National Union of Workers

[2019] FWC 3136

[2019] FWC 3136

The attached document is amended to correct the MNC code of the approval decision which should be [2019] FWCA 354.

Associate to COMMISSIONER LEE

8 May 2019

[2019] FWC 3136

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2018/6733)

Storage services
COMMISSIONER LEE	SYDNEY, 8 MAY 2019

Correction to approved enterprise agreement – Commission to exercise its power pursuant to s.602 of the Act – correction to decision [2019] FWCA 354 issued on 22 January 2019 in matter AG2018/6733 Application for approval of the STOLTHAVEN AUSTRALIA PTY LTD & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2018.

[1] An application has been made for approval of an enterprise agreement known as the STOLTHAVEN AUSTRALIA PTY LTD & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the National Union of Workers (the Applicant). The Agreement is a single enterprise agreement.

[2] The Agreement was approved by the Fair Work Commission (the Commission) on 22 January 2019 pursuant to s.186 of the Act, with decision reference [2019] FWCA 354.

[3] Following approval of the Agreement, the Applicant contacted the Commission and advised that the version of the Agreement approved is not signed by a representative of the employees covered by the Agreement. On 7 May 2019, the Applicant provided a revised version of page 56 of the Agreement with all the relevant signature requirements. I am satisfied that it is appropriate to accept the revised page.

[4] Section 602 of the Act provides that the Commission may correct or amend any obvious error, defect or irregularity (whether in substance or form) in relation to a decision of the Commission, other than one contained in a Modern Award or National Minimum Wage Order. The following note also indicates that if the Commission makes a decision to make an instrument it may also correct that instrument in accordance with the provisions of the section.

[5] In accordance with s.602 of the Act, the decision issued by the Commission on 22 January 2019, [2019] FWCA 354 is amended so that the Agreement is replaced with the version of the Agreement attached to this decision.

COMMISSIONER

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