austlii:cth/FWCA/2026/64
General information, not legal advice.
FWCA
2026-01-14
Original judgment source is linked above.
s.218A - application to vary an agreement to correct or amend errors, defects or irregularities
Queensland Titles Registry Pty Ltd Trading AS Titles Queensland
Application for variation of the Titles Queensland Enterprise Agreement 2025
[1] On 22 December 2025, Queensland Titles Registry Pty Ltd T/A Titles Queensland (the Employer) made an application to the Fair Work Commission (the Commission) under s.218A of the Fair Work Act 2009 (the Act) to vary the Titles Queensland Enterprise Agreement 2025 (the Agreement) to correct an obvious error, defect or irregularity. The Agreement was approved by me on 11 December 2025.[1]
[2] In its variation application, the Employer stated that the Agreement contained a typographical error in the table in Schedule 1.1 of the Agreement which outlines the rates of pay for the Registry Officer stream. The heading of the fourth column in that table currently reads "Salary 1/07/2026 to 30/06/2027 per annum". The Employer stated that the heading should instead read "Salary 1/07/2025 to 30/06/2026 per annum". The Employer asks the Commission to vary the Agreement under s.218A to correct the error by amending the heading of the fourth column of the relevant table.
[3] Upon allocation of the variation application to me, I advised the parties of my preliminary view that variation sought by the Employer could be made under s.218A of the Act. I invited the Australian Municipal, Administrative, Clerical and Services Union provide any views in relation to the application. No views were received.
[4] Section 218A of the Act provides as follows:
"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."
[5] The column identified by the Employer appears next to the third column of the table. The third column outlines the relevant salary for the period of 1/07/2025 to 30/06/2026 per fortnight. It is clear to me that the fourth column was intended annualise the salary for the same period, noting that the fifth and sixth columns of the table respectively outline the fortnightly and annual salary for the period of 1/07/2026 to 30/07/2027.
[6] I am therefore satisfied that the heading of the fourth column in the table in Schedule 1.1 of the Agreement at pages 47 and 48 represents an obvious error within the meaning of s.218A of the Act. I note that it is only the heading of the relevant column that is in error; the actual salaries that appear throughout the table are correct.
[7] Being satisfied that the Agreement contains an obvious error, I exercise my discretion to vary the Agreement to correct the errors identified by varying the heading of the fourth column in the table on pages 47 and 48 of the Agreement from "Salary 1/07/2026 to 30/06/2027 per annum" to "Salary 1/07/2025 to 30/06/2026 per annum". I do so on application by the Employer in accordance with s.218A(2)(b)(i).
[8] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision. In accordance with s.218A(3) of the Act, the variation will operate from the commencement date of the Agreement, which was 18 December 2025.
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