Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

Case •

[2025] FWCA 3031

•

8 SEPTEMBER 2025
[2025] FWCA 3031

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

(AG2025/2428)

VENTIA UTILITY SERVICES PTY LIMITED ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2024-2028

Electrical contracting industry

COMMISSIONER DURHAM

BRISBANE, 8 SEPTEMBER 2025

Application for variation of the Ventia Utility Services Pty Limited Electrical Supply Industry Queensland Enterprise Agreement 2024-2028

  1. Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) has made an application to vary the Ventia Utility Services Pty Limited Electrical Supply Industry Queensland Enterprise Agreement 2024-2028 (the Agreement). The application was made under s.218A of the Fair Work Act 2009 (the Act). The Agreement was approved by Deputy President Dobson on 16 December 2024 and commenced operation   on   23   December   2024.  The   application   sought   to   correct   the   reference   to “transmission” at clause 1.4 of the Agreement to read “transmission substations” and correct Schedule 2 of the Agreement to delete “Level 10 Leading Hand Electrical” from the Electrical table and the consequential re-numbering of Levels 11 to 16 to become Levels 10 to 15.

  1. Section 218A of the Act provides as follows:

“218A Variation of enterprise agreements to correct or amend errors, defects or
irregularities

(1) The FWC may vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form).

(2) The FWC may vary an enterprise agreement under subsection (1):

(a) on its own initiative; or

(b) on application by any of the following:

(i) one or more of the employers covered by the agreement;
(ii) an employee covered by the agreement;
(iii) an employee organisation covered by the agreement.

(3) If the FWC varies an enterprise agreement under subsection (1), the variation operates from the day specified in the decision to vary the agreement.”

  1. On 1 August 2025, I sought the views of Ventia Utility Services Pty Limited (Ventia) regarding the ETU’s application. Ventia subsequently responded on 5 August 2025, however, did not raise any objections.

  1. The ETU filed alongside their application statements from Mr Leonard Lane, ETU State Organiser, and Mr Nathan Hallam, Project Director for Ventia. Both statements referred to the error of omitting the word “substations” after “transmission” at clause 1.4 and “Level 10 Leading Hand Electrical” from the Electrical table of the Agreement.

  1. Furthermore, Mr Lane states that he was involved in negotiating the Agreement and that as part of negotiations, he recalls discussing with Ventia that the Agreement would only cover transmission employees working on substations and that “Level 10 Leading Hand Electrical” would be removed as the Employer does not employ any employees in that classification. Ventia agreed to this.

  1. Additionally, Mr Hallam states that he too was involved in negotiations with the ETU regarding the Agreement, agreeing that the word “substations” was mistakenly omitted after “transmission” and whilst the classification definition for ‘Level 10 Leading Hand Electrical’ was deleted  from the Electrical Schedule in Schedule 1 of the Agreement, it was inadvertently not deleted from the Electrical table in Schedule 2 of the Agreement.

  1. The ETU state in their application that the version of the Agreement that was distributed to employees prior to the commencement of the voting process contained an obvious error and/or defect in that the word ‘substations’ was erroneously omitted after the word ‘transmission’ at Clause 1.4 of the Agreement. The clause should read:

“1.4 Application
This Agreement applies to:
• Ventia Utility Services Pty Limited (ABN: 69);
• All Employees who are employed in, or in connection with any calling, trade, craft, non-trade, vocation or profession referred to in the classification structure contained in this Agreement in the transmission substations, line maintenance, distribution, generation and supply of electricity in the State of Queensland.
• The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing & Allied Services Union of Australia, Electrical, Energy and Services Division (“the ETU”).”

It was not the intention of the parties to have all transmission work covered by the Agreement.

  1. Relevantly, neither at the time the agreement was made nor at any later date have transmission employees, been employed and/or covered by the Agreement. Accordingly, no transmission workers, voted on the Agreement. As such no employees are disadvantaged or otherwise impacted by the proposed variation.

