TK Elevator Australia Pty Ltd Summary

[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

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

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).

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.

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.

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

CaseChat Overview and Summary

The case pertains to a correction of a decision by the Fair Work Commission regarding an enterprise agreement. TK Elevator Australia Pty Ltd had submitted an enterprise agreement, the TK Elevator Australia NSW Collective Agreement 2025, for approval under the Fair Work Act 2009. The original decision, issued on 8 August 2025, approved the agreement but failed to include a notation that it covered the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union (AMWU). The AMWU had provided notice under section 183 of the Fair Work Act that it wanted the agreement to cover it, which necessitated the inclusion of this notation as per section 201(2) of the Act.

The legal issue at hand was whether the omission of the notation for the AMWU in the original decision constituted an obvious error, defect, or irregularity that could be corrected under section 602(2)(a) of the Fair Work Act. The Commissioner had to determine if the omission was indeed an error that warranted correction and whether the correction would be appropriate under the provisions of the Act.

The Commissioner found that the omission was an obvious error and that it could be corrected under the stated provision. The Commissioner noted that the AMWU had indeed given notice that it wanted the agreement to cover it, as required by the Act. Therefore, the Commissioner decided to amend the original decision by including the necessary notation. The correction was made by inserting a new paragraph after paragraph [5] in the Approval Decision to reflect that the AMWU had given the requisite notice and that the Agreement covers the union.

In conclusion, the Fair Work Commission amended the original decision to correct the omission of the notation regarding the AMWU. The corrected decision now includes the necessary notation that the Agreement covers the AMWU, as per section 201(2) of the Fair Work Act.

TK Elevator Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established