Fair Work Act 2009

s.604 - Appeal of decision

Application to correct 'obvious error' - application dismissed

[1] In our decision published on 26 March 2019[1] (Decision) we refused Mrs Inna Grabovksy's application for permission to appeal against a decision of Commissioner Johns dismissing an application made by her under s.739 of the Fair Work Act 2009 (Act).

[2] On 15 April 2019 Mr Igor Grabovsky filed an application by Mrs Grabovksy under s.602 of the Act seeking that we correct various purported 'obvious errors, defects or irregularities' in our Decision. We gave United Protestant Association NSW Ltd an opportunity to express its view on the application if it wished to do so. It did not respond.

[3] In a document of 71 pages in length, Mr Grabovsky sets out the purported errors that he says should be corrected, the effect of which would result in the removal of 12 of the 30 paragraphs of the Decision.

[4] As should be clear from the terms of s.602 and as the Explanatory Memorandum to the Fair Work Bill 2008 makes clear, s.602 is intended to be a statutory analogue for the 'slip rule' used by superior courts to correct certain errors in orders.[2] We do not consider the Decision to be affected by any obvious errors, defects or irregularities amenable to correction under s.602 of the Act. The application is therefore dismissed.

[5] If Mrs Grabovksy is aggrieved by the Decision or by this decision she may seek judicial review in the Federal Court of Australia.

[6] We do not propose to engage further with Mrs Grabovsky or Mr Grabovksy about either decision.

[1] [2019] FWCFB 1964

[2] Explanatory Memorandum to the Fair Work Bill 2008 at [2316]; see also Construction, Forestry, Mining and Energy Union; Re Timber and Allied Industries Award 1999 [2003] AIRC 1137 [PR937647] at [29]-[30] per Munro J in respect of the equivalent provision in 111(1)(q) of the Workplace Relations Act 1996

Printed by authority of the Commonwealth Government Printer