OfficeMax Australia Limited
[2017] FWC 2861
•24 MAY 2017
| [2017] FWC 2861 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
OfficeMax Australia Limited
(AG2016/5071)
OfficeMax Australia Limited Tasmanian Employee Enterprise Agreement 2016-2018
| Tasmania | |
| Commissioner Lee | MELBOURNE, 24 MAY 2017 |
Correction to approved enterprise agreement - Commission to exercise its power pursuant to s.602 of the Act - correction to decision [2016] FWCA 7022 issued on 29 September 2016 in matter AG2016/5071.
An application has been made by OfficeMax Australia Limited (the Applicant) for approval of a single-enterprise agreement known as the OfficeMax Australia Limited Tasmanian Employee Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).
The Agreement was approved by the Fair Work Commission (the Commission) on 29 September 2016 pursuant to s.186 of the Act, with decision reference [2016] FWCA 7022.
Following approval of the Agreement, the Applicant advised the Commission that an error had been identified clause 17.7.1 of the Agreement. The clause relates to severance pay and contains two incorrect cross-references to clause 21 and clause 20.1 of the Agreement, which have no relevance to the clause. Clause 17.7.1 is to be corrected by deleting the cross-reference to clause 21 and clause 20.1 and inserting a cross-reference to clause 18.2 and clause 17.1 respectively.
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. A 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.
I am satisfied that the incorrect cross-references in clause 17.7.1 are a result of a genuine error.
I am satisfied that it is appropriate to exercise the power under s.602 of the Act to correct the cross-references in clause 17.7.1 of the Agreement.
In accordance with s.602 of the Act, the decision issued by the Commission on 29 September 2016, [2016] FWCA 7022 is amended so that the Agreement is replaced with the version of the Agreement attached to this decision.
An order giving effect to this decision has been issued separately in PR593201.
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