In a recent decision regarding enterprise agreements, the Fair
Work Commission (the "FWC") has
confirmed that it does not have the power to correct an
"obvious error" in already-approved agreements.
In this case, the employer made an obvious error when drafting
the agreement by omitting the word "casual" in a clause
when describing those employees that would be entitled to receive
higher weekend penalty rates. The consequence of this mistake was
to extend the benefit of the higher weekend penalty payment to all
employees, while the employer only wanted this provision to apply
to casual employees.
Section 602 of the Fair Work Act 2009 (Cth) (the "FW
Act")
The employer made the application pursuant to s602 of the FW Act
which states that "the FWC may correct or amend any obvious
error, defect or irregularity in relation to a decision of the FWC.
If the FWC makes a decision to make an instrument, the FWC may
correct the instrument under this subsection".
