Stowe Australia Pty Ltd - Canberra Division T/A Stowe Australia Pty Ltd

[2022] FWC 1224

[2022] FWC 1224

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Stowe Australia Pty Ltd - Canberra Division T/A Stowe Australia Pty Ltd

(AG2021/9193)

Stowe Australia Pty Ltd - Canberra Division CanberraHospital Project Single Enterprise Agreement 2021

Electrical contracting industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 19 MAY 2022

Application for approval of the Stowe Australia Pty Ltd - Canberra Division Canberra Hospital Project Single Enterprise Agreement 2021

Introduction and background

1. On 2 February 2022, The Fair Work Commission (the Commission) issued a decision (the Decision) approving the Stowe Australia Pty Ltd - Canberra Division Canberra Hospital Project Single Enterprise Agreement 2021 (the Agreement).[1] However, there is an obvious error in the Decision that warrants correction under s 602 of the Fair Work Act 2009 (Cth) (the Act).

1. The obvious error, for which a correction is required, relates to paragraph [6] of the Decision which states: The agreement was approved on 2 February 2022 and, in accordance with s 54, will operate from 9 February 2022. The Nominal expiry date of the Agreement is 9 February 2026.

1. Section 186(5)(b) of the Act requires an agreements nominal expiry not be more than four years after the day on which the Commission approves an agreement. Consequently, the obvious error in the Decision is the incorrect statement of the nominal expiry date as four years from the operative date of the Agreement, rather than four years from the date the Agreement was approved.

Relevant Legislation

1. Section 602 of the Act provides:

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.

Consideration

1. I am satisfied that the stated date of expiry of the Agreement on the Decision was an obvious error in relation to the Decision of the type that is capable of correction pursuant to s 602 of the Act.

1. I am further satisfied that it is appropriate to exercise the power under s 602 of the Act to correct the Decision by amending paragraph [6], so that the nominal expiry of the Agreement is 2 February 2026.

1. In accordance with s 602 of the Act, the Decision issued by the Commission on 2 February 2022 is amended so that the nominal expiry date of the Agreement is four years from the approval date of the Agreement, instead of the operative date of the Agreement.

DEPUTY PRESIDENT

[1] [2022] FWCA 315.

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