Tassal Group Limited

[2025] FWCA 1998

[2025] FWCA 1998

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Tassal Group Limited

(AG2025/1797)

DEPUTY PRESIDENT COLMAN MELBOURNE, 17 JUNE 2025

Application for variation of the Tassal Operations Pty Ltd Triabunna Processing Enterprise Agreement 2023

1. An application has been made under s 218A of the Fair Work Act 2009 (Act) by Tassal Group Limited (Tassal) to vary the Tassal Operations Pty Ltd Triabunna Processing Enterprise Agreement 2023 (the Agreement) in order to correct obvious errors.

1. The variation would amend the third table of wages in Schedule A to correct calculation errors in respect of employees deployed on work arrangement ‘A’ at level 3 (A3). The third table sets annual and hourly rates of pay that are effective from the first full pay period on or after 1 November 2024. For A3 employees, the table contains an annual rate of $85,697.04, and an hourly rate of $26.53. Tassal submits that the correct annual rate is $82,893.86 and that the correct hourly rate is $27.59. It contends that Schedule A is clear that the relevant increase is one of 3.5%, but that the current figures do not reflect such an increase.  

1. The Australian Workers’ Union (AWU), which is covered by the Agreement, agrees with Tassal that the table contains calculation errors and does not oppose the application.

1. I agree that the third table in Schedule A contains obvious errors and that it is appropriate to vary the Agreement in order to correct them. The error in the hourly rate for A3 occurred in the following way. The second wage table in Schedule A, which concerns pay increases effective from 1 November 2023, indicates an hourly rate of $25.63. This figure should represent a 3.5% increase on the previous year’s hourly rate, which was $25.76. But the second table in fact shows a lower rate. The correct hourly rate for A3 in the second table is $26.66 per hour. It is unclear how the mistake in respect of the annual rate in the third table was made. The annual rate in the second table is $80,090.69, which correctly reflects a 3.5% increase on the previous year’s wage. However the third table’s annual wage figure shows $85,697.04, which represents a 7% increase rather than a 3.5% increase. The correct annual rate for A3 in the third table is $82,893.86.

1. I am satisfied that the Agreement contains the errors identified above and that these are obvious errors that reflect miscalculations. The intended rates are clear from the relevant headings in Schedule A. It is appropriate to vary the Agreement to correct the errors.

1. The Agreement is varied to remove the annual and hourly rates for A3 in the third table in Schedule A and to replace them with the $82,893.86 and $27.59 respectively. In addition, the Agreement is varied to remove the hourly rate for A3 in the second table and to replace this with the rate of $26.66.

1. Tassal has advised that it will not be seeking back payment from affected employees, but in any event the variation will operate only from the first pay period on or after 2 July 2025.

DEPUTY PRESIDENT

Appearances:

M. Skinner for Tassal Group Limited
R. Flanagan for the Australian Workers’ Union

Hearing details:

2025
Melbourne (by telephone)
17 June

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