SCT OPCO Pty Ltd

[2025] FWCA 2573

[2025] FWCA 2573

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

SCT OPCO Pty Ltd

(AG2025/2282)

SCT OPCO PTY LTD TRAIN CREW ENTERPRISE AGREEMENT 2023

Rail industry
COMMISSIONER LEE	MELBOURNE, 4 AUGUST 2025

Application for variation of the SCT Opco Pty Ltd Train Crew Enterprise Agreement 2023

1. On 14 July 2025, SCT OPCO Pty Ltd (the Applicant) made an application pursuant to s.218A of the Fair Work Act 2009 (Cth) (the Act) to vary the SCT Opco Pty Ltd Train Crew Enterprise Agreement 2023 (Agreement) to correct or amend an error, defect or irregularity in the Agreement.

1. The Agreement was approved by the Fair Work Commission on 22 August 2024 and commenced operation on 29 August 2024. The nominal expiry date of the Agreement is 28 August 2027.

1. The Australian Rail, Tram and Bus Industry Union (ARTBIU) are covered by the Agreement.

1. After the lodgement of this application the ARTBIU also sought to have additional errors within the Agreement corrected. My Chambers wrote to the parties on 16 July 2025 asking the Applicant and the ARTBIU to confer and submit an amended Form F1 and varied version of the Agreement together. The parties did so, and those documents were received on 4 August 2025.

1. In relation to the corrections sought, question 1.1 of the Form F1 provides: 

“We have identified a numbering error in the SCT Opco Pty Ltd Train Crew Enterprise Agreement 2023 following the Fair Work Commission's approval. Specifically;  

a.   after Clause 40, the numbering incorrectly restarted from Clause 2.

b.   15.2 Working Roster- changes made to the 15.2f, change the reference clause from 18.3 to 15.2

c.   18.3 Lift Up/Lay Back d(ii) - removed the strike through of d (ii)

d.   18.3 Lift Up/Lay Back- update the numbering from "(iii) to (viii)" to "(i) to (v)"

e.   22 Relay Working- In the clause 22.2b, change the reference from Clause 22.5 change to Clause 20.5a(i)

f.    35 Bereavement and Compassionate Leave - changes made to paragraph 35.2; change the numbering from 36.1 to 35.1

g.   40 Workplace Delegate Rights - changes made to clause 40.1, the reference from 'Clause XA' to 'Clause 40'

h.   40 Workplace Delegate Rights - changes made to 40.7b, the reference from 'clause 40.7a'

i. 44 Consultation updated the references numbering under the 'Major Clause'

j.    45 Medical Checks - changes made to 45.8, reference from 44.7 to 45.7

This was an oversight and does not reflect any substantive changes to the content of the
agreement that was voted on by the employees.

We have corrected the numbering and would like to substitute the original version with the corrected copy for the Commission's approval.

We have also communicated to the employees covered by this agreement that a numbering error has been identified, and we will resolve this issue by contacting the Fair Work Commission.”

1. Section 218A of the Act came into effect on 7 December 2022 following the enactment of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 and is as follows:

“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.”

1. Considering ss.218A(2)(b)(i) and (iii) of the Act, the Fair Work Commission may vary an enterprise agreement on application by one or more of the employers covered by the agreement or an employee organisation covered by the agreement.

1. I am satisfied that the errors outlined at [5] should be corrected by varying the Agreement. There are no grounds of which I am aware which would tend against the exercise of my discretion to vary the Agreement.

1. I order pursuant to s.218A of the Act, that the Agreement be varied to correct the errors.

1. The variation will operate from 4 August 2025.

COMMISSIONER

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