Aldi Foods Pty Limited as General Partner of Aldi Stores (A Limited Partnership) trading as Aldi Stores

Correcting an obvious error etc in relation to a decision pursuant to s.602 - Commission acting on its own motion

[1] On 28 August 2025, I issued a decision[1] approving an enterprise agreement known as the ALDI Regency Park Agreement 2025 (Agreement).

[2] It has subsequently come to my attention that the approval decision omitted a notation pursuant to s.201(2) of the Fair Work Act 2009 (FW Act) that the Agreement covers the Transport Workers' Union of Australia (TWU).

[3] The Commission received a Form F18 from the TWU on 30 April 2025 in which the TWU gave notice pursuant to s.183 that it wanted the Agreement to cover it. As required by s.201(2), I had intended to include a notation to the effect that the Agreement covers the TWU. However, it appears that due to an administrative error the notation was omitted.

[4] On 1 September 2025 I wrote to the parties asking if they wished to make any submission as to whether the omission of the notation referring to the TWU could and should be dealt with under s.602 of the Act. Submissions were received from the Shop, Distributive and Allied Employees Association (SDA) advising that they supported the issue being dealt with under that section. No other submissions were received.

[5] I consider that the omission of the notation is an obvious error, defect or irregularity that can be corrected pursuant to s.602(2)(a) and have decided to correct the error under that section.

[6] Accordingly, the decision is hereby amended by deleting paragraph [5] and inserting the following text in lieu thereof:

[5] The Shop, Distributive and Allied Employees Association (SDA) and Transport Workers' Union of Australia Union (TWU) have given notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the SDA and the TWU.

[1] [2025] FWCA 2894.

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