Redpath Australia Pty Ltd

[2019] FWCA 1989

[2019] FWCA 1989

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Redpath Australia Pty Ltd
(AG2018/5574)

REDPATH AUSTRALIA PTY LTD - SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2018

Mining industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 28 MARCH 2019

Application for approval of the Redpath Australia - South Australia Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Redpath Australia - South Australia Enterprise Agreement 2018 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act), by Redpath Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] On 4 October 2018, the Applicant submitted an application under s 586 of the Act to amend the Agreement and correct typographical errors that it had identified. These errors were in the table in cl 12.6 of the Agreement.

[4] In submissions dated 14 March 2019, the Applicant provided the following comparison table for the Commission’s reference:

Figure 1: Uncorrected

Flat rate for Hours worked in Excess of Rostered Hours (each shift stands alone)

Figure 2: Corrected

Flat rate for Hours worked in Excess of Rostered Hours (each shift stands alone)

$42.92

$42.92

$44.96

$45.00

$46.63

$46.74

$47.98

$52.54

$54.32

$55.78

$53.84

$53.84

$58.64

$59.12

[5] The Applicant submitted that the corrections identified as ‘Figure 2’ accurately reflected the Agreement with reference to cl 13.2, so that the amounts were double the ‘Minimum Hourly Rate’.

[6] The Applicant identified another set of typographical errors in the ‘Nominal Rate per Shift Worked’ column in the table, which were the result of rounding errors. Those were as follows:

Figure 3: Uncorrected	Figure 4: Corrected
$324.96	$324.97
$340.68	$340.71
$353.88	$353.89
$397.80	$397.80
$422.28	$422.33
$397.80	$397.80
$447.60	$447.62

[7] I am satisfied that the corrections should be made and that it is appropriate to do so under s 586. The amended tables are included in the published Agreement.

[8] The Agreement was approved on 28 March 2019 and, in accordance with s 54, will operate from 4 April 2019. The nominal expiry date of the Agreement is 27 March 2023.

DEPUTY PRESIDENT

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