Application for approval of the Carter Holt Harvey Plywood Pty Ltd Myrtleford Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Carter Holt Harvey Plywood Pty Ltd Myrtleford Enterprise Agreement 2025. The Application was made pursuant to s.185 of the Fair Work Act 2009. It has been made by Carter Holt Harvey Plywood Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and the Construction, Forestry and Maritime Employees Union (CFMEU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisations. The CEPU and AMWU support approval of the Agreement, and the AMWU are of the view that the Agreement passes the better off overall test.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act and will operate from 23 December 2025. The nominal expiry date of the Agreement is 31 March 2026.

[5] I note that the Construction, Forestry and Maritime Employees Union (CFMEU) corresponded with my Chambers on 26 November 2025, to vary clause 6(c) of the Agreement pursuant to section 218A of the Act. The correspondence noted contained a typographical error as follows:

"Unions shall mean any and all of the following: The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia if the CEPU applies, and the Fair Work Commission declares the CEPU, to be covered by the Agreement; and The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union if the AMWU applies, and the Fair Work Commission declares the AMWU, to be covered by the Agreement; and The Construction, Forestry, Mining and Energy Union (Manufacturing Division) if the CFMEU applies, and the Fair Work Commission declares the CFMEU, to be covered by the Agreement."

[6] I am satisfied that s.218A applies to the variations at paragraph 5 of this Decision.

[7] Section 218A, which came into on 7 December 2022 as part of the reforms contained within the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, provides for the variation of enterprise agreements to correct or amend an obvious error, defect or irregularity:

"(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] 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.

[9] Before an amendment under s.218A can be made, there first must be satisfaction 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, not must, vary the enterprise agreement. The power to vary should only be exercised to the extent necessary to remove the error, defect or irregularity.

[10] The CFMEU submits that the amendment to clause 6(c) seeks to amend a typographical error in relation to its full name incorrectly referenced in the clause.

[11] I am satisfied that the typographical error outlined in paragraph 5 of this Decision is an obvious error. I am satisfied that amendments should be made, and that it is appropriate to do so by varying the Agreement pursuant to s.218A of the Act. No objection was received from the Applicant. There are no reasons not to exercise my discretion and good reasons to do so. The error in paragraph 2 will be amended as per the order.

[12] I order, pursuant to s.218A of the Act, that the Agreement be varied as follows:

1. "The Construction, Forestry, Mining and Energy Union (Manufacturing Division)" be replaced with "The Construction, Forestry and Maritime Employees Union (Manufacturing Division)".

[13] The variations pursuant to s.218A above will operate from 23 December 2025.

[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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