Application for approval of the Access Solutions Pty Ltd (Tasmania) - Construction & Service Employees Enterprise Agreement 2025 - s.218A variation to correct or amend obvious error.

[1] An application has been made for approval of an enterprise agreement known as the Access Solutions Pty Ltd (Tasmania) - Construction & Service Employees Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Access Solutions Pty Ltd. The Agreement is a single enterprise agreement.

[2] The employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A as are relevant to this application for approval have been met. While the undertaking commits the employer to pay a first year adult apprentice at rates equal to the relevant award, I am satisfied that Agreement also passes the 'BOOT' in respect of that cohort of employees due to other terms more beneficial than the award. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by the Building and Construction General On-site Award 2020 is taken to be a term of the Agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Construction, Forestry and Maritime Employees Union (CFMEU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement lodged appeared to contain an error in clause 1 of the Agreement regarding the Agreement title. Agreement clause 1 provided that the Agreement title is "Access Solutions Pty Ltd (Tasmania) - Construction & Service Employees Enterprise Agreement 2023". The year referenced in the Agreement title where it appeared elsewhere throughout the Agreement and documentation filed with the application was either '2023', '2025' or '2026'. I wrote to the parties noting the inconsistencies and that I apprehended the reference to '2023' in the Agreement title clause to be a typographical error, though it was unclear what the correct year was meant to be. The parties were invited to clarify the correct Agreement title and to advise my Chambers if they wished to make a s.218A application to correct any errors in the Agreement, otherwise the Agreement filed with the Commission would be the version published with any Approval Decision.

[7] It was subsequently confirmed to Chambers that the parties, by consent, sought to make a s.218A application to amend the Agreement to correct errors in the Agreement title where referenced throughout the Agreement, and that the correct title of the Agreement is "Access Solutions Pty Ltd (Tasmania) - Construction & Service Employees Enterprise Agreement 2025"(my emphasis).

[8] The employer provided a corrected copy of the Agreement for publication. I am satisfied the incorrect Agreement title in clause 1 and elsewhere in the Agreement is an obvious error and I now amend the Agreement accordingly pursuant to s.218A of the Act. The published Agreement will contain the correction described above. I have also amended the title of the Agreement in this decision to reflect the amendment made to the Agreement.

[9] The Agreement was approved on 13 April 2026 and, in accordance with s.54 of the Act, will operate from 20 April 2026. The nominal expiry date of the Agreement is 30 January 2027.

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