austlii:cth/FWCA/2025/4283
General information, not legal advice.
FWCA
2025-12-15
Original judgment source is linked above.
s.218A - application to vary an agreement to correct or amend errors, defects or irregularities
EPPING TRANSPORT PTY. LTD. CONCRETE AGITATOR DELIVERY DRIVERS AGREEMENT 2025-2029
Application for variation of the Epping Transport Pty. Ltd. Concrete Agitator Delivery Drivers Agreement 2025-2029.
[1] On 14 November 2025, Epping Transport Pty Ltd applied under s.218A of the Fair Work Act 2009 (the Act) to correct or amend an obvious error in the Epping Transport Pty. Ltd. Concrete Agitator Delivery Drivers Agreement 2025-2029 (the Agreement). The Agreement was approved by me on 22 October 2025: [2025] FWCA 3533.
[2] 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.
[3] Based on the material before me, I have determined to vary the Agreement as sought by the Application. The Applicant identified errors in the wage rates provided in Clause 12 of the Agreement and has provided the correct rates in Annexure A to this decision.
[4] I am satisfied that the amendments should be made and that it is appropriate to do so in accordance with s.218A. I am also satisfied that it is appropriate for the variation to operate from the date the Agreement was approved, being 22 October 2025.
[5] The variations as ordered are attached in Annexure A to this decision.

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