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austlii:cth/FWCA/2025/2377
General information, not legal advice.
FWCA
2025-07-18
Original judgment source is linked above.
s.185 - Enterprise agreement
CONVERGINT QUEENSLAND ENTERPRISE AGREEMENT 2025-2027
Application for approval of the Convergint Queensland Enterprise Agreement 2025-2027
[1] Convergint Australia Pty Ltd has applied for approval of an enterprise agreement known as the Convergint Queensland Enterprise Agreement 2025-2027 ("Agreement"). The application is made under section 185 of the Fair Work Act 2009 ("Act"). The Agreement is a single enterprise agreement.
[2] The Agreement contains two typographical errors that relate to the definitions of full-time and part-time employees. That is:
(1) Clause 13(d)(i) provides: "A full-time employee is an employee engaged to 38 ordinary hours per week." In my view, the word "work" should appear before "38".
(2) Clause 13(e)(i) provides: "A part-time employee is an employee engaged on a regular basis for a consistent number of hours 38 hours per week." Again in my view, the words "less than" should appear before "38".
[3] In my view, these are "obvious errors" capable of being amended under section 218A of the Act. The parties were informed that I proposed to act on my own initiative under section 218A(2)(a) to effect the necessary amendments and were invited to raise any objections to me doing so. No objections were raised. I will amend the Agreement accordingly.
[4] Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to the application have been met.
[5] Pursuant to section 218A of the Act, I order that:
(1) the Agreement be varied as follows:
(a) by inserting "work" before "38" in clause 13(d)(i); and
(b) by inserting "less than" before "38" in clause 13(e)(i); and
(2) these variations will operate from the date of this decision.
[6] The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 25 July 2025. The nominal expiry date of the Agreement is 31 October 2027.
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