| FWC 3045|
|FAIR WORK COMMISSION|
Fair Work Act 2009
s.160—Application to vary a modern award to remove ambiguity or uncertainty or correct error
Variation on the Commission’s Own Motion—Concrete Products Award 2020
Cement and concrete products
JUSTICE ROSS, PRESIDENT
MELBOURNE, 31 MAY 2021
Variation of modern award to correct error – Concrete Products Award 2020 – Schedule C—Summary of Monetary Allowances – wage-related allowances –bituminous sprayer allowance—sand-blasting allowance – clause C.1.2 varied.
 In a statement issued on 12 May 2021 1 (the Statement) an error was identified concerning the description of the ‘Bituminous sprayer allowance—Sand-blasting allowance’ in clause C.1.2 of the Concrete Products Award 2020 (the Award).
 The Statement sets out the background to this issue, as well as the legislative framework for varying a modern award to remove ambiguity, uncertainty or to correct an error. I do not propose to repeat that background here.
 In the Statement I expressed the provisional view that the omission of the words ‘or part thereof’ from the fifth row of the table (Bituminous sprayer allowance—Sand-blasting allowance) in the ‘payable’ column in clause C.1.2 constitutes an ‘error’ for the purposes of s.160 of the Fair Work Act 2009 (Cth). To correct the error, I proposed inserting the words ‘or part thereof’ after the words ‘per hour’ in the fifth row of the table in clause C.1.2.
 A draft determination was published concurrently with the Statement and I stated that it was my provisional view the determination should operate retrospectively from 1 November 2020 (being the date the error was introduced into the Award).
 Parties were requested to file any submissions in opposition to the provisional views by 4pm on 26 May 2021.
 No submissions were received and accordingly I confirm my provisional views. A determination giving effect to the change will be issued with this decision.
Printed by authority of the Commonwealth Government Printer
1  FWC 2673.