Australian Capital Territory

[2024] FWCA 4214

[2024] FWCA 4214

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

(AG2024/4657)

ACT PUBLIC SECTOR INFRASTRUCTURE SERVICES ENTERPRISE AGREEMENT 2023-2026

State and Territory government administration
DEPUTY PRESIDENT DEAN	CANBERRA, 2 DECEMBER 2024

Application for variation of the ACT Public Sector Infrastructure Services Enterprise Agreement 2023-2026.

1. The Australian Capital Territory (the Applicant) has made an application pursuant to s.218(2)(b) of the Fair Work Act 2009 (the Act), to vary the ACT Public Sector Infrastructure Services Enterprise Agreement 2023-2026 (the Agreement) to correct or amend an obvious error, defect or irregularity in the Agreement.

1. The Agreement was approved by the Commission on 19 June 2023 and commenced operation on 26 June 2023. It covers the Applicant, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Australian Workers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Construction, Forestry, Maritime, Mining & Energy Union (CFMEU), CPSU, the Community and Public Sector Union, the Health Services Union of Australia (HSU), the Transport Workers’ Union of Australia, The Association of Professional Engineers, Scientists and Managers, Australia and the United Workers’ Union.

1. The Applicant seeks a variation to the Agreement by amending in Annex A the rate of pay for Facilities Service Officer Level 7 as at 5 December 2024 from $72,265 to $75,265. The Applicant submits that the amendment has been consulted with all the union representatives and that it is to correct a typographical error and will not result in detriment to any employees covered by the Agreement.

1. I have sought the views from all the employee organisations covered by the Agreement in respect of the application. The CFMEU and HSU advised that they had no objection to the application. No responses were received from the other union representatives.

1. I am satisfied that the error in the Agreement sought to be amended is an obvious error. I am satisfied the variation should be made, and that it is appropriate to do so 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 26 June 2023.

DEPUTY PRESIDENT

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