Specialty Packaging Group Pty Ltd T/A Opal Specialty Packaging

[2020] FWCA 4588

[2020] FWCA 4588

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Specialty Packaging Group Pty Ltd T/A Opal Specialty Packaging
(AG2020/2394)

SPECIALTY PACKAGING GROUP (QUEENSLAND) ENTERPRISE AGREEMENT 2020

Graphic Arts
COMMISSIONER SPENCER	BRISBANE, 8 SEPTEMBER 2020

Application for approval of the Specialty Packaging Group (Queensland) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Specialty Packaging Group (Queensland) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Specialty Packaging Group Pty Ltd T/A Opal Specialty Packaging (the Applicant). The Agreement is a single enterprise agreement.

[2] On 28 August 2020, the Applicant identified a number of typographical errors in the Agreement and submits these are obvious errors and requests the Commission exercise its power under s.602 of the Act to correct the Agreement. The Applicant provided the Commission with replacement pages of page 6 and page 11 of the Agreement. In summary, the errors were as follows:

● On page 6, an auto-numbering error adjusted the numbering of clauses 3.5.3-3.5.5;

● On page 11, a cross-referencing error in clause 3.11.7(a) referred an incorrect clause in relation to redundancy when it should have referred to clause 3.11;

● On page 11, a cross-referencing error identified clause 2.2 when it should have referenced clause 2.4 (Avoidance or Settlement of Disputes); and

● On page 11, a cross-referencing error referred to clause 3.10.1 when it should have referenced clause 3.11 (Redundancy).

[3] 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.

[4] I am satisfied based on the correspondence from the Applicant that as a result of a genuine error, the incorrect version of the Agreement was submitted for approval.

[5] I am satisfied that it is appropriate to exercise the power under s.602 of the Act.

[6] I am also satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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