Australian Capital Territory
[2024] FWCA 2137
•11 JUNE 2024
| [2024] FWCA 2137 |
| 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
(AG2024/2035)
ACT PUBLIC SECTOR INFRASTRUCTURE SERVICES ENTERPRISE AGREEMENT 2023-2026
| State and Territory government administration | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 11 JUNE 2024 |
Application for variation of the ACT Public Sector Infrastructure Services Enterprise Agreement 2023-2026.
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.
The Applicant seeks to insert at the end of clause V3.2 the following sentence:
“Employees employed at the GSO2 classification will transfer from any pay point within GSO2 to GSO3.1 and the transfer will occur without the need for a merit selection process under the PSM Act.”
The Applicant submits that the omission was identified after a variation to the Agreement was approved by the Commission on 17 May 2024[1]. The Applicant has consulted with all union bargaining representatives and submits that the variation sought will not result in detriment to any employees covered by the Agreement.
I am satisfied that the error sought to be amended is an error within the meaning of s.218A(1) of the Act and that it is appropriate to correct it. The variation is approved and in accordance with s.218A(3) of the Act will operate from 11 June 2024. An order giving effect to this decision will be separately issued.
DEPUTY PRESIDENT
[1] See AE520401 PR775044.
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