Australian Capital Territory Summary

[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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application to vary the terms of the ACT Public Sector Infrastructure Services Enterprise Agreement 2023-2026. The applicant, on behalf of certain employees, sought changes to the existing agreement to address concerns relating to wages and conditions. The application was heard by the Fair Work Commission, which has jurisdiction over industrial disputes and the interpretation and application of enterprise agreements in Australia. The legal issues before the Commission were whether the proposed variations were necessary to ensure fairness and reasonableness in the workplace and whether they were consistent with the objectives of the Fair Work Act 2009.

The Fair Work Commission carefully considered the submissions and evidence presented by both parties. It examined whether the proposed changes would result in a fair and reasonable outcome for the employees and whether they were in line with the principles of the Fair Work Act. The Commission also assessed the impact of the variations on the broader public sector and the potential implications for industrial relations within the ACT. After thorough deliberation, the Commission determined that the proposed variations were justified and in the best interests of the employees. It found that the changes would address the concerns raised and promote fairness and reasonableness in the workplace.

Consequently, the Fair Work Commission granted the application for variation of the ACT Public Sector Infrastructure Services Enterprise Agreement 2023-2026. The approved changes include adjustments to wages, working conditions, and other relevant provisions. The decision is intended to enhance the terms and conditions for the employees while maintaining a balanced approach that considers the interests of both the employees and the broader public sector. The final orders reflect the Commission's determination and provide a clear framework for the implementation of the varied agreement.

Australian Capital Territory

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established