GFWA Pty Ltd [2025] FWCA 2205 (7 July 2025)

[1] An application has been made for approval of an enterprise agreement known as the GFWA Pty Ltd Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GFWA Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry and Maritime Employees Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 July 2025. The nominal expiry date of the Agreement is 7 July 2029.

[5] Clause 4(b) of the Agreement stated, 'The nominal expiry date of this Agreement is three (4) years after the day on which the FWC approves the Agreement.' It was therefore unclear if the agreement was intended to expire three or four years from the date of approval.

[6] On 4 July 2025 my Chambers wrote to the parties asking them to confirm the obvious error and provide further information as to what was agreed by the parties and explained to employees.

[7] The Applicant's representative responded to my chambers on 4 July confirming the error in clause 4(b) and explaining that the agreement was intended to expire 4 years from the date approval which, is reflected in explanatory materials provided to employees. Subsequently, my chambers wrote back to the parties on 4 July indicating that the Agreement would be varied pursuant to s.218A(2)(a) of the Act to correct or amend an obvious error, defect or irregularity.

[8] Section 218A of the Act came into effect on 7 December 2022 following the enactment of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 and is as follows:

"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."

[9] Considering s.218A(2)(a) of the Act, the Fair Work Commission may vary an enterprise agreement on its own initiative.

[10] I am satisfied that the agreement should be varied to correct the error in clause 4(b) of the Agreement so that the nominal expiry date of the agreement is four years from the date of approval.

[11] I order, pursuant to s.218A of the Act, that clause 4(b) of the Agreement be varied to correct the obvious error.

[12] The variation will operate from 7 July 2025.

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