austlii:cth/FWCA/2025/3837
General information, not legal advice.
FWCA
2025-11-14
Original judgment source is linked above.
GPC ASIA PACIFIC QUEENSLAND DISTRIBUTION CENTRE ENTERPRISE AGREEMENT 2025-2027
Application for approval of the GPC Asia Pacific Queensland Distribution Centre Enterprise Agreement 2025-2027
[1] GPC Asia Pacific Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the GPC Asia Pacific Queensland Distribution Centre Enterprise Agreement 2025-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
[2] I have taken into consideration the material filed in the Commission. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
[3] The United Workers' Union (UWU), being a bargaining representative for the Agreement, has given notice under s.183 that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the UWU.
[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 November 2025. The nominal expiry date of the Agreement is 30 June 2027.
[5] In the copy of the Agreement lodged with the approval application, the Agreement's title clause provided that the name of the Agreement was the GPC Asia Pacific Limited Queensland Distribution Centre Certified Agreement 2025-2027. This title was inconsistent with that provided in the Form F16 and Form F17B lodged with the approval application, and the cover page of the Agreement itself. In correspondence issued to the parties, I advised the parties of this apparent error and sought submissions as to the correct name of the Agreement, noting the Commission's power under s.218A of the Act to vary an agreement to correct obvious errors.
[6] The Employer advised that the correct name of the Agreement is the GPC Asia Pacific Queensland Distribution Centre Enterprise Agreement 2025-2027. Having regard to the material lodged with the Agreement, the Agreement itself and the Employer's views, I am satisfied that that the name of the Agreement provided in the title clause is an obvious administrative error as contemplated by s.218A of the Act.
[7] Accordingly, I exercise my discretion to vary the Agreement to correct the error, such that the Agreement's title clause identifies the Agreement by its correct name, being the GPC Asia Pacific Queensland Distribution Centre Enterprise Agreement 2025-2027. I do so on the Commission's own initiative pursuant to s.218A(2)(a) of the Act. The Employer has provided a corrected copy of the Agreement containing the correct title. That version of the Agreement will be published alongside this decision.
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