Application for variation of the Transport Canberra Operations (ACTION) Enterprise Agreement 2023-2026.

[1] Australian Capital Territory (Applicant) has made an application pursuant to s.218A of the Fair Work Act 2009 (the Act) to vary the Transport Canberra Operations (ACTION) Enterprise Agreement 2023-2026 (the Agreement) to correct or amend an error, defect or irregularity in the Agreement.

[2] The Agreement was approved by the Commission on 28 March 2024 and commenced operation on 4 April 2024. The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and the Transport Workers' Union of Australia (TWU) are covered by the Agreement.

[3] The Applicant seeks a variation to the Agreement by removing from clause A3.1.3 the reference to the ACTION Enterprise Agreement 2018-2021.

[4] The Applicant submits that the proposed amendment, which corrects a reference error, will not result in any detriment to employees covered by the Agreement. The Applicant further submits that both the AMWU and the TWU were consulted in relation to the proposed variation.

[5] The Commission wrote to all parties to the Agreement seeking their views on the proposed amendment. No objections to the variation application were received.

[6] I am satisfied that the reference in clause A3.1.3 constitutes an obvious error and that the Agreement should be varied pursuant to s.218A of the Act.

[7] The variation is approved. A consolidated version of the Agreement, as varied, is attached to this decision. The variation operates from the date the Agreement commenced, being 4 April 2024.

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