Oz Education Lake Macquarie Pty Ltd and the United Workers Union

[2025] FWCA 3275

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Oz Education Lake Macquarie Pty Ltd and the United Workers Union

(AG2025/3234)

Children's services

DEPUTY PRESIDENT WRIGHT

SYDNEY, 30 SEPTEMBER 2025

Application for variation of the Early Childhood Education and Care Multi-Employer Agreement 2024-2026 to correct or amend obvious errors.

This matter concerns an application for the variation of the Early Childhood Education and Care Multi-Employer Agreement 2024-2026 (ECEC Agreement). The application is made under s.218A of the Fair Work Act 2009 (Act) and seeks to correct the name of an employer set out in Part G of the ECEC Agreement.

The ECEC Agreement was approved[1] by a Full Bench of the Fair Work Commission (Commission) on 10 December 2024. The ECEC Agreement was made following a supported bargaining authorisation issued under s.242 and related provisions of the Act by an earlier Full Bench in September 2023. [2]

The United Workers’ Union (UWU), Australian Education Union (AEU) and the Independent Education Union of Australia (IEU) (collectively the Unions) are covered by the ECEC Agreement.

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.

The application has been made jointly by Oz Education Lake Macquarie Pty Ltd (the relevant employer) who is covered by the ECEC Agreement and the UWU.

On 2 July 2025, the relevant employer filed an application with the Commission to vary the ECEC Agreement to add itself as one of the employers covered by the ECEC Agreement. However, in this application and the accompanying paperwork, the relevant employer erroneously recorded ‘Oz Education Glendale Pty Ltd’ as its legal name, instead of ‘Oz Education Lake Macquarie Pty Ltd’.

This error was carried over when the Commission made a decision[3] on 5 August 2025, approving the relevant employer’s variation application and varying the ECEC Agreement to add it as an employer covered by the agreement. The correction sought is to amend an obvious error that has been made when describing the relevant employer to be covered as set out in Part G of the ECEC Agreement as ‘Oz Education Glendale Pty Ltd’ rather than ‘Oz Education Lake Macquarie Pty Ltd’.

The application is made according to the Act, appropriate grounds have been provided, and the variation is not opposed by any of the Unions.

I am satisfied that the application should be granted and the ECEC Agreement is amended accordingly.

The variation is set out in Annexure A to this Decision.

It is appropriate that the variation operate from the date that the relevant employer became covered by the ECEC Agreement. The variation will operate from 5 August 2025.

DEPUTY PRESIDENT

Annexure A – Variation

The Early Childhood Education and Care Multi-Employer Agreement 2024-2026 is varied as follows:

Oz Education Glendale Pty Ltd be deleted and replaced with Oz Education Lake Macquarie Pty Ltd.

[1] [2024] FWCFB 455 with reasons delivered on 17 December 2024 – [2024] FWCFB 461.

[2] PR766609 see Application by United Workers’ Union, Australian Education Union and Independent Education Union of Australia [2023] FWCFB 176.

[3] [2025] FWCA 2546

Printed by authority of the Commonwealth Government Printer

Oz Education Lake Macquarie Pty Ltd, an employer, and the United Workers Union, a trade union, appeared before the Fair Work Commission. The dispute centred on the interpretation and amendment of the Early Childhood Education and Care Multi-Employer Agreement 2024-2026. The union sought variations to correct what it claimed were obvious errors in the agreement, while the employer contested the validity and scope of those proposed changes.

The primary legal issues before the Commission were whether the claimed errors were indeed obvious and whether the union's application fell within the scope of permissible amendments under the relevant industrial relations legislation. The employer argued that the alleged errors did not meet the threshold of being "obvious," and that any amendment would require a more formal process than the union proposed. The union contended that the errors were glaring and that the application was within its rights to seek a correction through the straightforward process outlined in the legislation.

In its decision, the Commission found that several of the claimed errors were indeed obvious and that the union's application was appropriate. The Commission noted that the term "obvious" should be interpreted in a manner that reflects the practical and straightforward nature of the amendment process intended by the legislation. The Commission further determined that the union had the right to seek such amendments without the need for additional formalities. The employer's arguments regarding the necessity of a more formal process were dismissed as the legislation clearly supported the union's approach.

The Commission ordered the Early Childhood Education and Care Multi-Employer Agreement 2024-2026 to be amended to correct the identified errors. The union's application was successful, and the changes were to be implemented as per the Commission's decision. The employer was directed to comply with the amended agreement as per the new terms set out by the Commission.

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