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austlii:cth/FWCA/2026/549
General information, not legal advice.
FWCA
2026-03-04
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Application for approval of the Beauaraba Living - Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Beauaraba Living - Enterprise Agreement 2025 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Armest Pty Ltd (Employer). The Agreement is a single enterprise agreement.
[2] The Employer has provided written undertakings. A copy of the undertakings is attached at 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. The undertakings are taken to be a term of the Agreement.
[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).
[4] Pursuant to s 205A(2) of the Act, the workplace delegates' rights term prescribed by the Nurses Award 2020 is taken to be a term of the Agreement.
[5] The Australian Nursing and Midwifery Federation, 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) of the Act, I note that the Agreement covers the organisation.
[6] The Agreement is approved and in accordance with s 54 of the Act will operate from 11 March 2026. The nominal expiry date of the Agreement is 30 June 2028.
[7] The Agreement, as lodged, contained a typographical error, which the Commission proposed to address pursuant to s 218A of the Act. Section 218A of the Act was inserted by the Fair Work Legislation Amendment (Secure Jobs Better Pay) Act 2022 to provide a process for varying an enterprise agreement to "correct or amend an obvious error, defect or irregularity," whether in substance or form. It provides as follows:
Variation of enterprise agreements to correct or amend errors, defects or irregularities
(1) The FWC may vary an enterprise agreement to correct or amend an obvious error,
defect or irregularity (whether in substance or form).
(2) The FWC may vary an enterprise agreement under subsection (1):
(i) one or more of the employers covered by the agreement;
(iii) an employee organisation covered by the agreement.
(3) If the FWC varies an enterprise agreement under subsection (1), the variation operates from the day specified in the decision to vary the agreement.
[8] Before an enterprise agreement may be varied under s 218A of the Act, there must be satisfaction of the existence of an obvious error, defect or irregularity (whether in substance or form). In this case, there is an error in Schedule F, column 6 of Agreement which is titled Wages - Direct Care - Diversional Therapy Staff. Specifically, column 6 specifies a rate increase from the 'first full pay period on or after 1.7.26' when the date should instead read '1.10.25.'
[9] I consider that the above matter is an obvious typographical error in the Agreement. There was no opposition to the Commission exercising its powers under s 218A to correct this error. The exercise of the Commission's discretion is directed to "correct or amend" the obvious error identified. I consider the obvious error identified is a kind that may be corrected by varying the Agreement by correcting the date of the wage increase in column 6 to '1.10.25.'
[10] I consider that this correction is necessary and appropriate to ensure that the Agreement accurately reflects what was clearly intended, and to provide clarity in the application of the Agreement and the timing of the wage increase. The variation will reflect the intention of the parties. There are no grounds telling against the exercise of my discretion to vary the Agreement to correct this error. Accordingly, the error will be corrected in the manner sought and as specified in the order that follows. The order will operate from the date of this decision.
[11] Pursuant to s 218A of the Act, I order that the Agreement be varied to correct obvious errors as follows:
- (1) In Schedule F, column 6 of the Agreement, remove '1.7.26' and replace it with '1.10.25.'
- (2) The variation will operate from 4 March 2026.
[12] The published Agreement will contain the corrections described in the above order.
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