The Board of Trustees of the Townsville Grammar School Trading AS Townsville Grammar School

[2025] FWCA 2607

[2025] FWCA 2607

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

The Board of Trustees of the Townsville Grammar School Trading AS Townsville Grammar School

(AG2025/2582)

TOWNSVILLE GRAMMAR SCHOOL ENTERPRISE AGREEMENT 2025

Educational services
COMMISSIONER HUNT	BRISBANE, 6 AUGUST 2025

Application for variation of the Townsville Grammar School Enterprise Agreement 2025

1. On 4 August 2025, I issued a Decision[1] approving the Townsville Grammar School Enterprise Agreement 2025 (the Agreement). In correspondence directed to the Fair Work Commission (the Commission) during the agreement approval process, the Board of Trustees of the Townsville Grammar School T/A Townsville Grammar School (the Employer) advised that the Agreement contained a typographical error in clause 5 of schedule 2.1. The Employer requested that the Commission exercise its discretion under s.218A of the Fair Work Act 2009 (the Act) to vary the Agreement by correcting the error. I indicated to the Employer that I was amenable to varying the Agreement in the manner sought by the Employer.

1. In its original form, clause 5 of schedule 2.1 of the Agreement provided that Juniors who are 19 years of age are paid 780% of the appropriate level 1 Adult rate. The Employer submitted that this was a typographical error which occurred during the drafting process when increasing the percentage rate for Juniors 19 years of age to 80%.

1. 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.”

1. I am satisfied that the reference in clause 5 of schedule 2.1 of the Agreement to Juniors 19 years of age being paid 780% of the appropriate level 1 Adult rate is an obvious error within the meaning of s.218A(1) of the Act. Under the Agreement’s predecessor, the Townsville Grammar School Enterprise Agreement 2021,[2] the relevant junior employees were paid 75% of the appropriate Adult rate. It is clear that the intent of clause 5 of schedule 2.1 of the current Agreement was to provide a more beneficial entitlement of 80%. I further note that that the Independent Education Union of Australia, an organisation covered by the Agreement, has expressed support for the Commission varying the Agreement in the manner sought by the Employer.

1. Being satisfied that the Agreement contains an obvious error, I exercise my discretion to vary the Agreement to correct the error by replacing the reference to “780%” in clause 5 of schedule 2.1 with “80%. I do so on my own initiative pursuant to s.218A(2)(a) of the Act.

1. The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision. The variation will operate from the operative date of the Agreement, being 11 August 2025.

COMMISSIONER

[1] [2025] FWCA 2574

[2] AE512492.

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