Young Rabbit Pty Ltd T/A Australian Pacific College

[2018] FWCA 2455

[2018] FWCA 2455

FAIR WORK COMMISSION

CORRECTION TO decision

Fair Work Act 2009

s.185—Enterprise agreement

Young Rabbit Pty Ltd T/A Australian Pacific College

(AG2017/6204)

Australian Pacific College (Teachers) Agreement 2018

Educational services
COMMISSIONER JOHNS	SYDNEY, 24 MAY 2018

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

1. An application has been made by Young Rabbit Pty Ltd T/A Australian Pacific College (the Applicant) for approval of a single enterprise agreement known as the Australian Pacific College (Teachers) Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

1. The Agreement was approved by the Fair Work Commission (the Commission) on 2 May 2018 pursuant to s. 186 of the Act, with the decision reference [2018] FWCA 2455. 

1. Following approval of the Agreement, on 4 May 2018, the Applicant advised the Commission that an error had been identified in the Agreement. Clauses 3 and 4 of the Agreement were incorrect as to the coverage and definitions.

1. The Applicant requested that the following amendments be made:

1. By amending the definition of ‘Employer’ in clause 3 of the agreement by adding ‘and YR Services Pty Ltd (ABN 58 117 124 384) T/A English Unlimited Sydney’ at the end.

2. By amending clause 4 of the agreement by adding the words ‘at the Campuses’ at the end of the first sentence.

3. By inserting the following definition for ‘Campuses’ in clause 3 of the agreement:

‘Campuses’ means the Employer’s campuses at Kent Street, Sydney New South Wales 2000 and Clarence Street, Sydney New South Wales 2000, or any campus or campuses to which either of those campuses relocates.’

1. The Applicant submits that this is an obvious error and requests the Commission exercise its power under s.602 of the Act to correct the Agreement. The Applicant provided the Commission with a proposed corrected version of the Agreement which included the corrections sought.

1. I note that the Agreement was made with the Independent Education Union of Australia and the Agreement covers the organisation. The Applicant submits that the Independent Education Union has been made aware of the error and does not oppose the correction.

1. I am satisfied based on the correspondence received from the Applicant and having considered the error and the proposed corrected version of the Agreement that the error was as a result of a genuine error.

1. 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.

1. 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.

1. I am satisfied that it is appropriate to exercise the power under s.602 of the Act to correct the errors at clauses 3 and 4 of the Agreement.

1. In accordance with s. 602 of the Act, the decision issued by the Commission on 2 May 2018, [2018] FWCA 2455 is amended so that the Agreement is replaced with the version of the Agreement attached to this decision.

COMMISSIONER

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