Application for variation of the FBIS International Protective Services Pty Ltd Collective Agreement 2024-2028

[1] FBIS International Protective Services Pty Ltd (the Applicant) has made an application pursuant to s 218A of the Fair Work Act 2009 (the Act) to vary the FBIS International Protective Services Pty Ltd Collective Agreement 2024-2028[1] (the Agreement) to correct or amend an error, defect or irregularity in the Agreement.

[2] The Agreement was approved by the Commission on 12 March 2026 and commenced operation on 19 March 2026.[2] The Applicant submits that the Agreement contains errors, defects or irregularities, the details of which are set out and considered below. The Maritime Union of Australia, a Division of the Construction, Forestry and Maritime Employees' Union (MUA), which was a bargaining representative for the Agreement; does not oppose the application.

[3] Section 218A, which came into effect on 7 December 2022 as part of the reforms contained within the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022, provides for the variation of enterprise agreements to correct or amend an obvious error, defect or irregularity and relevantly provides as follows;

"(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."

[4] The Explanatory Memorandum (EM) that supports the above-referred Bill relevantly states as follows;

"772. This part would remove unnecessary complexity in the agreement-making process by amending the FW Act to:

• simplify the process for correcting any obvious errors, defects or irregularities in enterprise agreements; and

• provide a simple remedy to address the situation where the wrong version of an enterprise agreement or variation has been inadvertently submitted to, and approved by, the FWC."

[5] The variation sought by the Applicant seeks to address an error in respect of the supervision allowance found in the 'Wage Related allowance' table at clause 3.4.1 (the Allowance Table) of the Agreement. In the Allowance Table the various supervision allowances are expressed as an amount per shift ranging from $45.52 per shift for supervising 1-5 employees up to $80.46 per shift for supervising over 20 employees. The Applicant submits that an error was made in describing the supervision allowance rates as being paid 'per shift'.

[6] The Applicant submits that the supervision allowances set out in the Allowance Table are erroneously stated to be paid 'per shift' when the intention was to align the payment with the supervision allowances in the Security Services Industry Award 2020 (the Award), which are paid 'per week'. This was explained to employees prior to the ballot for approval of the Agreement.

[7] Having reviewed the material filed in support of the application, including a witness statement of Mr Jarrod Christmas, National Operations Manager for the Applicant; I am satisfied that it is appropriate for the Commission to vary the Agreement to amend the Table, such that payment of the supervision allowances is expressed to be on the basis of the specified allowances being 'per week' rather than 'per shift'.

[8] For the reasons set out above, I am satisfied that the above-described drafting error that occurred in respect of the supervision allowances in the Allowance Table of the Agreement falls within the scope of s 218A(1) of the Act. I am further satisfied that the application to vary the Agreement has been made by the employer covered by the Agreement, thus satisfying the requirements of s.218A(2)(b)(i) of the Act. The variation sought will operate from 19 March 2026. An order giving effect to this decision will be separately issued.

[2] [2026] FWCA 622.

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