Fair Work Act 2009

s.602—Correcting obvious errors etc. in relation to the FWC’s decision

s.394—Unfair dismissal

Mark Peters
v
Red Telecom Pty Ltd
(U2019/4847)

Application for an unfair dismissal remedy – obvious error - correcting quantum of compensation.

[1] On 8 November 2019 I issued a decision in this matter ([2019] FWC 7677 PR714098), in which I found that Mr Peters’ dismissal was unfair, and made an order for compensation in his favour.

[2] An obvious error has been identified at paragraph 85 of the decision in which Mr Peters’ earnings were incorrectly referred to as ‘weekly’ rather than ‘fortnightly’. The effect of the error is that the compensation ordered was incorrectly calculated.

[3] Section 602 of the Act provides that the Commission may correct an obvious error, defect or regularity in relation to a decision. It states:

Section 602 – Correcting obvious errors etc. in relation to the FWC’s decisions

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

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

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

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

(a) on its own initiative; or

(b) on application.

[4] In the circumstances of this matter, I am satisfied that the decision should be corrected pursuant to s.602 of the Act as follows:

1. By deleting the word ‘weekly’ appearing at paragraph [85] and replacing it with the word ‘fortnightly’.

2. By deleting the amount of ‘$24,556.40” appearing at paragraph [94] and replacing it with the amount “$12,278.20.

[5] An order to this effect is issued with this Decision.

DEPUTY PRESIDENT

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