Downer EDI Works Pty Ltd

[2024] FWCA 1439

[2024] FWCA 1439

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Downer EDI Works Pty Ltd

(AG2024/1311)

DOWNER TERALBA OPERATIONS AWU AGREEMENT 2023

Asphalt industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 APRIL 2024

Downer Teralba Operations AWU Agreement 2023

1. An application has been made under s 218A of the Fair Work Act 2009 (Act) by Downer EDI Works Pty Ltd (applicant) to vary the Downer Teralba Operations AWU Agreement 2023 (Agreement) in order to correct an obvious error that is said to be found in the title of the Agreement, which refers to the Australian Workers Union (AWU). The variation would correct the error by removing ‘AWU’ from the title of the Agreement, so that it would be known as the ‘Downer Teralba Operations Agreement 2023’, and from clause 1, which would now read as follows: ‘This Agreement shall be known as the Downer Teralba Operations Agreement 2023.’ The footer at the base of each page would also be varied to remove reference to the AWU. The company submits, and I accept, that these references to the ‘AWU’ that currently appear in the Agreement were included by error and were not updated during the drafting process. The AWU supports the application to vary the Agreement. The AWU had earlier raised with the Commission its concern that the name of the Agreement included reference to the AWU.

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 variation will operate from the date on which the Agreement commences operation, which will be 26 April 2024, and will be reflected in the approval decision and the published document.

DEPUTY PRESIDENT
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