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

[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.

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.

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.

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’.

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.

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.

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

CaseChat Overview and Summary

The Commonwealth of Australia, represented by the Department of Health, Disability and Ageing, applied for a variation of the Department of Health and Aged Care Enterprise Agreement 2024-2027. The application was brought before the Fair Work Commission (FWC) to address issues surrounding the terms and conditions of employment for the Department’s staff. The application sought changes to the current agreement to accommodate emerging operational requirements and financial constraints. The employees’ union contested the application, asserting that the proposed changes were unjust and would negatively impact the workforce.

The legal issues the FWC was required to decide upon included whether the proposed variations were reasonable and necessary in light of the department's operational needs and financial viability. The court also had to consider the implications of the changes on the employees, including whether the changes would unfairly disadvantage the workforce. Additionally, the FWC needed to evaluate the fairness of the application process and whether the department had adequately consulted with the employees’ representatives.

In its decision, the FWC found that the department had demonstrated a legitimate basis for the proposed variations, citing significant operational challenges and financial pressures. The FWC held that the changes were reasonable and necessary, given the evidence presented by the department. The commission concluded that the department had followed a fair process in seeking the variations and had appropriately consulted with the employees' representatives. The FWC acknowledged the concerns raised by the union but found that the benefits of the proposed changes outweighed the potential disadvantages to the employees. The application was ultimately approved, subject to certain conditions aimed at mitigating the impact on the workforce.

The FWC ordered that the Department of Health and Aged Care Enterprise Agreement 2024-2027 be varied as per the terms outlined in the approved application. The new terms would come into effect from a specified date, with the union and the department required to implement the changes in accordance with the agreement. The FWC also mandated ongoing consultation between the department and the employees' representatives to address any ongoing concerns and to ensure the smooth implementation of the variations.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established