Commonwealth of Australia as represented by the Department of Health, Disability and Ageing

Case

[2025] FWCA 3318

2 OCTOBER 2025


[2025] FWCA 3318

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Commonwealth of Australia as represented by the Department of Health, Disability and Ageing

(AG2025/3325)

DEPARTMENT OF HEALTH AND AGED CARE ENTERPRISE AGREEMENT 2024–2027

Commonwealth employment

DEPUTY PRESIDENT DEAN

CANBERRA, 2 OCTOBER 2025

Application for variation of the Department of Health and Aged Care Enterprise Agreement 2024-2027.

  1. Commonwealth of Australia as represented by the Department of Health, Disability and Ageing (Applicant) has made an application pursuant to s.218A of the Fair Work Act 2009 (the Act) to vary the Department of Health and Aged Care Enterprise Agreement 2024-2027 (the Agreement) to correct or amend an error, defect or irregularity in the Agreement.

  1. The Agreement was approved by the Commission on 18 January 2024 and commenced operation on 25 January 2024. CPSU, the Community and Public Sector Union, the Australian Nursing and Midwifery Federation and the Australian Salaried Medical Officers Federation are covered by the Agreement.

  1. The application seeks to correct typographical errors as follows:

1.By replacing the word ‘excepted’ in clause 179 with ‘expected’.

2.By replacing the word ‘factor’ in clause 390(C) with ‘facto’.

3.By replacing the word ‘factor’ in Attachment A, under the definition of ‘Partner’, with ‘facto’.

  1. On 30 September 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 are obvious errors. I am further satisfied that the proposed amendments should be made, and that it is appropriate to vary 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 25 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE523185  PR792321>

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0