Application for approval of the Core Toughened Pty Ltd and DGU Co Pty Ltd and CFMEU - Manufacturing Division Enterprise Agreement - 2025-2027

[1] An application has been made for approval of an enterprise agreement known as the Core Toughened Pty Ltd and DGU Co Pty Ltd and CFMEU - Manufacturing Division Enterprise Agreement - 2025-2027 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Core Toughened Pty Limited (Core) confirms there are typographical errors within the Agreement. The typographical errors are contained in clause 29 and comprise of incorrect references to clauses and subclauses within clause 31 which should refer to clauses and subclauses within clause 29.

[3] Under s 218A(2)(b)(i), the Commission can, on application by an employer covered by the agreement, exercise its power under s 218A(1) to "vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form)".

[4] Core contends the references in clause 29 are obvious errors within the meaning of s 218A and has therefore requested amendments to the clause. Core explains the "cross-referencing error" resulted from "deletion of terms of the previous agreement" and "references to clause 31 have not been updated to clause 29". The Construction, Forestry and Maritime Employees Union (CFMEU), a bargaining representative in this matter, "concurs ... that the incorrect number referencing is an obvious error and supports the Company's explanation as to why this occurred". They further submit that "it would be an appropriate and practical exercise of the Commission's discretion under s 218A to remedy the errors in clause 29".

[5] I am satisfied the references to clause 31 are obvious errors and therefore amend the following clauses:

• Clause 29.4(a): The reference to "clause 31.2" is amended to "clause 29.2".

• Clause 29.5: The reference to "clause 31.4" is amended to "clause 29.4".

• Clause 29.7: The reference to "clause 31.4(e)" is amended to "clause 29.4(e)".

[6] I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

[7] The CFMEU being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

[8] The Agreement is approved today 24 November 2025. It will operate from 1 December 2025 as required by section 54 of the Act. The nominal expiry date is 30 June 2027.

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