CSR BRADFORD INSULATION INGLEBURN AGREEMENT 2025

Application for variation of the CSR Bradford Insulation Ingleburn Agreement 2025 - obvious errors corrected.

[1] The employer, CSR Building Products Limited T/A CSR Bradford Insulation, has made an application under s 218A of the Fair Work Act 2009 (Cth) (Act) to correct or amend an obvious error said to be in the CSR Bradford Insulation Ingleburn Agreement 2025 (Agreement).

[2] Section 218A is as follows:

"218A 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."

[3] As the employer, the applicant has standing to make the application.

[4] As has been noted in recent decisions[1] of the Commission, s 218A of the Act is akin to the slip rule found in s 602 of the Act, the latter of which allows the Commission to correct or amend an obvious error, defect or irregularity (whether in substance or form) in relation to a decision of the Commission. The evident purpose of s 218A is to remove complexity associated with varying enterprise agreements containing obvious errors, defects or irregularities by simplifying the process by which corrections may be made.

[5] Before an amendment under s 218A can be made, there first must exist an obvious error, defect or irregularity (whether in substance or form). Upon the finding of such an error, defect or irregularity, the Commission may, not must, vary the enterprise agreement. The power to vary should only be exercised to the extent necessary to remove the error, defect or irregularity.

[6] The Agreement was approved on 15 October 2025 and came into operation on 22 October 2025.

[7] The error is said to be a typographical error in the table within clause 19 - First Aid, wherein the dates referenced do not align with the Enterprise Agreement year dates. The dates currently referenced in the First Aid table are 2021, 2022, 2023 and 2024. The Employer states the table in clause 19 - First Aid should read as follows:

[8] The employer states that the typographical errors in the First Aid table in clause 19 do not accurately reflect the years in which the allowance is increased, and may cause future implications relating to pay discrepancies around this allowance. It states the table with correct dates were presented to the workforce during the onsite toolbox talks during the access period prior to the Agreement being voted on. I also note that the pay increases for other allowances conform to the years 2025 to 2028, further indicating the nature of the obvious errors and irregularities within the First Aid table.

[9] The Agreement covers the United Workers' Union (UWU). I sought the views of the UWU who confirmed it does not object to the variation sought by the employer.

[10] I also directed the employer to take the necessary steps to notify all affected employees of the application and to advise those employees that they may provide their views regarding the application, if any, to Chambers. I received confirmation from the employer they had taken these steps and that they did not receive any objection or concern from the affected employees. No objection was received by Chambers.

[11] While s 218A does not specify what factors should be considered in the exercise of a discretion to vary an enterprise agreement, I am satisfied the proposed amendment should be made, and that it is appropriate to do so by varying the Agreement pursuant to s 218A of the Act. In the present case, the errors in the First Aid table are readily identified, as are the corrections needed to make the Agreement accurately reflect what was clearly intended and they go no further than that. There are no reasons not to exercise my discretion and good reasons to do so. The obvious error will be amended as per the order below.

[12] I order, pursuant to s 218A of the Act, that the Agreement be varied to correct an obvious error by deleting the table that appears in Clause 19 - First Aid, and replacing it with the table set out at [7] above.

[13] The variation will operate from 3 March 2026.

[1] See for example [2023] FWCA 844 per Gostencnik DP, and [2023] FWC 115 per Asbury DP (as Vice President Asbury then was).

Printed by authority of the Commonwealth Government Printer