The Commonwealth of Australia, as represented by Services Australia

Case

[2024] FWCA 1070

27 MARCH 2024


[2024] FWCA 1070

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

The Commonwealth of Australia, as represented by Services Australia

(AG2024/912)

SERVICES AUSTRALIA MEDICAL OFFICERS ENTERPRISE AGREEMENT 2024-2027

Commonwealth employment

DEPUTY PRESIDENT COLMAN

MELBOURNE, 27 MARCH 2024

Services Australia Medical Officers Enterprise Agreement 2024-2027

  1. An application has been made under s 218A of the Fair Work Act 2009 (Act) by the Commonwealth of Australia, as represented by Services Australia, to vary the Services Australia Medical Officers Enterprise Agreement 2024-2027 (Agreement) in order to correct obvious error. Services Australia consulted with the bargaining representatives for the agreement about the proposed amendments. Those representatives who expressed a view supported the proposed amendments. The variation would address typographical and cross-referencing errors, and remove an errant word, by making the following changes: in clause A8, replacing ‘bone fide’ with ‘bona fide’; in clause B2.4, replacing ‘Part G’ with ‘Part B’; in clause F1.1, replacing ‘F5.3’ with ‘F6’; in clause G5.4, removing the word ‘support’; in clause G12.1(b), replacing the word ‘Secretary’ with ‘Agency Head’; in clause J4.10, replacing ‘J4.2’ with ‘J4.3’.

  1. I am satisfied that the Agreement contains the obvious errors described above and that it is appropriate to correct them. The Agreement is varied in the manner proposed by the applicant. The variations will operate from the date on which the Agreement will commence operation, which is 3 April 2024, and will be reflected in the published document.


DEPUTY PRESIDENT
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