Application for approval of the Alcoa of Australia, WA Operations, Electrical Trades Enterprise Agreement 2025

[1] Alcoa of Australia Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Alcoa of Australia, WA Operations, Electrical Trades 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] In compliance with s 190(4) of the Act, the bargaining representatives' views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and 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, 188, and 190 of the Act as are relevant to this application for approval have been met.

[5] 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.

[6] 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 19 February 2029.

[7] With 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.

[8] The Applicant has requested the following variations:

• (a) Clause 10.2 - Correction to 5-Panel Shift Allowance. The original calculation for Leading Hand (LH) and High Voltage (HV) classifications did not include the "U day" component. This has now been corrected, resulting in an increase to the 5-panel shift allowances for all LH and HV classifications, except for the E/I Technician (Dual Trade) with Level 3 HV; and

• (b) Clause 10.2 - Typographical Error for E/I Technician (Dual Trade) Level 3 HV. The allowance for this classification was incorrectly stated in the version of the agreement put to vote. It should align with the allowance for E/I Technician (Single Trade) Level 3 HV, as both roles share the same base rate. This correction ensures consistency.

[9] The Applicant now seeks to amend these areas pursuant to the application made under s 218A.

[10] 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.

[11] 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.

[12] I satisfied that the table in Clause 10.2 contains obvious errors. Noting that the organisations did not object to the amendments sought, I am satisfied that it is appropriate to amend the Agreement accordingly.

[13] I order pursuant to s 218A of the Act that clause 10.2 of the Agreement be varied in accordance with the corrected copy of the Agreement, filed by the Applicant with the application to approve the Agreement and outlined in [8] of this Decision.

[14] The Agreement attached to this Decision is the Agreement as varied and 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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