austlii:cth/FWCA/2025/3580
General information, not legal advice.
FWCA
2025-10-24
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Catholic Employment Relations Ltd Trading AS Catholic Employment Relations
CATHOLIC SCHOOLS (NORTHERN TERRITORY) COLLECTIVE ENTERPRISE AGREEMENT 2025
Application for approval of the Catholic Schools (Northern Territory) Collective Enterprise Agreement 2025
[1] An application has been made by Catholic Employment Relations Ltd (Applicant) for approval of an enterprise agreement known as the the Catholic Schools (Northern Territory) Collective Enterprise Agreement 2025 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the agreement if the requirements in ss. 186 and 187 of the Act are met.
[2] The Applicant has made a further application pursuant to s. 218A of the Act to vary the Agreement. That provision empowers the Commission to vary an agreement to correct an obvious error, defect or irregularity in an enterprise agreement. It is a power analogous to the slip rule and should for that reason be exercised with caution and confined to uncontroversial matters. The corrections sought encompass a series of typographical and calculation errors in the body of the agreement as well as the accompanying salary tables.
[3] I am satisfied that the circumstances of the errors are such as to be appropriately corrected by exercising my discretion under s. 218A, particularly where the proposed corrections are not in contest and result in more favourable conditions for employees.
[4] I will make an order in the terms sought to vary the Agreement. The copy of the agreement published with this decision will include those amendments.
[5] Having regard to the Agreement (as amended) and the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.
[6] The Independent Education Union of Australia (IEU), the United Workers Union (UWU) and the Australian Nursing and Midwifery Federation (ANMF) were bargaining representatives for the Agreement and have given notice under s. 183 of the Act that they wants the Agreement to cover them. In accordance with s. 201(2) of the Act, I note the Agreement covers the IEU, UWU and ANMF.
[7] I order that the Agreement be varied in the terms sought pursuant to s. 218A of the Act.
[8] The Agreement, as amended was approved on 24 October 2025 and will operate from 31 October 2025 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2027

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