CORRECTION TO DECISION

Fair Work Act 2009
s.604—Appeal of decision

Derbarl Yerrigan Health Service Inc.
(C2018/1383)

Correction to paragraphs [32] and [35] of Decision ([2018] FWCFB 2721) issued on 29 June 2018.

[1] The Decision issued by this Full Bench on 29 June 2018 ([2018] FWCFB 2721) is corrected by amending the declarant’s name in the reference to the Form F18 filed by the ASU in matter number AG2016/6758 on 27 October 2016. The name of the declarant is replaced with Ayen Nyariel. The following paragraphs is to read as follows:

“[32] Further, we mention that the Form F18 filed by the ASU in matter number AG2016/6758 on 27 October 2016 declared that “the union was a bargaining representative for the Agreement”; that the union supported the approval of the Agreement; and that “with respect to the matters contained in the employer’s Form F17 statutory declaration”, the declarant, Ayen Nyariel, the Industrial Officer “agree with the statutory declaration”. There is no evidence presently before the Commission that would support the truthfulness of these declarations.

…

“[35] Furthermore, for the reasons set out above, we consider that there are reasonable grounds to suspect that an offence may have occurred in relation to the statutory declaration made by Mr Chibale on 21 October 2016 in support of the application for approval of the Agreement. We have also formed the view that the ASU statutory declaration, signed and filed by Ayen Nyariel may also have been declared or filed contrary to law. Accordingly we will provide the declarations together with a copy of this decision and the chronology of events and witness statements to the General Manager of the Commission for the purpose of referral to the Australian Federal Police for investigation.”

VICE PRESIDENT

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