austlii:cth/FWCA/2025/4164
General information, not legal advice.
FWCA
2025-12-09
Original judgment source is linked above.
s.218A - application to vary an agreement to correct or amend errors, defects or irregularities
AFL TELECOMMUNICATIONS AUSTRALIA PTY LTD AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2025
Application for variation of the AFL Telecommunications Australia Pty Ltd and United Workers Union Enterprise Agreement 2025.
[1] On 13 November 2025, AFL Telecommunications Australia Pty Ltd applied under s.218A of the Fair Work Act 2009 (the Act) to correct or amend an obvious error in the AFL Telecommunications Australia Pty Ltd and United Workers Union Enterprise Agreement 2025 (the Agreement), which I approved on 2 September 2025: [2025] FWCA 2892.
[2] Section 218A of the Act allows the Commission to correct or amend obvious errors, defects or irregularities. It is a discretionary power, and the Commission must first be satisfied that the identified errors or amendments sought are obvious errors, defects or irregularities.
[3] Based on the material before me, I have determined to vary the Agreement as sought by the Application. The Applicant identified an error in the wording of Table 2 of Annexure B in the Agreement and provided the correct wording.
[4] I am satisfied that the amendments should be made and that it is appropriate to do so in accordance with s.218A. I am also satisfied that it is appropriate for the variation to operate from the day the Agreement was approved, being 2 September 2025.
[5] I order, pursuant to s.218A of the Act, that the Agreement be varied to correct an obvious error as follows:
The preamble in Table 2 of Annexure B of the Agreement is deleted and replaced with the following:
"Applicable for workers (Machine Operator and Tester) on rotational Continental Day and Continental Night Shifts; at 15% Night Shift Loading"

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