Royal Automobile Association of South Australia Incorporated T/A RAA

[2019] FWC 1223

[2019] FWC 1223

FAIR WORK COMMISSION

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

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