Lynch Manufacturing Group Pty Ltd T/A Lynch Group

[2023] FWCA 1011

[2023] FWCA 1011

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Lynch Manufacturing Group Pty Ltd T/A Lynch Group

(AG2023/823)

LYNCH MANUFACTURING GROUP - UNITED WORKERS UNION - NATIONAL ENTERPRISE AGREEMENT 2022

Agricultural industry
COMMISSIONER SIMPSON	BRISBANE, 5 APRIL 2023

Application for variation of the Lynch Manufacturing Group - United Workers Union - National Enterprise Agreement 2022

1. Lynch Manufacturing Group Pty Ltd T/A Lynch Group (the Applicant) made an application pursuant to s.218A of the Fair Work Act 2009 (the Act) to vary the Lynch Manufacturing Group - United Workers Union - National Enterprise Agreement 2022 (the Agreement) to correct or amend an error, defect or irregularity in the Agreement.

1. The Agreement was approved by the Commission on 5 April 2023 and will commence operation on 12 April 2023. The Applicant seeks to vary ‘Schedule 1, Table 4 – Penalty Hourly Rates- Casual employees (inclusive of 25% loading)’ due to a genuine administrative error.

1. The Applicant seeks that the following table be inserted into the Agreement to replace the current ‘Schedule 1, Table 4 – Penalty Hourly Rates- Casual employees (inclusive of 25% loading)’:

1. The United Workers’ Union (UWU) being a bargaining representative and an employee organisation covered by the Agreement, supported the application.

Relevant Legislation

1. Section 218A 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.”

Conclusion

1. I am satisfied that the error relating to ‘Schedule 1, Table 4 – Penalty Hourly Rates- Casual employees (inclusive of 25% loading)’ is an error within the meaning of s.218A of the Act. I am further satisfied that the application to vary the Agreement has been made by the Employer covered by the Agreement, thus satisfying the requirements of s.218A(2)(b)(i) of the Act. The variation sought will operate from 12 April 2023. An order giving effect to this decision will be separately issued.

COMMISSIONER

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