Commonwealth of Australia, as represented by the Department of Infrastructure, Transport, Regional Development, Communications and the Arts

[2024] FWCA 1090

[2024] FWCA 1090

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Commonwealth of Australia, as represented by the Department of Infrastructure, Transport, Regional Development, Communications and the Arts

(AG2024/924)

DEPARTMENT OF INFRASTRUCTURE, TRANSPORT, REGIONAL DEVELOPMENT, COMMUNICATIONS AND THE ARTS ENTERPRISE AGREEMENT – 2024

Commonwealth employment
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 MARCH 2024

Department of Infrastructure, Transport, Regional Development, Communications and the Arts Enterprise Agreement – 2024

1. An application has been made under s 218A of the Fair Work Act 2009 (Act) by the Commonwealth of Australia, as represented by the Department of Infrastructure, Transport, Regional Development, Communications and the Arts (applicant), to vary the Department of Infrastructure, Transport, Regional Development, Communications and the Arts Enterprise Agreement – 2024 (Agreement) in order to correct obvious error. The applicant consulted with the bargaining representatives about the proposed variations. None have raised any concerns. The variations would correct cross-referencing and numbering errors, remove certain drafting notes that were mistakenly left in the final text of the agreement, and correct a typographical omission. The proposed variations are set out in the schedule to this decision.

1. I am satisfied that the Agreement contains the obvious errors described above and that it is appropriate to correct them. The Agreement is varied in the manner proposed by the applicant. The variations set out in the schedule will operate from the date on which the Agreement will commence operation, which is 3 April 2024, and will be reflected in the published document.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

<AE523974  PR772792>

Schedule A

Pursuant to section 218A of the Act, the Agreement is amended as follows:

a)the Agreement be amended or corrected as follows:

i)   the reference in clause 80 to ‘clause 77’ be amended or corrected to ‘clause 78’;

ii)     the reference in clause 111 to ‘clauses 483 to 503’ be amended or corrected to ‘clauses 499 to 519’;

iii)   the reference in clause 120 to:

(1)‘clauses 483 to 503’ be amended or corrected to ‘clauses 499 to 519’;

(2)‘clauses 537 to 539’ be amended or corrected to ‘clauses 553 to 555’;

iv)   The reference in clause 174 to ‘clauses 483 to 503’ be amended or corrected to ‘499 to 519’;

v)  The reference in clause 177 to ‘clauses 483 to 503’ be amended or corrected to ‘499 to 519’;

vi)   the reference in clause 207.1 to ‘clause 207’ be amended or corrected to ‘clause 208’;

vii) the reference in clause 213 to ‘clause 204’ be amended or corrected to ‘clause 205’;

viii)     the reference in clause 224 to ‘clause 203 to 216.5’ be amended or corrected to ‘clause 203 to 216’;

ix)   the reference in clause 239 to ‘clause 152’ be amended or corrected to ‘clauses 152 and 152’;

x)  the reference in clause 327 to ‘clauses 327 and 328’ be amended or corrected to ‘clauses 329 and 330’;

xi)   the reference in clause 328 to ‘clauses 327 and 328’ be amended or corrected to ‘clauses 329 and 330’;

xii) the reference in clause 414 to ‘clause 399’ be amended or corrected to ‘clause 415’;

xiii)     the reference in clause 435 to ‘clause 418’ be amended or corrected to ‘clause 434’;

xiv)     the reference in clause 475 to ‘clause 461’ be amended or corrected to ‘clause 477’;

xv)  the reference in clause 477.3 to ‘clauses 470 to 474’ be amended or corrected to ‘clause 486 to 490’;

xvi)     the reference in clause 480 to ‘clauses 470 to 474’ be amended to ‘clauses 486 to 490’;

xvii)    the reference in clause 497 to ‘clauses 470 to 474’ be amended or corrected to ‘clauses 486 to 490’;

xviii)   the reference in clause 508 to:

(1)‘clause (sic) 492 to 498’ be amended or corrected to ‘clauses 509 to 514’;

(2)‘clause 486’ be amended or corrected to ‘clause 502.3’;

xix)     the references in clause 509 to ‘clause 487’ be amended or corrected to ‘clause 503’;

xx)  the references in clause 512 to ‘clause 487’ be amended or corrected to ‘clause 507’;

xxi)     the reference in clause 515 to ‘clauses 493 to 498’ be amended or corrected to ‘clauses 509 to 514;

xxii)    the reference in clause 516:

(1)to ‘clauses 501 to 503’ be amended or corrected to ‘clauses 517 to 519’; and

(2)to ‘clause 486.5’ be amended to corrected to ‘clause 502.5’;

xxiii)   the reference to clause 530 to ‘clause 513’ be amended to corrected to ‘clause 529’;

xxiv)   the reference in clause 532.2 to ‘clause 516.1’ be amended or corrected to ‘clause 532.1’;

xxv)    the references in clause 535 to:

(1)‘clauses 510 to 514’ be amended or corrected to ‘clause 526 to 530’;

(2)‘clause 511’ be amended or corrected to ‘clause 527’;

(3)‘clause 514’ be amended or corrected to ‘clause 530’;

xxvi)   the reference in clause 545 to ‘clauses 510 to 519’ be amended or corrected to ‘clauses 526 to 535’;

xxvii)     the reference in clause 556 to:

(1)‘clause 537’ be amended or corrected to ‘clause 553’;

(2)‘clause 538’ be amended or corrected to ‘clause 554’;

xxviii)   the reference in clause 557 to:

(1)‘clause 537’ be amended to corrected to ‘clause 553’;

(2)‘clause 538’ be amended or corrected to ‘clause 554’;

xxix)   the reference in clause 557.2 to ‘clauses 544 to 546’ be amended or corrected to ‘clause 560 to 562’; 

xxx)    the reference in clause 563 to ‘clauses 544 to 546’ be amended or corrected to ‘clauses 560 to 562’;

xxxi)   the reference in clause 568 to ‘clauses 553 and 554’ be amended or corrected to ‘clauses 569 and 570’;

xxxii)     the reference in clause 572 to ‘clause 549’ be amended or corrected to ‘clause 565’;

xxxiii)   the reference in clause 574 to ‘clauses 557.1 and 557.2’ be amended or corrected to ‘clauses 570.1 and 570.2’;

xxxiv)   the reference in clause 576 to ‘clauses 539.2 and 539.3’ be amended or corrected to ‘clauses 555.2 and 555.3’; and

b)the references to ‘Part A – Common Clause’, ‘Part B’, ‘Clause Retained’, ‘Retain’, ‘*NEW’ and ‘Finalised’ in the headings throughout the Agreement be deleted;

c)the second clause 430 be renumbered clause 431 and all subsequent clauses be correspondingly corrected or amended; and

d)clause 352 of the Agreement be amended or corrected to insert ‘clause’ before ‘351’ in the first sentence.