TK Elevator Australia Pty Ltd

Case

[2025] FWCA 2643

1 SEPTEMBER 2025


[2025] FWCA 2643

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

s.185—Enterprise agreement

TK Elevator Australia Pty Ltd

(AG2025/2462)

TK ELEVATOR AUSTRALIA NSW COLLECTIVE AGREEMENT 2025

Building, metal and civil construction industries

COMMISSIONER P RYAN

SYDNEY, 1 SEPTEMBER 2025

Correcting an obvious error etc in relation to a decision pursuant to s.602 – Commission acting on its own motion

  1. On 8 August 2025, I issued a decision[1] approving an enterprise agreement known as the TK Elevator Australia NSW Collective Agreement 2025 (Agreement).

  1. It has subsequently come to my attention that the Approval Decision omitted a notation pursuant to s.201(2) of the Fair Work Act 2009 (FW Act) that the Agreement covers the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).

  1. The Commission received a Form F18 from the AMWU on 24 July 2025 in which the AMWU gave notice pursuant to s.183 that it wants the Agreement to cover it. As required by s.201(2), I intended to include a notation to that effect. However, it appears that due to a typographical error the notation was omitted.

  1. I am satisfied that the omission of the notation is an obvious error, defect or irregularity that can be corrected pursuant to s.602(2)(a) and have decided to do so.

  1. Accordingly, I order that the Approval Decision be amended by inserting the following text after paragraph [5]:

    Section 183 Bargaining Representative

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the AMWU.


COMMISSIONER


[1] 2025 FWCA 2643 (Approval Decision).

Printed by authority of the Commonwealth Government Printer

<AE529994  PR791260>

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