DECISION

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
(AM2021/5)

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.

[1] 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).

[2] 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.

[3] 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.

[4] 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).

[5] Parties were requested to file any submissions in opposition to the provisional views by 4pm on 26 May 2021.

[6] No submissions were received and accordingly I confirm my provisional views. A determination giving effect to the change will be issued with this decision.

PRESIDENT

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 1   [2021] FWC 2673.