Application by Shadbolt Group Pty Ltd

[2024] FWCA 4384

[2024] FWCA 4384

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Application by Shadbolt Group Pty Ltd

(AG2024/4521)

AMWU & SHADBOLT GROUP PTY LTD METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER SLOAN	SYDNEY, 10 DECEMBER 2024

Application for approval of the AMWU & Shadbolt Group Pty Ltd Metal & Engineering On-Site Construction Agreement 2024-2027

1. Shadbolt Group Pty Ltd (“Employer”) has made an application for approval of an enterprise agreement known as the AMWU & Shadbolt Group Pty Ltd Metal & Engineering On-Site Construction Agreement 2024-2027 (“Agreement”). The application is made under s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.

2. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union”, known as the Australian Manufacturing Workers’ Union (“AMWU”) was a bargaining representative for the Agreement. It supports the approval of the Agreement.

1. When considering the application, I observed what appeared to be an error in the Agreement. Clause 1.0 of the Agreement stated that the Agreement was to be known as the “AMWU & Shadbolt Group Pty Ltd Metal & Engineering On-Site Construction Agreement 2023-2027” (my emphasis). However, the cover sheet to the Agreement and the footer on each page refer to “AMWU & Shadbolt Group Pty Ltd Metal & Engineering On-Site Construction Agreement 2024-2027” (again, my emphasis). That title also appears in the Form F16 Application, the Form F17B Declaration and Notice of Employee Representational Rights.

1. I raised the matter with the parties. The result was that the AMWU filed an application under s 218A of the Act for a variation to the Agreement. The effect of the variation the AMWU seeks is to replace the reference to “2023” in clause 1.0 of the Agreement with “2024”. The Employer supports the application.

1. Section 218A(1) provides that the Commission may (not must) correct or amend “an obvious error, defect or irregularity (whether in substance or form)” in an enterprise agreement. The power to vary should only be exercised to the extent necessary to remove the error, defect or irregularity.[1]

1. I am satisfied that the reference to “2023” in clause 1.0 the Agreement is an obvious error. It is appropriate that an order be made under s 218A to correct that error.

1. Consequently, I order, pursuant to s 218A of the Act, that the Agreement be varied by deleting “2023” where it appears in clause 1.0 and replacing it with “2024”. That variation will operate from the date of this decision.

1. Having regard to the information in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.

2. The AMWU has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2) of the Act, I note that the Agreement covers the AMWU.

3. The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 17 December 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

[1] Application by Anthony Shufflebotham [2024] FWCA 4261 at [9]

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