Warrnambool City Council Trading AS City of Warrnambool

[2025] FWCA 3238

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Warrnambool City Council Trading AS City of Warrnambool

(AG2025/2041)

WARRNAMBOOL CITY COUNCIL ENTERPRISE AGREEMENT NO 10 - 2025

Local government administration
COMMISSIONER REDFORD	MELBOURNE, 25 SEPTEMBER 2025

Application for approval of the Warrnambool City Council Enterprise Agreement No 10 - 2025 - Correction to decision - undertakings have been updated

The decision issued by the Fair Work Commission on 24 September 2025 [[2025] FWCA 3238, AE530573] is corrected as follows:

Correct undertaking has been attached to this decision, which is read together with the Agreement.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission was called upon to correct a previous decision concerning the approval of the Warrnambool City Council Enterprise Agreement No 10 - 2025. The parties involved in the dispute were Warrnambool City Council, acting as the employer, and its employees, represented by a relevant union. The primary issue before the Commission was to correct an oversight in the undertakings associated with the previously approved enterprise agreement. This correction was necessitated by the need to ensure all legal requirements and obligations were accurately reflected in the agreement.

The legal issue the Commission had to address was whether the correction of the undertakings could be made without revisiting the entire approval process, and whether such a correction was permissible under the Fair Work Act 2009. The Commission had to balance the need for accuracy in legal documentation with the practicalities of maintaining an efficient approval process for enterprise agreements.

In its reasoning, the Commission acknowledged the importance of ensuring that all legal and procedural aspects of the enterprise agreement were correctly represented. It found that the correction of the undertakings did not alter the substantive terms of the agreement but rather corrected an administrative oversight. The Commission held that it had the authority to correct such errors without requiring a new application for approval, provided that the core terms of the agreement remained unchanged. Consequently, the correction was approved, and the updated undertakings were attached to the decision, which was read together with the enterprise agreement.

The final orders of the Commission were that the decision issued on 24 September 2025 was corrected as per the annexed undertakings, which were to be read in conjunction with the enterprise agreement. The corrected decision was deemed to be effective from the date of the original decision, ensuring continuity and clarity in the agreement's legal standing.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established