Application for variation of the Solenis Australia Pty Ltd Springvale Site Enterprise Agreement 2025

[1] Solenis Australia Pty Ltd (Applicant) has made an application pursuant to s.218A of the Fair Work Act 2009 (Cth) (Act) to vary the Solenis Australia Pty Ltd Springvale Site Enterprise Agreement 2025 (Agreement) to correct or amend an obvious error, defect or irregularity.

[2] The Agreement was approved by the Fair Work Commission on 25 September 2025 and commenced operation on 2 October 2025. The nominal expiry date of the Agreement is 31 October 2028.

[3] The Australian Workers' Union (AWU) are covered by the Agreement.

[4] The Applicant seeks that the Agreement be varied to correct the following errors:

"1. The Applicant seeks that the Commission vary the Solenis Australia Pty Ltd Springvale Site Enterprise Agreement 2025 (AG2025/3158), pursuant to section 218A of the Fair Work Act 2009 (Cth), to correct or amend the following obvious errors:

1. In clause 22.1 'First Aid Allowance', that the text of the clause be amended to update the references to wage adjustments in future years as follows: An employee who is qualified and is appointed as a First Aid attendant shall receive an allowance of $29.51 per week and will be increased in line with the agreed wage adjustments of 4% in 2026 and 4% in 2027.

2. In clause 22.2 'Meal Allowance', that the value of the allowance be amended to reflect the correct value of the allowance at the commencement of the agreement, as follows:

For the life of this agreement, an employee required to work overtime for a period of more than two hours before or after their ordinary working time shall be entitled to a rest break of 20 minutes and shall be paid a Meal Allowance of $22.13 for the cost of a meal and if the work extends into a second meal break, which shall be after each four (4) hours, a further sum shall be paid provided that the employee is to continue working after the meal break. This rate will be increased in line with the agreed wage adjustments of 4% in 2026 and 4% in 2027.

1. In clause 22.3 'Meal Allowance', that the value of the allowance set out in the table for each year be amended to reflect the correct value of the allowance, as follows:

[5] Section 218A of the Act came into effect on 7 December 2022 following the enactment of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 and is as follows:

"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):

• (a) on its own initiative; or
• (b) on application by any of the following:

  • (i) one or more of the employers covered by the agreement;

  • (ii) an employee 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] Considering ss.218A(2)(b)(i) and (iii) of the Act, the Fair Work Commission may vary an enterprise agreement on application by one or more of the employers covered by the agreement or an employee organisation covered by the agreement.

[7] I am satisfied that the errors outlined at [4] constitute obvious errors and should be corrected by varying the Agreement. There are no grounds of which I am aware which would tend against the exercise of my discretion to vary the Agreement.

[8] I order pursuant to s.218A of the Act, that the Agreement be varied to correct the errors outlined at [4].

[9] The variation will operate from 16 December 2025.

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