directly contradicted the definition provided within the agreement. Given that the applicant had provided written submissions in support of the correction and that the AMWU did not oppose the application, the Commissioner concluded that it was appropriate to correct the error pursuant to section 602 of the Act.

The Commissioner ordered that the reference to the Meat Industry Award 2010 in paragraph 1 of the undertaking would be replaced with the Manufacturing and Associated Industries Award 2010. This decision ensured that the enterprise agreement accurately reflected the terms defined within it, thereby maintaining consistency and clarity in the agreement's provisions.

Lobethal Abattoirs Pty Ltd T/A Lobethal Abattoirs (SA) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established