Application for variation of the ACT Public Sector Medical Practitioners Determination 2023-2026.

[1] Australian Capital Territory (Applicant) has made an application pursuant to s.218A of the Fair Work Act 2009 (the Act) to vary the ACT Public Sector Medical Practitioners Determination 2023-2026 (the Determination) to correct or amend an error, defect or irregularity in the Determination.

[2] The Determination was made by the Commission on 12 November 2025 and commenced operation on that date.

[3] The Applicant seeks a variation to clause 95.18 of the Determination which currently provides:

"The eighteen weeks available as paid primary care giver leave includes any paid bonding leave (including the personal leave component of the bonding leave entitlement) previously taken by that employee in relation to the birth. For clarity, the total combined entitlement of paid bonding leave (including the personal leave component of the bonding leave entitlements) and paid primary care giver leave available is twenty six weeks in relation to the birth."

[4] The proposed variation is to replace the reference to "twenty six weeks" with "eighteen weeks" in the last sentence of clause 95.18 in order to address the apparent inconsistency within the clause.

[5] The Applicant submits that the reference to 'twenty six weeks' is a clear error. Clause 95.18 provides that the available leave for primary care givers is eighteen weeks, inclusive of any paid bonding leave. The Applicant further submits that the available leave for primary care givers under all other ACT Public Sector Enterprise Agreements is eighteen weeks and the proposed amendment should be made to reflect the obvious typographical error and to ensure consistency across all ACTPS enterprise agreements.

[6] The Commission wrote to all parties to the Agreement seeking their views on the proposed amendment. No objections to the variation application were received.

[7] I am satisfied that the error identified by the Applicant constitutes an obvious error and that the Agreement should be varied pursuant to s.218A of the Act.

[8] The variation is approved. A consolidated version of the Agreement, as varied, is attached to this decision. The variation operates from the date the Agreement commenced, being 12 November 2025.

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