Application for approval of the Tasman Skilled Service Pty Ltd CSBP Enterprise Agreement 2025

[1] Tasman Skilled Service Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Tasman Skilled Service Pty Ltd CSBP Enterprise Agreement 2025(the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement contains a delegates' rights term, as required by s 205A(1) of the Act. However, given the decision of the Full Court of the Federal Court in Construction, Forestry and Maritime Employees Union v Australian Industry Group [2025] FCAFC 187, and recent variations issued by the Fair Work Commission Full Bench in AM2024/6 and AM2025/28_,_ I put to the parties my view that the Agreement term is less favourable than the workplace delegates' rights term in the applicable award, and thus the award delegates' rights term should be inserted. The parties did not contest this. Accordingly, under s 205A(2) of the Act, Clause 26A of the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the organisation), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[5] The Agreement was approved on 19 February 2026. and, in accordance with s 54, will operate from 26 February 2026. The nominal expiry date of the Agreement is 26 February 2029.

[6] Following the application for the approval of the Agreement, the Applicant applied under s 218A to correct or amend obvious errors, defects or irregularities in the Agreement. The error is that clause 19.5 does not include the final pay increase for 1 August 2028. The Applicant has provided an amended page that includes the pay increase at clause 19.5(c).

[7] 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. Its evident purpose is to remove complexity associated with varying enterprise agreements containing obvious errors, defects or irregularities by simplifying the process by which corrections may be made.

[8] Before an amendment under s 218A can be made, I must be satisfied of the existence of an obvious error, defect or irregularity (whether in substance or form). Upon the finding of such an error, defect or irregularity, the Commission may vary the enterprise agreement. The power to vary should only be exercised to the extent necessary to remove the error, defect or irregularity.

[9] I satisfied that there is an obvious error as outlined in [6]. Noting that the organisation did not object to the proposed amendment, I am satisfied that it is appropriate to amend the Agreement accordingly.

[10] I order pursuant to s 218A of the Act that clause 19.5 be amended to include the pay increase of 1 August 2028 at clause 19.5(c).

[11] This variation will operate from the date the Agreement commences, being 26 February 2026.

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

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