Rivet Energy Aviation Pty Ltd

[2023] FWCA 2186

[2023] FWCA 2186

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.218A - application to vary an agreement to correct or amend errors, defects or irregularities

Rivet Energy Aviation Pty Ltd

(AG2023/2226)

RIVET ENERGY AVIATION PTY LTD ENTERPRISE AGREEMENT 2023

Road transport industry
COMMISSIONER PLATT	ADELAIDE, 17 JULY 2023

Application for variation of the Rivet Energy Aviation Pty Ltd Enterprise Agreement 2023

1. Rivet Energy Aviation Pty Ltd (the Applicant) has made an application pursuant to s.218(2)(b) of the Fair Work Act 2009 (the Act), to vary the Rivet Energy Aviation Pty Ltd Enterprise Agreement 2023 (the Agreement) to correct or amend an obvious error, defect or irregularity.

1. The Agreement was approved by the Commission on 27 June 2023 and commenced operation on 4 July 2023.[1] The Applicant is the Employer covered by the Agreement. The Transport Workers Union of Australia (TWU) is also covered by the Agreement.

1. The Applicant submits that after approval, it identified that clause 2.2 of the Agreement had the incorrect Annual Wage Increases table. A copy of the correct table is attached in Annexure A.

1. The Applicant seeks that the Agreement is corrected by replacing the Annual Wage Increases table in clause 2.2 of the published Agreement with Annexure A.

1. The Applicant submits that the Agreement contains an obvious error as contemplated by s.218A of the Act.

1. I note that the revised Annual Increases Table is consistent with the percentage wage increases contained in the explanatory material that was distributed to employees prior to the Agreement being made.

1. I have sought the views of the Bargaining Representative (Transport Workers’ Union of Australia). On 11 July 2023, the Transport Workers’ Union of Australia confirmed that they do not object to this application.

1. The parties were content for the matter to be determined on the material filed.

1. The error, which was not identified until after the Agreement was approved, is clearly an error of substance and an omission. This error would in my view fall within the scope of s. 218A(1).

1. My determination to vary the Agreement is in accordance with the requirements of s. 218A(2)(b) of the Act. The variation sought will operate from 17 July 2023. An order giving effect to this decision will be separately issued.

COMMISSIONER

Annexure A

[1] [2023] FWCA 1886

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