Application by Australian Resources And Energy Employer Association (Areea)
Citation: [2026] FWC 2659
At a glance
- Awards cited
- MA000062
What happened
The Australian Resources and Energy Employer Association (AREEA) applied to correct an error in clause 17.2 of the Hydrocarbons Industry (Upstream) Award 2020. This clause incorrectly references clause 16.8, which deals with storms and cyclones. The Fair Work Commission initiated proceedings on its own initiative under section 160 of the Fair Work Act 2009 to address this error. A drafting mistake occurred between the exposure draft and final award publication.
What was decided
The Fair Work Commission President provisionally agreed that clause 17.2 contained an error. The Commission intends to correct it by changing the reference from clause 16.8 to clause 17. Interested parties were invited to submit comments on this proposed change and a draft determination. If no objections are received, a final determination will be made.
What it means for employers
Employers should review modern awards for potential errors or inconsistencies. This case highlights the importance of careful drafting during award reviews and consolidation processes. It also demonstrates that even if an employer lacks standing to initiate an application, the Commission can act on its own initiative to correct errors in awards.
What it means for employees
Employees should be aware that modern awards are subject to review and correction. This case shows how errors in awards will be addressed by the Fair Work Commission, ensuring clarity and accuracy in workplace conditions.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →