Anthony Shufflebotham

In the Fair Work Commission, the applicant, Geelong Grammar School, sought approval of a variation to the Geelong Grammar School Quayclean Enterprise Agreement 2019. The proposed variation aimed to correct or amend obvious errors under section 218A of the Fair Work Act 2009. The application was contested by the respondent, the Quayclean Union, which raised objections to certain aspects of the proposed variation. The Commission was tasked with determining whether the proposed variation should be approved under the legislative provision allowing for the correction or amendment of obvious errors in an enterprise agreement.

The central legal issue before the Commission was whether the proposed variation constituted an obvious error in the existing enterprise agreement that warranted correction or amendment under section 218A of the Fair Work Act. The Commission considered whether the errors identified by the applicant were indeed obvious and whether the proposed changes were necessary to rectify those errors. Additionally, the Commission needed to assess whether the proposed changes would have any significant adverse impact on the rights or interests of the parties involved.

After reviewing the evidence and submissions from both parties, the Commission determined that the proposed variation did indeed correct obvious errors in the existing enterprise agreement. The Commission found that the errors were apparent and that the changes proposed by the applicant were necessary to rectify those errors. The Commission also concluded that the proposed changes would not have any significant adverse impact on the rights or interests of the parties involved. Consequently, the Commission approved the variation to the Geelong Grammar School Quayclean Enterprise Agreement 2019 under section 218A of the Fair Work Act.

The Fair Work Commission approved the variation to the Geelong Grammar School Quayclean Enterprise Agreement 2019, effective from 1 July 2020. The Commission's decision was based on the finding that the proposed changes corrected obvious errors in the existing agreement and did not adversely impact the rights or interests of the parties involved. The Commission's decision is final and binding on the parties, and the amended agreement is now in effect.