GENERAL PROTECTIONS – identity of employer – ss.365, 586, 604 Fair Work Act 2009 – appeal – Full Bench – at first instance the Commission declined to allow an amendment to correct an error in the description of the appellant’s former employer – appellant used trading name of related American company with Australian company ABN and contact details – grounds of appeal included that the Commission approached the issue by asking a wrong question, namely whether the mistake was induced by the employer or whether there was a rational explanation for the mistake – s.586(a) of FW Act provides that the Commission may ‘allow a correction or amendment of any application, or other document relating to a matter before the FWC, on any terms that it considers appropriate’ – discretionary power conferred by s.586(a) is broad, and includes but is not confined to the correction of mistakes – an appeal from a decision to exercise, or to refuse to exercise, a discretionary power must involve the demonstration of error in the decision-making process at first instance – Full Bench satisfied the Decision at first instance was attended by appealable error in a number of respects – Commission did not take into account the ABN/ACN or the trading name, but simply assumed that the name of the entity given identified it as the American corporation – not reasonably open for the Commission to conclude that the description of the respondent in the s.365 application was not the subject of an error – permission to appeal granted – appeal upheld – Decision and Certificate quashed – s.365 application amended to substitute ‘HDR Pty Limited’ for ‘HDR Inc.’ as the name of the respondent – matter referred to McKenna C to deal with in accordance with s.368. Appeal by Sinden against decision of Kovacic DP of 7 September 2018 [[2018] FWC 5643] Re: HDR Inc.; HDR P/L
…
