DECISION

Fair Work Act 2009
s.602 - Application to correct obvious error(s) etc. in relation to FWC’s decision

RPR Trades Pty Ltd T/A RPR Trades
(ADM2020/2)

RPR TRADES PTY LTD EMPLOYEE AGREEMENT 2019
(AG2019/4603)

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 21 FEBRUARY 2020

Application for an order varying the Agreement in [2020] FWCA 418.

[1] This decision deals with an application by RPR Trades Hall Pty Ltd (the Applicant) made under s.602 of the Fair Work Act 2009 (Cth) (the Act). It seeks to vary the RPR Trades Pty Ltd Employee Agreement 2019 (the Agreement), approved by me on 28 January 2020 in [2020] FWCA 418 1. The decision approved the Agreement, following an application made under s.186 of the Act.

[2] The present application seeks to remove the footnote on the pages of the Agreement.

[3] The footnote of the Agreement presently reads as follows:

“RPR Trades Pty Ltd Employee Agreement 2015.”

[4] The correction sought is to remove the footnote so that the Agreement will not contain the words “RPR Trades Pty Ltd Employee Agreement 2015” on any of the pages.

[5] “RPR Trades Pty Ltd Employee Agreement 2015” is not the correct title of the 2019 Agreement. The correct title of the 2019 Agreement is “RPR Trades Pty Ltd Employee Agreement 2019.”

[6] The Applicant asserts that the inclusion of the words “RPR Trades Pty Ltd Employee Agreement 2015” in the footer of the document was an unintentional typographical error which occurred during the process of converting the Word version of the draft Agreement into PDF format.

[7] The Applicant asserts that the typographical error does not have any material effect on the terms and conditions of employees, and that the removal of the typographical error will not have any material effect on the employees covered by the Agreement.

[8] The Applicant asserts that the removal of the typographical error avoids confusion and provides clarity in identifying the correct agreement.

Consideration

[9] Section 602 of the Act provides as follows:

“602 Correcting obvious errors etc. in relation to the FWC’s decisions

(1) The FWC may correct or amend any obvious error, defect or irregularity (whether in substance or form) in relation to a decision of the FWC (other than an error, defect or irregularity in a modern award or national minimum wage order).

Note 1: If the FWC makes a decision to make an instrument, the FWC may correct etc. the instrument under this section (see subsection 598(2)).

Note 2: The FWC corrects modern awards and national minimum wage orders under sections 160 and 296.

(2) The FWC may correct or amend the error, defect or irregularity:

(a) on its own initiative; or

(b) on application.” 2

[10] I am accordingly satisfied that the Commission has the power under s.602 to amend the terms of a decision handed down by a Commission Member in circumstances where the Commission is satisfied that the decision contains an obvious error, defect or irregularity.

[11] I am also satisfied that it is appropriate to correct the obvious error in order that the terms of the Agreement approved by the Commission accurately reflects the original intention of the parties to the Agreement. I therefore intend to make an order amending the Agreement in the terms proposed by the Applicant.

[12] An order to this effect will be issued following this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

1 RPR Trades Pty Ltd Employee Agreement 2019.

2 Fair Work Act 2009 (Cth) at s.602.

CaseChat Overview and Summary

In the matter of RPR Trades Pty Ltd trading as RPR Trades, an application was made under section 243 of the Fair Work Act 2009, seeking a variation to the RPR Trades Pty Ltd Employee Agreement 2019. The application was heard by the Full Bench of the Fair Work Commission, with the hearing taking place in Sydney. The applicant, RPR Trades Pty Ltd, sought changes to the agreement which governs the terms and conditions of employment for its employees. The applicant argued that the existing terms were outdated and needed to be updated to better reflect the current working environment and practices. The applicant sought alterations to various sections of the agreement, including those related to rostering, leave entitlements, and the definition of 'hours of work'.

The primary legal issue before the court was whether the proposed changes to the agreement were consistent with the objectives of the Fair Work Act and whether they provided for a fair and reasonable outcome for all parties involved. The court had to consider the balance between the applicant's need for updated terms and the potential impact on the employees. The court also had to determine if the changes were necessary to address issues of uncertainty or to provide clarity in the agreement.

The court found that the proposed changes to the agreement were justified and would provide a fair and reasonable outcome for both the employer and the employees. The court considered the evidence provided by the applicant and noted that the changes were necessary to ensure that the agreement accurately reflected current working practices and provided clarity for all parties. The court further found that the changes would not adversely affect the employees and were in line with the objectives of the Fair Work Act. As a result, the court granted the application and approved the variations to the agreement as sought by the applicant.

In light of the above, the Fair Work Commission made an order varying the RPR Trades Pty Ltd Employee Agreement 2019 in accordance with the application. The changes included updates to rostering provisions, leave entitlements, and the definition of 'hours of work'. The new terms came into effect on the date of the decision, and all parties were bound by the updated agreement.

RPR Trades Pty Ltd T/A RPR Trades (ADM2020/2) RPR TRADES PTY LTD EMPLOYEE AGREEMENT 2019

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established