austlii:cth/FWCA/2026/424
General information, not legal advice.
FWCA
2026-02-18
Original judgment source is linked above.
s.185 - Enterprise agreement
Hills Tankers Qld Trading AS Hills Tankers Pty Ltd
HILLS TANKERS BULK LIQUIDS NORTH QLD ENTERPRISE AGREEMENT 2025
Application for approval of the Hills Tankers Bulk Liquids North QLD Enterprise Agreement 2025
[1] Hills Tankers Qld T/A Hills Tankers Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Hills Tankers Bulk Liquids North QLD Enterprise Agreement 2025 (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 Transport Workers' Union of Australia (TWU), 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 TWU.
[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2026. The nominal expiry date of the Agreement is 18 February 2029.
[5] In correspondence issued to the Employer, I advised that clauses 1.9.3 and 1.9.8(2) contained clause referencing errors which stated "Error! Reference source not found" when referring to certain sub-clauses within the Agreement's workplace delegates' rights clause. I indicated to the Employer my view that this was a technical error capable of correction under s.218A of the Act.
[6] The Employer provided a revised copy of the Agreement correcting the error and providing the correct references to clause 1.9.3 and clauses 1.9.6 and 1.9.7 respectively.
[7] I am therefore satisfied that the errors identified are obvious technical errors within the meaning of s.218A of the Act, and that it is appropriate to amend the relevant clauses by inserting the correct clause references. Accordingly, I exercise my discretion to do so on the Commission's initiative pursuant to s.218A(2)(a) of the Act. The Employer has provided a revised copy of the Agreement incorporating the variation. That version of the Agreement will be published alongside this decision.
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