Specialty Packaging Group Pty Ltd T/A North West Packaging

[2018] FWC 6801

[2018] FWC 6801

FAIR WORK COMMISSION

FURTHER DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Specialty Packaging Group Pty Ltd T/A North West Packaging
(AG2018/2670)

Graphic Arts
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 2 NOVEMBER 2018

Correction to approved enterprise agreement – Commission to exercise its power pursuant to section 602 of the Act.

[1] An application has been made for approval of an enterprise agreement known as the Orora Specialty Packaging Northwest Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act).

[2] The Agreement was approved by the Fair Work Commission (the Commission) on 22 October 2018 pursuant to section 186 of the Act, with the decision reference [2018] FWCA 6491.

[3] Following the approval of the Agreement, on 23 October 2018, the Applicant advised the Commission that an error had been identified in the Agreement at Clause 13. Clause 13 outlines the minimum rates of pay and provides a table outlining these rates at the commencement of the agreement, at 1 April 2019 and at 1 April 2020.

[4] The Applicant submits that the table headings ‘1 April 2019 and 1 April 2020’ are errors and should read ‘1 June 2019 and 1 June 2020’, to be consistent with Clause 12(b) and Clause 12(c) of the Agreement.

[5] I note that the Agreement covers the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (the Union). The Union submits that it has been made aware of the error and does not oppose the correction.

[6] 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. A 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.

[7] I am satisfied based on the correspondence received from the Applicant and the Union that the version of the Agreement containing incorrect table headings was the result of a genuine error. Accordingly, I am satisfied that it is appropriate to exercise the power under section 602 of the Act to correct the errors in the table headings at Clause 13 of the Agreement.

[8] In accordance with section 602 of the Act, the decision issued by the Commission on 22 October 2018, [2018] FWCA 6491, is amended so that the Agreement is replaced with the version of the Agreement attached to this decision.

COMMISSIONER

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