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[9]
austlii:cth/FWCA/2025/1735
General information, not legal advice.
FWCA
2025-05-26
Original judgment source is linked above.
s.218A - application to vary an agreement to correct or amend errors, defects or irregularities
CYCON CIVIL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CIVIL & INFRASTRUCTURE ENTERPRISE AGREEMENT 2024 - 2027
Application for variation of the CYCON CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Civil & Infrastructure Enterprise Agreement 2024 - 2027
[1] On 7 May 2025, Cycon Civil Pty Ltd (the Applicant) made an application pursuant to s.218(2)(b) of the Fair Work Act 2009 (the Act), to vary the CYCON CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Civil & Infrastructure Enterprise Agreement 2024 - 2027 (the Agreement) to correct or amend an obvious error, defect or irregularity.
[2] The Agreement was approved by the Commission on 28 March 2025 and commenced operation on 4 April 2025.[1] The Applicant is the Employer covered by the Agreement. The Construction, Forestry and Maritime Employees Union (CFMEU) is also covered by the Agreement.
[3] The Applicant seeks the following variations to the Agreement (emphasised in bold):
The definition of 'Employer' in Clause 2:
'Cycon Civil Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil & Infrastructure Enterprise Agreement 2024-2027'
[4] The Applicant submits the variations were caused as a result of administrative error and that the Agreement title and employer name should be varied to reflect the correct legal entity of the employer. The Applicant also submits the variations are consistent with the information that was communicated to employees during the vote. I note the Agreement title on the NERR which was submitted with the s.185 approval application is consistent with the proposed variation.
[5] I have sought the views of the CFMEU. No view was expressed. Accordingly, I have determined the matter based on the material filed.
[6] The errors, which were not identified until after the Agreement was approved, are errors of substance and would therefore fall within the scope of s.218A(1).
[7] The application is made in accordance with the requirements of s.218A(2)(b)(i) of the Act.
[8] I have determined to approve the variation sought which will operate from 26 May 2025.
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