Application for approval of the ALSCO PTY LTD (FOOTSCRAY BRANCH) PRODUCTION WORKERS ENTERPRISE AGREEMENT 2025

[1] An application has been made for approval of an enterprise agreement known as the ALSCO PTY LTD (FOOTSCRAY BRANCH) PRODUCTION WORKERS ENTERPRISE AGREEMENT 2025 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The United Workers Union (UWU), a bargaining representative in this matter, advised the Commission in an email sent 9 December 2025 that there are typographical errors within the Agreement. The typographical errors are contained in clause 6 and comprise of incorrect references to subclauses within clause 1 which should refer to subclauses within 6 itself.

[3] Under s 218A(2)(a), the Commission can, on its own initiative, exercise its power under s 218A(1) to "vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form)".

[4] On 15 December 2025, the Commission sought an explanation as to the typographical errors. The UWU provided a response on 17 December 2025 explaining that "The current references to clauses 1.3.1 and 1.3 in clause 6.2 do not make sense and are clearly errors, defects or irregularities", and that "the reference in clause 6.2.2 should be "clause 6.2.1" and the reference in clause 6.2.4 should be "clause 6.2"." The UWU explains that, in essence, the references were an inadvertent oversight that occurred in email correspondence between the UWU and Alsco Pty Ltd (Alsco) during bargaining.

[5] On 19 December 2025, Alsco confirmed by email the references are "a genuine error as outlined by the email sent by the UWU on Wednesday 17 December 2025".

[6] I am satisfied the references to clause 1 are obvious errors and therefore amend the following clauses:

• Clause 6.2.2: The reference to "clause 1.3.1" is amended to "clause 6.2.1".

• Clause 6.2.4: The reference to "clause 1.3" is amended to "clause 6.2".

[7] The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

[8] Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all 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.

[9] The United Workers Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

[10] The Agreement is approved today 9 January 2026. It will operate from 16 January 2026 as required by section 54 of the Act. The nominal expiry date is 30 June 2028.

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