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—Joinery and Building Trades Award 2020
(AM2021/67)

Joinery and Building Trades Award 2020 –provisional view to correct error–minimum hourly rates for part-time adult traineeships–clause E.4.2(e)(ii).

[1] In a statement issued on 18 June 2021 1 (the Statement) an error was identified in the Joinery and Building Trades Award 2020 (the Award) concerning the omission of hourly wage Level C rates of pay from Table 9 in clause E.4.2(e)(ii) of the Award, which provides for the minimum hourly rates of pay for part-time adult trainees undertaking an AQF Certificate Level IV traineeship.

[2] The Statement set 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 under s.160 of the Fair Work Act 2009 (the FW Act). I do not propose to repeat that background here.

[3] In the Statement I expressed the provisional view that the omission of hourly wage Level C rates of pay from Table 9 in clause E.4.2(e)(ii) of the Award constitutes an ‘error’ for the purposes of s.160 of the FW Act. To correct the error, I proposed inserting the Level C rates into Table 9 in the Award.

[4] A draft determination was published concurrently with the Statement and I stated that it was my provisional view the determination should operate from 24 June 2021.

[5] Parties were requested to file any submissions in opposition to the provisional views by 4pm on 22 June 2021.

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

COMMISSIONER

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 1   [2021] FWC 3516.