Schindler Lifts Australia Pty Ltd

[2022] FWC 2963

[2022] FWC 2963

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.602 - Application to correct obvious error(s) etc. in relation to FWC's decision

Schindler Lifts Australia Pty Ltd

(ADM2022/3)

Schindler Lifts Australia Pty Ltd (SA) Service & Repairs Enterprise Agreement 2022 – 2025

Building services
COMMISSIONER LEE	MELBOURNE, 8 NOVEMBER 2022

Application for a correction to a decision pursuant to s.602

1. Schindler Lifts Australia Pty Ltd (the Applicant) has made an application under s.602 of the Fair Work Act 2009 (FW Act) for the Commission to correct an obvious error in a decision issued on 19 October 2022 in [2022] FWCA 3650 (the Decision). The Decision is in relation to the application for approval of the Schindler Lifts Australia Pty Ltd (SA) Service & Repairs Enterprise Agreement 2022 – 2025 (the Agreement). The Agreement was approved.

1. The Applicant seeks “An order for the legal name of the Applicant in the enclosed Decision to be amended/corrected from ‘Subrina Sadique T/A Schindler Lifts Australia Pty Ltd’ to ‘Schindler Lifts Australia Pty Ltd’.” In a letter attached to the application made under s.206, the Applicant’s representative states as follows:

“Our client seeks an order under section 602 of the Fair Work Act 2009 (Cth) that the enclosed Schindler Lifts Australia Pty Ltd (SA) Service & Repairs Enterprise Agreement 2022-2025 (the Agreement) be amended to change the legal name of the company from ‘Subrina Sadique T/A Schindler Lifts Australia Pty Ltd’ to ‘Schindler Lifts Australia Pty Ltd’.

At the time of the lodgement, our client made this error and is seeking for such to be corrected.”

1. Being a bargaining representative for the Agreement, I sought the views of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) in relation to the application. The CEPU responded as follows:

“Thank you for providing a copy of the application by Schindler Lifts Australia. The CEPU SA Branch has no objections to this application to correct an error.”

Consideration

1. Section 602 of the FW Act states as follows:

“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.”

1. The Form F16 application lodged for approval of the Schindler Lifts Australia Pty Ltd (SA) Service & Repairs Enterprise Agreement 2022 – 2025 contained the name of the Applicant’s Senior HR Business Partner, Subrina Sadique, in the field marked “Legal name of the Applicant”. This information was reflected in the Decision. However, it is clear this is an obvious error, as the application was made by Subrina Sadique on behalf of the Applicant, Schindler Lifts Australia Pty Ltd. I therefore consider it appropriate to correct the obvious error in the Decision pursuant to s.602 of the FW Act.

1. The Decision is corrected such that any reference to “Subrina Sadique T/A Schindler Lifts Australia Pty Ltd” shall read only as “Schindler Lifts Australia Pty Ltd”. An order will be issued to this effect.

COMMISSIONER

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