Carrington Centennial Care Ltd trading as Carrington

[2025] FWCA 2218

[2025] FWCA 2218

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Carrington Centennial Care Ltd trading as Carrington

(AG2025/1940)

CARRINGTON ENTERPRISE AGREEMENT 2025

Aged care industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 4 JULY 2025

Variation of enterprise agreement to correct or amend an obvious error, defect or irregularity pursuant to s 218A of the Fair Work Act 2009 (Cth) – application unopposed – application granted.

1. On 27 May 2025, the Carrington Enterprise Agreement 2025 (Enterprise Agreement) was approved by the Fair Work Commission (Commission).

1. On 19 June 2025, Carrington Centennial Care Ltd trading as Carrington (Carrington) filed an application under section 218A of the Fair Work Act 2009 (Cth) (Act) to correct or amend an obvious error, defect or irregularity in the Enterprise Agreement.

1. Carrington seeks the following orders:

1.A variation to the undertaking to reflect the correct application of payment for casual employees working on public holidays (clause 22.9 of the Enterprise Agreement) and clause 19 the payment of overtime for casual employees when working on Public Holidays.

2.The approved Enterprise Agreement be reissued to have page 34 repositioned in the approved Enterprise Agreement. Currently the approved Enterprise Agreement shows page 34 between page 37 and 38.

1. I gave the HSU and the NSWNMA/ANMF an opportunity to be heard in relation to the application to vary the Enterprise Agreement. Neither the HSU nor the NSWNMA/ANMF took up the opportunity to be heard.

1. Based on the uncontested material before the Commission, I am satisfied that the following errors exist in the Enterprise Agreement:

1. The undertaking related to clause 22.9 contains an error in the application of payment for casual employees. Additionally, clause 19.1 lacks clarity on overtime rates for casual employees working on public holidays.

2. The pagination error, where page 34 is incorrectly positioned between pages 37 and 38, is an administrative defect affecting the clarity and structure of the approved Enterprise Agreement.

1. I am satisfied that these errors:

(a)are unintentional errors that were not identified until significantly after the Enterprise Agreement was approved;

(b)would have been corrected if the errors had been identified during the negotiation or approval process for the Enterprise Agreement;

(c)are not controversial between Carrington and the employees covered by the Enterprise Agreement; and

(d)are manifestly clear, such that an officious bystander would reply, “Of course” when asked if the amendments are appropriate.

1. For the reasons given, I have decided to exercise my discretion under s 218A of the Act to make the orders sought by Carrington. Attached is a revised version of the Agreement which has these errors rectified.

DEPUTY PRESIDENT 

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