austlii:cth/FWCA/2025/4199
General information, not legal advice.
FWCA
2025-12-10
Original judgment source is linked above.
s.218A - application to vary an agreement to correct or amend errors, defects or irregularities
McNab NQ Pty Ltd trading as McNab Constructions Australia
MCNAB TRADES AND LABOUR ENTERPRISE AGREEMENT 2024
Application for variation of the McNab Trades and Labour Enterprise Agreement 2024 - discretion under s 218A enlivened and exercised - application granted
[1] This is an edited version of my decision given ex tempore and recorded in transcript on 10 December 2025:
I am satisfied that the error identified in the amended application of 23 June 2025 is an obvious error, defect or irregularity. I am satisfied that the application has been properly made. In the circumstances, and having regard to the evidence and the submissions, I exercise my discretion to vary the McNab Trades and Labour Enterprise Agreement 2024 ("the Agreement") accordingly. ... The operative date of the variation is the date of the approval of the Agreement. I order accordingly.
[2] To give effect to the decision set out above, I order that the variation to remove the words "Multi-storey allowance" from Appendix C of the McNab Trades and Labour Enterprise Agreement 2024 is approved effective 6 December 2024.
[3] The consolidated version of the Agreement, as varied, is attached to this decision.
Printed by authority of the Commonwealth Government Printer
Mr R Gunningham and Ms M Beldan of Batch Mewing Lawyers for the Applicant