MSF Sugar Pty Ltd

[2024] FWCA 3421

[2024] FWCA 3421

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.218A - Variation of enterprise agreements to correct or amend errors, defects or irregularities

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

MSF Sugar Pty Ltd

(ADM2024/7)

SOUTH JOHNSTONE MILL ENTERPRISE BARGAINING AGREEMENT 2024

Sugar industry
COMMISSIONER MCKINNON	SYDNEY, 30 SEPTEMBER 2024

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

1. MSF Sugar Pty Ltd has applied under s.602 of the Fair Work Act 2009 (the Act) to correct and amend obvious errors in relation to allowances in the South Johnstone Mill Enterprise Bargaining Agreement 2024[1] (the Agreement). The application cannot be granted under s.602 because of the effect of s.603(3)(b), which relevantly provides that the Commission must not vary a decision to approve an enterprise agreement.

1. Despite s.602, the Commission can vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form) under s.218A of the Act. Such variations can be made either on application or on the Commission’s initiative. In circumstances where the changes are sought by MSF Sugar Pty Ltd and are for the benefit of employees, I consider it appropriate to exercise my initiative to vary the Agreement in the terms sought by MSF Sugar Pty Ltd.

1. The following clauses of the Agreement are varied:

1. In clause 5.8.1(c) (general disability allowance), the amount “$0.81” is replaced with the amount “$0.95”.
2. In clause 5.8.8(e) the word “not” is removed.
3. In clause 5.8.11 (emergency response allowance), the reference to “clause 5.8.17” is replaced with a reference to clause “5.8.13”.
4. In clause 5.8.13 (first aid duty), the amount “$16.18” is replaced with the amount “$19.04”.

1. The variation will operate from 5 July 2024. A consolidated version of the Agreement, incorporating the variations, is attached to this decision. 

COMMISSIONER

[1] AE525240; [2024] FWCA 2413.

Printed by authority of the Commonwealth Government Printer

<AE525240  PR779791>