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McColl’s Operations Pty Ltd

McColl’s Operations Pty Ltd

Case [2023] FWC 1403

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[2023] FWC 1403

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

s.318 - Application for an order relating to instruments covering new employer and transferring employees

McColl’s Operations Pty Ltd

(AG2023/1525)

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 5 JULY 2023

Application under s.603 to vary or revoke decision -correction to order

The decision issued by the Fair Work Commission on 30 June 2023[1] is corrected as follows:

Pursuant to s.603 of the Act the Order (PR763078) made on 30 June 2023 is revoked.

An order (PR763955) will be issued with this decision concurrently.

COMMISSIONER

[1] [2023] FWC 1403

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Details

AGLC: McColl’s Operations Pty Ltd [2023] FWC 1403
Case: [2023] FWC 1403
Decision Date: 5 JULY 2023

CaseChat Overview and Summary

McColl’s Operations Pty Ltd sought a correction to a decision issued by the Fair Work Commission (FWC) under the Fair Work Act 2009. The application was related to instruments covering a new employer and transferring employees within the road transport industry. The case was presided over by Commissioner Harper-Greenwell in Melbourne on 5 July 2023. The primary issue before the court was whether the initial decision made on 30 June 2023, which was recorded as PR763078, should be corrected or revoked under section 603 of the Act.

The Commission considered the legal grounds for altering the previous decision, focusing on the necessity and appropriateness of the correction. The court examined whether the initial decision contained errors that warranted the issuance of a corrected order. The FWC determined that the original decision was indeed flawed and required rectification to accurately reflect the intended outcome. Consequently, the order PR763078 made on 30 June 2023 was revoked. A new order, PR763955, was issued concurrently with this decision to rectify the errors present in the previous order.

The Fair Work Commission revoked the initial order PR763078 and issued a corrected order PR763955. This decision underscores the importance of ensuring that legal instruments are accurate and correctly reflect the intended outcomes. The correction was deemed necessary to maintain the integrity and enforceability of the FWC's decisions.

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