Australian Capital Territory

[2025] FWCA 2104

[2025] FWCA 2104

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.218A - application to vary an agreement to correct or amend errors, defects or irregularities

Australian Capital Territory

(AG2025/1816)

ACT PUBLIC SECTOR HEALTH PROFESSIONAL ENTERPRISE AGREEMENT 2023-2026

State and Territory government administration
DEPUTY PRESIDENT DEAN	CANBERRA, 26 JUNE 2025

Application for variation of the ACT Public Sector Health Professional Enterprise Agreement 2023-2026.

1. Australian Capital Territory (Applicant) has made an application pursuant to s.218A of the Fair Work Act 2009 (the Act) to vary the ACT Public Sector Health Professional Enterprise Agreement 2023-2026 (the Agreement) to correct or amend an error, defect or irregularity in the Agreement.

1. The Agreement was approved by the Commission on 13 June 2024 and commenced operation on 20 June 2024. The Association of Professional Engineers, Scientists and Managers, Australia; Australian Municipal, Administrative, Clerical and Services Union; the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union”, known as the Australian Manufacturing Workers’ Union; the Community and Public Sector Union and the Health Services Union are covered by the Agreement.

1. The Applicant seeks the following variation to the Agreement:

1. In Annex C, amend the Pathology Allowance from 4 December 2025 as follows:

a.   For HP2.3, amend the rate to $6,700.

b.   For HP3.5, amend the rate to $6,589.

2.        Replace clause B32.5 with the following:

B32.5A new graduate covered by this Agreement who meets the discipline specific requirements at the end of the relevant new graduate period will progress to one of the following:

B32.5.1 For HP, Medical Imaging and Psychology classifications, to the next classification level at an equivalent increment level to the base level (including incremental progression in accordance with subclause C5.5 or subclause C6.4). For example an employee at HP1.1 upon successful achievement of the discipline specific requirements (including 12 months service) will progress to HP2.1. For clarity, all progression equivalencies are in the following table:

Classification	Progresses to
HP1.1 or Equivalent	HP2.1 or Equivalent
HP1.2 or Equivalent	HP2.2 or Equivalent
HP1.3 or Equivalent	HP2.3 or Equivalent
HP1.4 or Equivalent	HP2.4 or Equivalent
HP1.5 or Equivalent	HP2.4 or Equivalent

B32.5.2 For all other classifications, to the first pay point of the next highest classification.

For example a Perfusionist at PERF1.2 upon successful achievement of the discipline specific requirements (including 12 months service) will progress PERF1.2 to PERF3.1.

1. The Applicant submits that the proposed amendments to Annex C are intended to correct errors in the calculation of the December 2025 increases to the Pathology Allowance for employees classified at the HP2.3 and HP3.5 levels. In relation to clause B32.5, the Applicant states that the variation is sought to address an unintended defect, arising from the introduction of the new classification structure in Section U of the Agreement, which may adversely affect graduates by resulting in a lower rate of pay on progression to the HP2 level (or its equivalent). The Applicant further submits that all union bargaining representatives were consulted regarding the variation application, and that the proposed amendments will not result in any detriment to employees covered by the Agreement.

1. On 19 June 2025, correspondence was sent to all parties to the Agreement seeking their views on the proposed amendments. The Commission has received no objection to the variation application.

1. I am satisfied that the errors in clause B32.5 and Annex C are obvious errors or defects. I am further satisfied that the proposed amendments should be made, and that it is appropriate to do so by varying the Agreement pursuant to s.218A of the Act.

1. The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision. The variation operates from the date the Agreement commenced, being 20 June 2024.

DEPUTY PRESIDENT

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