Ventia Australia Pty Ltd T/A Ventia

[2025] FWCA 2228

[2025] FWCA 2228

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Ventia Australia Pty Ltd T/A Ventia

(AG2025/2019)

VENTIA (BASE SERVICES) NT ENTERPRISE AGREEMENT 2024

Hospitality industry
COMMISSIONER RIORDAN	SYDNEY, 8 JULY 2025

Application for variation of the Ventia (Base Services) NT Enterprise Agreement 2024

1. Ventia Australia Pty Ltd T/A Ventia (the Applicant) has applied to vary the Ventia (Base Services) NT Enterprise Agreement 2024 (the Agreement) to correct an obvious error pursuant to s.218A of the Fair Work Act 2009 (the Act).

1. The Applicant seeks to vary Undertaking 5(a).

1. The current Undertaking 5(a) provides:

“For employees in the Grounds Services Stream, the spread of hours (6am – 6pm, Monday to Friday, and 6am – Noon on Sunday) cannot be altered by one hour at any end of the spread”.

(My emphasis)

1. The Applicant seeks that Undertaking 5(a) be corrected to read:

“For employees in the Grounds Services Stream, the spread of hours (6am – 6pm, Monday to Friday, and 6am – Noon on Saturday) cannot be altered by one hour at any end of the spread”.

(My emphasis)

1. The Applicant submitted that the reference to ‘Sunday’ in the current Undertaking 5(a) is an obvious typographical error. I note that correspondence exchanged between the parties in relation to this process included draft undertakings referring to ‘Saturday’ not ‘Sunday’ at Undertaking 5(a). Further, clause 13.2 of the Gardening and Landscaping Services Award 2020 (the Award) provides:

“13.2 Ordinary hours may be worked:

(a) Monday to Friday between 6.00 am and 6.00 pm; and

(b) Saturday between 6.00 am and 12.00 noon”.

1. The United Workers’ Union, being the employee organisation covered by the Agreement, confirmed in writing to my Chambers on 3 July 2025 that it supports the Applicant’s application to vary Undertaking 5(a) as outlined above.

1. The Applicant filed a copy of the Consolidated Undertakings as varied on 4 July 2025.

1. Section 218A of the Act provides:

“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. As has been noted in recent decisions of the Commission,[1] s.218A of the Act is akin to the slip rule found in s.602 of the Act, which allows the Commission to correct or amend an obvious error, defect or irregularity (whether in substance or form) in relation to a decision of the Commission.

1. Before an amendment under s.218A can be made, the Commission must be satisfied that an obvious error, defect or irregularity exists. The Act provides that it is at the discretion of the Commission to then determine whether it is appropriate to vary the agreement in the terms sought.

1. I am satisfied, based on the submissions of the Applicant, that the typographical error contained in Undertaking 5(a) is an obvious error. I am satisfied the amendment should be made, and that it is appropriate to do so by varying the Agreement pursuant to s.218A of the Act.

Order

1. I Order, pursuant to s.218A of the Act, that the correction to Undertaking 5(a) be made in accordance with the corrected Consolidated Undertakings filed by the Applicant on 4 July 2025.

1. The variation is approved and will operate from 8 July 2025.

1. A consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

[1] See for example [2023] FWCA 844 per Gostencnik DP, and [2023] FWC 115 per Asbury DP (as Vice President Asbury

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