UGL Rail (North Queensland) Pty Ltd
[2023] FWCA 2026
•4 JULY 2023
| [2023] FWCA 2026 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.218A - application to vary an agreement to correct or amend errors, defects or irregularities
UGL Rail (North Queensland) Pty Ltd
(AG2023/2039)
UGL RAIL TOWNSVILLE ENTERPRISE AGREEMENT 2023-2024
(ODN AG2023/1589) [AE530397]
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 4 JULY 2023 |
Application for variation of the UGL Rail Townsville Enterprise Agreement 2023-2024.
UGL Rail (North Queensland) Pty Ltd has made an application to vary the UGL Rail Townsville Enterprise Agreement 2023-2024 (the Agreement). The application was made under s.218A of the Fair Work Act 2009 (Cth) (the Act).
The Agreement was approved on 19 June 2023 and commenced operation on 26 June 2023. UGL Rail (North Queensland) submits that there is an error in the table in Clause 9(c) – Wages of the Agreement. The table refers to amounts payable from the “First pay period on or after 1/01/2022 (3.0%)” instead of the “First pay period on or after 1/01/2024 (3.0%)”. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) was given a chance to be heard in relation to the proposed variation of the Agreement and does not oppose the proposed variation.
Error of Defect and Amendment
The explanatory notes provided to the employees prior to the approval of the Agreement indicated that increases would apply as follows:
“Clause 9 Wages & Allowances & Sign On Payment This clause sets out the wages during the life of the Proposed Agreement. Your wages will increase by 8.0% from 1/01/2023, and by 3.0% on 1/01/2024. Employees will be back paid once the Agreement is approved by Fair Work to 1 January 2023.”
I am satisfied that the typographical error at Clause 9(c) of the Agreement in Appendix 3 is an obvious error within the meaning of s.218A(1) of the Act. I am further satisfied that the application to vary the Agreement has been made by the representative of the employer covered by the Agreement (per s.218A(2)(b)(i)). The variation will operate from the date the Agreement commenced, being 26 June 2023.
The consolidated version of the Agreement, as varied, is attached to this decision.[1] An order giving effect to this decision will be separately issued.[2]
DEPUTY PRESIDENT
[1] AE520397-2.
[2] PR763892.
Printed by authority of the Commonwealth Government Printer
<AE520397 PR763891>
0
0
0