Australian Capital Territory
[2024] FWCA 3976
•14 NOVEMBER 2024
[2024] FWCA 3976
The attached document replaces the document previously issued with the above code on 14 November 2024.
The Publication ID at the end of the Decision has been amended to read AE525025.
Associate to Deputy President Dean
Dated 15 November 2024
| [2024] FWCA 3976 |
| 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
(AG2024/4400)
ACT PUBLIC SECTOR HEALTH PROFESSIONAL ENTERPRISE AGREEMENT 2023-2026
| State and Territory government administration | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 14 NOVEMBER 2024 |
Application for variation of the ACT Public Sector Health Professional Enterprise Agreement 2023-2026.
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.
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.
The Applicant seeks the following variation to the Agreement:
1. In Annex A, amend the rates of pay for the following classifications from 5 December 2024:
a. Chief Medical Physics (HP6) -5.3
b. Health Professional Level 2 - 2.2, 2.3, 2.4
c. Medical Imaging Level 2-2.2, 2.3, 2.4
2. At Clause N2.4, amend
“An employee at a HP level 2 or 3 classification including pharmacy, is eligible to apply for the allowance if they at the time of applying are working in a position/ caseload where:”
to
“An employee at a HP level 2 or 3 classification including pharmacy and psychologist, is eligible to apply for the allowance if they at the time of applying are working in a position/ caseload where:”
The Applicant submits that the proposed changes to Annex A are sought to correct errors in the calculation of pay increases for the identified classifications. In relation to clause N2.4, the Applicant explains that an error was identified where psychologists at the HP2 and HP3 equivalent levels were unintentionally excluded from receiving the Advanced Skill Allowance as described in clause N2. The Applicant submits that all union bargaining representatives were consulted about the variation application and the amendments sought will not result in detriment to any employees covered by the Agreement.
On 13 November 2024, 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.
I am satisfied that the errors in the Agreement sought to be amended are obvious errors. I am satisfied the amendments should be made, and that it is appropriate to do so by varying the Agreement pursuant to s.218A of the Act.
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
Printed by authority of the Commonwealth Government Printer
<AE525025 PR781257>
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