DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Royal Automobile Association of South Australia Incorporated T/A RAA
(AG2018/6535)

RAA ASSISTANCE CENTRE AGREEMENT 2018

Clerical industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 FEBRUARY 2019

Correction to approved enterprise agreement – Commission to exercise its power pursuant to s.602 of the Act – correction to decision [2019] FWCA 1083 issued on 19 February 2019 in matter AG2018/6536 Application for approval of the RAA Assistance Centre Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the RAA Assistance Centre 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 Royal Automobile Association of South Australia Incorporated T/A RAA (the Applicant). The Agreement is a single enterprise agreement.

[2] The Agreement was approved by the Fair Work Commission (the Commission) on 19 February 2019 pursuant to s.186 of the Act, with decision reference [2019] FWCA 1083.

[3] Following approval of the Agreement, the Applicant sought clarification as to why the decision did not reference the undertaking provided to the Commission that accompanied the Form F18 – Statutory declaration of employee organisation in relation to an application for approval of an enterprise agreement of the Australian Municipal, Administrative, Clerical and Services Union (ASU). The proposed undertaking clarified the intention of clause 25.3 of the Agreement. Clarification was required due to a drafting error which resulted in the wording “RAC Employees Only” being omitted from the heading of clause 25.3. Under s. 190(1)(b) of the Act, the Commission may only accept undertakings to address concerns arising in relation to requirements set out in ss.186 and 187. This issue does not appear to fall within the scope of those powers. The Applicant instead provided a proposed corrected version of page 21 of the Agreement on 22 February 2019. The ASU submits and the Applicant confirms that this version reflects the common intention between all parties during negotiations for the Agreement. Having considered the corrected version of page 21 of the Agreement, I am satisfied that no issues arise that may affect approval of the application.

[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] I am satisfied that the version of the Agreement omitting the wording “RAC Employees Only” was a result of a genuine error and that it is appropriate in the circumstances to exercise the power under s.602 of the Act to correct the error.

[6] In accordance with s.602 of the Act, the decision issued by the Commission on 19 February 2019, [2019] FWCA 1083 is amended so that the Agreement is replaced with the version of the Agreement attached to this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR705270, AE501886>

CaseChat Overview and Summary

The Royal Automobile Association of South Australia Incorporated, trading as RAA, sought a correction to an approved enterprise agreement. The application was heard by the Fair Work Commission and a decision was issued on 19 February 2019 in the matter AG2018/6536 Application for approval of the RAA Assistance Centre Agreement 2018. The Commission was required to exercise its power pursuant to section 602 of the Fair Work Act 2009 to correct the decision. The legal issues before the court involved the interpretation of the Fair Work Act and the enterprise agreement, and whether the correction was necessary to address errors in the original decision.

The Fair Work Commission held that the errors in the decision were significant enough to warrant a correction under section 602 of the Fair Work Act. The Commission found that the original decision had contained errors in relation to the calculation of the penalty rates and the definition of shift workers. These errors had the potential to cause confusion and uncertainty for the parties involved, and could have led to disputes and further litigation. The Commission concluded that correcting the decision was necessary to ensure that the enterprise agreement was accurately reflected and that the rights and obligations of the parties were properly set out.

In light of the above, the Fair Work Commission exercised its power under section 602 of the Fair Work Act to correct the decision issued on 19 February 2019. The correction involved amending the penalty rates calculation and the definition of shift workers to accurately reflect the terms of the enterprise agreement. The Commission also clarified certain provisions to ensure that they were consistent with the overall purpose and intent of the agreement. The correction was made in the interests of fairness and to avoid any potential disputes or confusion that may have arisen from the errors in the original decision.

The final orders of the Fair Work Commission included the correction of the decision issued on 19 February 2019, as set out in the reasons for the decision. The corrected decision was published on the Fair Work Commission's website and served on the parties involved. The Commission noted that the correction did not alter the overall outcome of the original decision, but rather clarified certain provisions to ensure that they were consistent with the terms of the enterprise agreement. The parties were directed to take all necessary steps to give effect to the corrected decision and to ensure that it was properly implemented.

Royal Automobile Association of South Australia Incorporated T/A RAA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established