Australian Manufacturing Workers' Union

Case

[2024] FWCA 2079

5 JUNE 2024


[2024] FWCA 2079

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.218A - application to vary an agreement to correct or amend errors, defects or irregularities

Australian Manufacturing Workers' Union

(AG2024/1704)

SBM MELBOURNE ENTERPRISE AGREEMENT 2024

Graphic Arts

DEPUTY PRESIDENT COLMAN

MELBOURNE, 5 JUNE 2024

SBM Melbourne Enterprise Agreement 2024

  1. An application has been made under s 218A of the Fair Work Act 2009 (Act) by the Australian Manufacturing Workers’ Union (AMWU) to vary the SBM Melbourne Enterprise Agreement 2024 (Agreement) in order to correct obvious error that is said to be found in the Agreement. The employer covered by the Agreement, SBM Melbourne Pty Ltd (SBM) has confirmed to the Commission that it supports the proposed variations. The variations would rectify errors in the text relating to the nominal expiry date of the Agreement and the date from which increases to rates of pay are to take effect. They would make the following changes: in clause 2.3, by replacing the words ‘the date the FWC approves this Agreement’ with ‘1 January 2024’; and in clause 5.3(a), by replacing ‘1 October 2024’ with ‘1 October 2023’.

  1. I am satisfied that the Agreement contains obvious errors as described in the application and that it is appropriate to correct them. The Agreement is varied in the manner proposed by the AMWU. The variations will operate from the date on which the Agreement commences operation.


DEPUTY PRESIDENT
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