MAYFIELD INDUSTRIES PTY LIMITED MANUFACTURING AGREEMENT 2025

Application for variation of the Mayfield Industries Pty Limited Manufacturing Agreement 2025

[1] Mayfield Industries Pty Ltd (the Applicant) has made an application pursuant to section 218A of the Fair Work Act 2009 (Cth) (the Act) to vary the Mayfield Industries Pty Ltd Manufacturing Agreement 2025 (the Agreement).

[2] The Agreement was approved by the Commission on 16 September 2025 and commenced operation on 23 September 2025.[1] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) are covered by the Agreement pursuant to section 201(2) of the Act.

[3] The Applicant submits that the Agreement contains an obvious error. The Applicant submits that the wages rates in Table 1 of Annexure B to the Agreement contains an error in respect of the Year 2 and 3 wage rates for non-trade classification levels 4-8. It is the Applicant's contention that the Year 2 and 3 wage rates do not include a 4% and 3% increase respectively on the Year 1 rates, but rather include higher rates applicable to trade qualifications in error. This is evident from Table 2 in the Annexure to the Agreement that contains the higher rates of pay applicable to trade qualified employees. The Applicant submits that Table 1 is a new wage table in this version of the Agreement and the error occurred when an incorrect version of the wage table was entered into the draft agreement.

[4] It is the Applicant's submission that this is an obvious error as it contradicts clause 11 of the Agreement which specifies that employees will receive a pay rise of 4% on 22 June 2026 and 3% on 22 June 2027 and the headings in the existing wage table that also set out the same increases. Further, the Applicant submits that "all parties to the agreement understood the intention of the new Table 1 was to represent lower wage rates than the Trade rates in Table 2, and that wages would increase by 4% in Year 2 and 3% in Year 3. As such the Applicant submits that its proposed variation does not impact on genuine agreement."[2]

[5] Section 218A of the Act provides:

218A 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):

(i) one or more of the employers 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.

[6] I am satisfied that the Agreement contains the obvious errors described in the application. It is obvious because the rates of pay in Table 1 of Annexure B, classification levels 4 - 8 in the Agreement exceed the relevant percentage increases set out in clause 11 of the Agreement. A review of the amended Agreement filed with the application corrects the pay rates to reflect the correct increases.

[7] I also note that the AMWU and the CEPU were consulted about the proposed variation. The AMWU advised the Commission that it agreed with the proposed variation. The CEPU did not support nor oppose the application.

[8] I am persuaded that it is appropriate to exercise my discretion to correct the obvious errors.

[9] Annexure B Table 1 is varied to remove the following table:

[10] In place of that table, a new Annexure B Table 1 is inserted in the Agreement and will appear as follows:

[11] The variation will operate from 2 February 2026. The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[1] [2025] FWCA 3110.

[2] Form F1 application at section 2.2, paragraph 5.

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