Sydney Harbour Federation Trust

[2016] FWC 8266

[2016] FWC 8266

FAIR WORK COMMISSION

FURTHER DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sydney Harbour Federation Trust
(AG2016/3152)

SYDNEY HARBOUR FEDERATION TRUST ENTERPRISE AGREEMENT 2016 - 2019

Commonwealth employment
COMMISSIONER LEE	MELBOURNE, 24 NOVEMBER 2016

Correction to approved enterprise agreement - Commission to exercise its power pursuant to s.602 of the Act - correction to decision [2016] FWCA 3362 issued on 26 May 2016 in matter AG2016/3152.

[1] Sydney Harbour Federation Trust (the Applicant) made an application for approval of an enterprise agreement known as the Sydney Harbour Federation Trust Enterprise Agreement 2016 – 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] The Agreement was approved by the Fair Work Commission (the Commission) on 26 May 2016 pursuant to s.186 of the Act, with decision reference [2016] FWCA 1717.

[3] Following approval of the Agreement, on 4 October 2016, an application was made to the Commission to correct an obvious error in the text of the Agreement. The application seeks that Schedule 3 of the Agreement is amended by deleting the words “per week” and substituting in their place the words “per fortnight” in relation to “First Aid Allowance”.

[4] The Applicant submits that this was an error in the final draft of the Agreement and that the previous enterprise agreement provided that the first aid allowance was paid per fortnight. Further that the change to the text relating to the frequency of payment of the first aid allowance amount was not the subject of discussion between the employer bargaining representatives and the employee bargaining representatives at any stage in the bargaining process for the Agreement. The Applicant submits that the error is manifestly clear.

[5] On 7 October 2016 the CPSU, the Community and Public Sector Union advised that it did not oppose the application.

[6] On 7 November 2016 my chambers wrote to the employee bargaining representatives for the Agreement advising that an application had been made which seeks to correct an obvious error in the text of the Agreement. A copy of the application was attached to this correspondence. The correspondence asked that if any employee bargaining representatives object to, and seek to make submissions in relation to the application that they advise my chambers by close of business Thursday 10 November 2016.

[7] My chambers has not received any emails or any phone calls from any employee bargaining representative objecting to or expressing any view about the application.

[8] 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.

[9] I am satisfied based on the information provided by the Applicant that the words “per week” in Schedule 3 of the Agreement are the result of a genuine error.

[10] I am satisfied that it is appropriate to exercise the power under s.602 of the Act to make the correction of replacing the approved Agreement with an amended version of the Agreement.

[11] In accordance with s.602 of the Act, the decision issued by the Commission on 26 May 2016, [2016] FWCA 3362 is amended so that the Agreement is replaced with the version of the Agreement attached to this decision.

[12] An order giving effect to this decision has been issued separately in PR587645.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, AE419132  PR587641>