Regis Aged Care Pty Ltd T/A Regis Aged Care

[2020] FWC 1296

[2020] FWC 1296

FAIR WORK COMMISSION

FURTHER DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regis Aged Care Pty Ltd T/A Regis Aged Care
(AG2020/11)

REGIS AGED CARE PTY LTD NSW ENTERPRISE AGREEMENT 2018

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 MARCH 2020

Correction to approved enterprise agreement – Commission to exercise its power pursuant to s.602 of the Act – correction to decision [2020] FWCA 971 issued on 5 March 2020 in matter AG2020/11 - Application for approval of the Regis Aged Care Pty Ltd NSW Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Regis Aged Care Pty Ltd NSW 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 Regis Aged Care Pty Ltd T/A Regis Aged Care (the Applicant). The Agreement is a single enterprise agreement.

[2] The Agreement was approved by the Fair Work Commission (the Commission) on 5 March 2020 pursuant to s.186 of the Act, with decision reference [2020] FWCA 971.

[3] Following approval of the Agreement, the Applicant alerted the Commission that amended pages provided to the Commission on 6 February 2020 were not included in the approved Agreement.

[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. 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.

[5] I am satisfied based on the correspondence from the Applicant that as a result of a genuine error, the Agreement was approved on 5 March 2020 without the amended pages filed with the Commission on 6 February 2020.

[6] I am satisfied that it is appropriate to exercise the power under s.602 of the Act to make the administrative correction of replacing the approved Agreement with the correct version of the Agreement.

[7] In accordance with s.602 of the Act, the decision issued by the Commission on 5 March 2020, [2020] FWCA 971 is amended so that the Agreement is replaced with the version of the Agreement attached to this decision.

DEPUTY PRESIDENT

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