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austlii:cth/FWCA/2025/2252
General information, not legal advice.
FWCA
2025-07-09
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
CORINTHIAN INDUSTRIES SA ENTERPRISE AGREEMENT 2025
Application for approval of the Corinthian Industries SA Enterprise Agreement 2025
[1] Corinthian Industries (Australia) Pty Ltd (ABN: 52 000 067 185) has applied for approval of an enterprise agreement known as the Corinthian Industries SA Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009.
[2] The Agreement is a single enterprise agreement.
[3] Clause 6.3 of the Agreement gives precedence to the NES, and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[4] The Employer has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
[5] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
[6] The Construction, Forestry and Maritime Employees Union (CFMEU) lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the CFMEU.
[7] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 16 July 2025.
[8] In accordance with clause 3.1.1, the nominal expiry date of the Agreement is 31 May 2028.
Variation under s 218A
[9] Section 218A of the Act allows the Commission to correct or amend obvious errors, defects or irregularities. It is a discretionary power, and the Commission must first be satisfied that the identified errors or amendments sought are obvious errors, defects or irregularities.
[10] I determined to vary the Agreement on my own initiative, following the identification of the error in clause 11.1.
[11] I am satisfied that the amendments should be made and that it is appropriate to do so in accordance with s 218A. The variation will operate from the date the Agreement commences.
[12] The Agreement attached to this Decision is the Agreement as varied and will operate from 16 July 2025. The nominal expiry date of the Agreement as varied is 31 May 2028.
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