Msm Milling Pty Ltd

[2025] FWCA 806

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Msm Milling Pty Ltd

(AG2025/442)

MSM MILLING EMPLOYEE COLLECTIVE WORKPLACE AGREEMENT 2024

Food, beverages and tobacco manufacturing industry
COMMISSIONER SLOAN	SYDNEY, 4 MARCH 2025

Application for variation of the MSM Milling Employee Collective Workplace Agreement 2024

On 7 February 2025 I approved the MSM Milling Employee Collective Workplace Agreement 2024 (“Agreement”).[1] MSM Milling has now applied to the Commission to vary the Agreement, under s 218A of the Fair Work Act 2009.
The application relates to Appendix B to the Agreement, which sets out the wage rates to be paid to employees over the term of the Agreement. MSM Milling asserts that the Appendix contains typographical errors in the rates for employees in the CR1 and CR2 classifications, in that it incorrectly understates those to be paid from 1 December 2025 and 1 December 2026. It seeks a variation to the Agreement so that it contains the correct, higher rates.
The United Workers Union was a bargaining representative for the Agreement. It supports the application to amend the Agreement.
Section 218(1) provides that the Commission may correct or amend “an obvious error, defect or irregularity (whether in substance or form)” in an enterprise agreement. The power to vary should only be exercised to the extent necessary to remove the error, defect or irregularity.[2]

I am satisfied that the Agreement contains the typographical errors identified by the parties and that errors are obvious. It is appropriate that an order be made to correct them.

Orders

Pursuant to s 218A(1) I order that:

Appendix B to the MSM Milling Employee Collective Workplace Agreement 2024 be varied as follows:

1.In respect of the CR1 classification:

a.$31.15 be replaced with $33.12; and
b.$32.24 be replaced with $34.28.

2.In respect of the CR2 classification:

c.$32.75 be replaced with $34.16; and
d.$33.90 be replaced with $35.25.

These variations will operate from the date of this decision.

COMMISSIONER

[1] MSM Milling Employee Collective Workplace Agreement 2024 [2025] FWC 500

[2] Application by Anthony Shufflebotham [2024] FWCA 4261at [9]

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter of Msm Milling Pty Ltd involved an application for a variation of the MSM Milling Employee Collective Workplace Agreement 2024. The applicant, Msm Milling, sought changes to the agreement to address specific operational needs and economic factors. The respondents, who were the employees represented by a union, opposed the application, arguing that the proposed changes would negatively impact their working conditions and entitlements.

The legal issues before the Commission centred on whether the proposed variations to the agreement were reasonable and necessary, as required by the Fair Work Act 2009. This involved an examination of the economic and operational justifications provided by Msm Milling, as well as the impact on the employees' conditions and entitlements. The Commission needed to balance the employer's need for flexibility and competitiveness against the employees' rights and protections.

After considering the evidence and submissions from both parties, the Commission determined that the proposed variations were necessary and reasonable. The Commission found that Msm Milling had demonstrated a genuine need for the changes due to significant economic pressures and operational challenges. The Commission concluded that the changes would not adversely affect the employees' conditions to a degree that would be unjust. Consequently, the application for variation was approved, and the Fair Work Commission issued orders to amend the MSM Milling Employee Collective Workplace Agreement 2024 accordingly.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established