Thiess Pty Ltd; Balfour Beatty Pty Ltd

[2011] FWA 8921

[2011] FWA 8921

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.602 - Correcting obvious errors etc.

Thiess Pty Ltd; Balfour Beatty Pty Ltd
(AG2011/2597)

Building, metal and civil construction industries
COMMISSIONER RYAN	MELBOURNE, 16 DECEMBER 2011

Thiess Balfour Beatty Regional Rail Link Work Package C Alliance Agreement 2011.

[1] This matter concerns the correction of an obvious clerical error in the Thiess Balfour Beatty Regional Rail Link Work Package C Alliance Agreement 2011 (Agreement) which was approved by me on 7 October 2011 by me [PR515398]. 

[2] On 14 December 2011 Blake Dawson, solicitors acting for the joint applicants in this matter, emailed my chambers requesting a correction be made to the Agreement. The request was in the following terms:

‘Further to our telephone discussion this afternoon, we confirm that due to a clerical error, a wage table is missing from the Thiess Balfour Beatty Regional Rail Link Work Package C Alliance Agreement 2011 (Agreement).  The Agreement was approved on 7 October 2011. 

The relevant wage table is titled "Table 3: First full pay period commencing on or after 1 July 2013". 

Agreement page number 41 is the wage table that applies from the first full pay period after 1 July 2012.  It is headed "Table 2: First full pay period commencing on or after 1 July 2012".

Agreement page number 42 is the wage table that applies from the first full pay period after 1 July 2014.  It is headed "Table 4: first full pay period commencing on or after 1 July 2014". 

We are instructed that Table 3 was included in earlier drafts of the Agreement, but was inadvertently not included in the final version of the agreement as filed for approval.’

[3] Section 602 of the Act reads as follows:

“602 Correcting obvious errors etc. in relation to FWA’s decisions

(1) FWA may correct or amend any obvious error, defect or irregularity (whether in substance or form) in relation to a decision of FWA (other than an error, defect or irregularity in a modern award or national minimum wage order).

Note 1: If FWA makes a decision to make an instrument, FWA may correct etc. the instrument under this section (see subsection 598(2)).

Note 2: FWA corrects modern awards and national minimum wage orders under sections 160 and 296.

(2) FWA may correct or amend the error, defect or irregularity:

(a) on its own initiative; or

(b) on application.”

[4] Pursuant to s.602 of the Fair Work Act 2009 the Agreement will be corrected to include in Appendix B, table 3 between Table 2 and Table 4 at page 42. The Agreement as corrected is attached to this decision.

COMMISSIONER

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