Application for variation of the Bestbar (Vic) Pty Ltd Enterprise Agreement 2025-2028

[1] The Australian Workers' Union (AWU) has applied under s.218A of the Fair Work Act 2009 (Cth) (the Act) for a variation to the Bestbar (Vic) Pty Ltd Enterprise Agreement 2025-2028.

[2] At a Mention before me on 23 October 2025, the representative of Bestbar (Vic) Pty Ltd ("Bestbar") confirmed it consented to the application.

[3] Section 218A allows the Commission to vary an enterprise agreement to correct an obvious error, defect or irregularity.

[4] The AWU application (the Application) set out the grounds of the application and attached a number of supporting documents. At the Mention, the parties confirmed the information in the Application.

[5] Before exercising a power to vary under s.218A, the Commission must first be satisfied of the existence of an obvious error, defect or irregularity (whether in substance or form). Upon the finding of such an error, defect or irregularity, the Commission may vary the enterprise agreement. The power to vary should only be exercised to the extent necessary to remove the error, defect or irregularity.

[6] The Application seeks to vary the Agreement by deleting the final dot point of cl 21c(ii). The text to be deleted is marked up below:

21c (ii) Personal leave to care for an immediate family or household member

• A full-time or regular part time employee is entitled to use their personal leave to care for members of their immediate family or household who are sick or injured and require care and support or who require care due to an unexpected emergency.
• The entitlement is subject to the employee providing care and support of the person concerned.
• Employees are entitled to access an additional five (5) days paid Carer's Leave for each calendar year. This entitlement is not cumulative.
• This additional Carer's Leave is available to part-time employees on a pro-rata basis.
• The five (5) additional days of personal leave may be used where the employee is ill or injured, or for the purposes of Carer's Leave in accordance with this Agreement.

[7] The AWU Application indicates that during recent bargaining in respect of the Agreement, the AWU made a claim for an additional five (5) days paid Carer's Leave for each calendar year with a pro rata entitlement for a part time employee. This claim was accepted by Bestbar and encompassed in the third and fourth dot points to clause 21c(ii). However, during the drafting process, the last dot point was included in clause 21c(ii) by error.

[8] Furthermore, the detailed explanatory material provided to employees in conformity with s 180(5) and prior to the employee vote to approve the Agreement, explained that there was no change to personal leave save that employees would receive an additional entitlement to carer's leave encompassed in the third and fourth dot points. Consequently, the variation is consistent with the explanation provided to employees regarding the terms of the Agreement prior to their vote to approve it.

[9] Based on the above matters and the information set out in the Application and the documents which accompanied it, I am satisfied that there is an obvious error in the Agreement being the inclusion of the last dot point in clause 21c(ii). I am satisfied that it is appropriate to vary the Agreement by deleting the last dot point in clause 21c(ii)

[10] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[11] In accordance with s.218A(3) of the Act, the variation operates from 7 November 2025.

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