DECISION

Fair Work Act 2009
s.602 - Application to correct obvious error(s) etc. in relation to FWC's decision

Lobethal Abattoirs Pty Ltd T/A Lobethal Abattoirs (SA) Pty Ltd
(ADM2019/12)

Application for an order varying the decision of Commissioner Platt of 4 June 2019 [2019] FWCA 3860.

[1] On 4 June 2019, the enterprise agreement known as the (Thomas Foods International) Lobethal Abattoirs Pty Ltd Maintenance Technician Enterprise Agreement 2019 (the Agreement) was approved. 1

[2] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) was noted as being covered by the Agreement.

[3] On 21 November 2019, Lobethal Abattoirs Pty Ltd T/A Lobethal Abattoirs (SA) Pty Ltd (the Applicant) made an application pursuant to s.602 of the Fair Work Act 2009 (Cth) to correct an obvious error or defect, in that the reference to the Meat Industry Award 2010 (MIA) in paragraph 1 of the undertaking, should instead be the Manufacturing and Associated Industries Award 2010.

[4] The Agreement contains a definition of Award which identifies the Manufacturing and Associated Industries Award 2010.

[5] The Applicant has provided written submissions in support and the application is not opposed by the AMWU.

[6] I find that the inclusion of the reference to the Meat Industry Award 2010 in the undertaking is an obvious error and that it is appropriate to correct that error pursuant to s.602 of the Act.

[7] Accordingly, I order that the reference to the Meat Industry Award 2010 (MIA) in paragraph 1 of the undertaking, will be replaced with the Manufacturing and Associated Industries Award 2010.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE503756  PR715613 >

 1   [2019] FWCA 3860