  1. In addition, the ETU state in their application that the version of the Agreement that was distributed to employees prior to the commencement of the voting process contained an obvious error and/or defect in that the table at Schedule 2 included wage rates for a ‘Level 10 Leading Hand Electrical’. The Employer does not employ any Level 10 Leading Hand Electrical employees and the classification definition for ‘Level 10 Leading Hand Electrical’ had been deleted from the Electrical Schedule in Schedule 1 of the Agreement. The wage rates for a ‘Level 10 Leading Hand Electrical’ should have been deleted from the Electrical table in Schedule 2 and the levels following should have been re-numbered to become Levels 10 to 15. The table should appear as follows:

Level

Classification

First full pay period on or after 9 July 2024 First full pay period on or after 1 April 2025 First full pay period on or after 1 April 2026 First full pay period on or after 1 April 2027

Level 1

Trade
Assistant – Nil
Experience

$53.83

$56.26

$58.23

$59.97

Level 2

Trade
Assistant/
Asset Inspector
Assistant/
Trainee

$54.06

$56.50

$58.47

$60.23

Level 3

Trade
Assistant –
Intermediate
(Operator) /
Asset Inspector

$55.62

$58.12

$60.16

$61.96

Level 3A

Advanced
Asset Inspector

$57.20

$59.77

$61.86

$63.72

Level 4

Trade
Assistant –
Advanced
(Advanced
Operator/
Rigger)

$61.38

$64.14

$66.39

$68.38

Level 5

Civil Leading

Hand / Site
Safety

Observer

$61.38

$64.14

$66.39

$68.38

Level 6

Civil Foreman
/Site
Representative

$64.97

$67.89

$70.27

$72.38

Level 7

Tradesperson

$64.97

$67.89

$70.27

$72.38

Level 8

Tradesperson
Advanced -
Level 1

$65.92

$68.88

$71.29

$73.43

Level 9

Tradesperson
Advanced -
Level 2

$67.55

$70.59

$73.06

$75.25

Level 10

Foreman
Electrical

$70.00

$73.15

$75.71

$77.98

Level 11

Live Linesman
(Stick)

$67.79

$70.84

$73.32

$75.52

Level 12

Live Linesman
(G&B)

$71.66

$74.88

$77.50

$79.83

Level 13

Technical
Leading Hand

$67.94

$71.00

$73.48

$75.69

Level 14

Technical
Foreman

$70.97

$74.16

$76.76

$79.06

Level 15

Supervisor
Electrical

$74.52

$77.88

$80.60

$83.02

It was the intention of the parties to delete the ‘Level 10 Leading Hand Electrical’ wage rates from the tables in both Schedule 1 and Schedule 2. The wage rates appearing at Levels 11 to 16 of the Electrical Table in Schedule 2 are correct, it is only the Level numbers which are incorrect as a result of the deletion of Level 10.

  1. Employees classified at Levels 10 to 15 in Schedule 1 have been paid in accordance with the wage rates for Levels 11 to 16 in the Agreement. No Employees are disadvantaged or otherwise impacted by these proposed variations.

  2. Having considered the material filed by the ETU and provided by Ventia, I am satisfied that the clause 1.4 of the Agreement, insofar it has omitted the word “substations” after the word “transmission”, is an obvious error in substance within the meaning of s.218A(1) of the Act. The material provided by the ETU and Ventia, support a view that the Agreement was intended to cover transmission substations employees, noting no transmission employees voted on the Agreement. Further that it was the intention of the parties to delete the ‘Level 10 Leading Hand Electrical’ wage rates from the tables in both Schedule 1 and Schedule 2.

Conclusion

  1. For the reasons set out above, I am satisfied that clause 1.4 and Schedule 2 was an error within the meaning of s.218A(1) of the Act. The application to vary the Agreement was made by an employee organisation covered by the Agreement, in accordance with s.218A(1)(b)(iii). The variation sought by the ETU will operate from the date the Agreement commenced, being 23 December 2024. An order giving effect to this decision will be separately issued.


COMMISSIONER

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