s.218A - Application to vary an agreement to correct or amend errors, defects or irregularities

Construction, Forestry and Maritime Employees Union

KELLER PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Application for approval of the Keller Pty Ltd / CFMEU Collective Agreement 2024-2027

[1] An application has been made for approval of an enterprise agreement known as the Keller Pty Ltd / CFMEU Collective Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

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

[3] The Construction, Forestry and Maritime Employees Union 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2026. The nominal expiry date of the Agreement is 31 March 2028.

[5] Along with their application the Construction, Forestry and Maritime Employees Union made submissions to vary the Agreement pursuant to s.218A of the Act to amend obvious errors contained within it.

[6] The copy of the Agreement voted upon referred to the Employer as Keller Pty Limited on the title page and in clauses 1 and 2 of the Agreement. The correct name of the Employer is Keller Pty Ltd. The Construction, Forestry and Maritime Employees Union with the consent of the Employer seek to have the Agreement varied to amend these obvious errors.

[7] Section 218A of the Act came into effect on 7 December 2022 following the enactment of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 and is 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):

• (a) on its own initiative; or
• (b) on application by any of the following:

  • (i) one or more of the employers covered by the agreement;

  • (ii) an employee 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] Considering s.218A(2)(b)(iii) of the Act, the Fair Work Commission may vary an enterprise agreement on application by an employee organisation covered by the agreement.

[9] I am satisfied that the agreement should be varied to correct the obvious errors in reference to Keller Pty Limited on the title page and within clauses 1 and 2 of the Agreement.

[10] I order, pursuant to s.218A of the Act, that the title page and clauses 1 and 2 of the Agreement be varied to correct the obvious errors.

[11] The variation will operate from 18 February 2026.

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