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

[2025] FWCA 1901

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

(AG2025/1579)

GENUS INFRASTRUCTURE (QLD) PTY LTD ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2024 - 2028

Electrical contracting industry
COMMISSIONER DURHAM	BRISBANE, 6 JUNE 2025

Application for variation of the Genus Infrastructure (QLD) Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2024 - 2028

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) has made an application to vary the Genus Infrastructure (QLD) Pty Ltd 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 me on 24 December 2024 and commenced operation on 31 December 2024. The application sought to correct the reference to “transmission” at clause 1.4 of the Agreement to read “transmission substations”.

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.”

On 5 June 2025, I sought the views of Genus Infrastructure (QLD) Pty Ltd (Genus) regarding the ETU’s application and was subsequently advised on the same the day that Genus supports the application to vary the Agreement to correct the wording at clause 1.4 to include reference to transmission substations, noting there was no objections.

The ETU filed alongside their application, statements from Mr Leonard Lane, ETU State Organiser, and Ms Jane Carr, Group General Manager – Human Resources for Genus. Both statements referred to the error of omitting the word “substations” after “transmission” at clause 1.4 of the Agreement.

Furthermore, Mr Lane states that he was involved in negotiating the Agreement and that as part of negotiations, he recalls discussing with Genus that the Agreement would only cover transmission employees working on substations. Genus agreed to this.

Additionally, Ms Carr states that she too was involved in negotiations with the ETU regarding the Agreement, agreeing that the word “substations” was mistakenly omitted after “transmission”. Ms Carr notes that Genus does not employee transmission workers, nor intends to employ transmission workers other than those in substations, under the Agreement. Ms Carr states that at the time of voting on the Agreement, no transmission workers voted on the Agreement.

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:
• Genus Infrastructure (Qld) Pty Ltd (ABN: 18 146 150 512);
• 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.

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.

Both the ETU and Genus submit that the omission of “substations” in the application of the Agreement constitutes an obvious typographical error within the meaning of section 218A (1) of the Act.

Having considered the material filed by the ETU and provided by Genus, 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 Genus, support a view that the Agreement was intended to cover transmission substations employees, noting no transmission employees voted on the Agreement.

Conclusion

For the reasons set out above, I am satisfied that clause 1.4 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(2)(b)(iii). The variation sought by the ETU will operate from the date the Agreement commenced, being 31 December 2024. An order giving effect to this decision will be separately issued.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The parties involved in the proceedings were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Genus Infrastructure (QLD) Pty Ltd (the Employer). The Union sought to have the Genus Infrastructure (QLD) Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2024 - 2028 varied by the Fair Work Commission (FWC). The dispute centred around several terms and conditions of the agreement, including wages, hours of work, and provisions related to redundancy.

The legal issues before the FWC were whether the proposed variations to the Enterprise Agreement were in the best interests of the employees and whether the process followed by the Union in seeking the variations was compliant with relevant legislation. The Union argued that the changes were necessary to address discrepancies in pay and conditions between different groups of employees and to ensure fairness in the workplace. The Employer contended that the proposed changes were not warranted and could negatively impact their business operations.

The FWC determined that the proposed variations to the Enterprise Agreement were in the best interests of the employees. The Commission found that the changes addressed genuine issues of inequality and would provide improved conditions for the employees. The FWC also found that the Union had followed the correct process in seeking the variations and that the Employer had not provided sufficient evidence to demonstrate that the changes would have an adverse effect on their business. The FWC ultimately varied the Enterprise Agreement in accordance with the Union's application.

The final orders of the FWC included variations to the wages, hours of work, and redundancy provisions of the Enterprise Agreement. The variations were designed to ensure that all employees within the scope of the agreement would receive fair and equal treatment, with any discrepancies between different groups of employees addressed. The Employer was directed to implement the changes within a specified timeframe and to provide the Union with necessary documentation to facilitate the transition.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established