ACT PUBLIC SECTOR HEALTH PROFESSIONAL ENTERPRISE AGREEMENT 2023-2026

Application for variation of the ACT Public Sector Health Professional Enterprise Agreement 2023-2026

[1] An application has been made by Australian Capital Territory trading as ACT Public Sector (Applicant) pursuant to s.218A of the Fair Work Act 2009 (Cth) (Act) to vary the ACT Public Sector Health Professional Enterprise Agreement 2023-2026 (Agreement) to correct or amend an error, defect or irregularity.

[2] The Agreement was approved by the Fair Work Commission (Commission) on 13 June 2024[1] and commenced operation on 20 June 2024. The Applicant is the employer covered by the Agreement. The Agreement is a single enterprise agreement which covers the Applicant and its employees, the Association of Professional Engineers, Scientists and Managers, Australia (APESMA), United Services Union (USU), the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union", known as the Australian Manufacturing Workers' Union (AMWU), the Community and Public Sector Union (CPSU), the Health Services Union (HSU), and the United Workers Union (UWU).

[3] The Agreement was varied by the Fair Work Commission (Commission) on 14 November 2024, with effect from 20 June 2024,[2] and on 26 June 2025, with effect from 20 June 2024.[3]

[4] Annexure A of the Agreement published by the Commission on 13 June 2024 states that the pay rates applicable to a Level 3- 3.5 Medical Imaging employee are as follows from 6 June 2024:

[5] A calculation error appears to have been made and the Applicant seeks to have the Agreement varied in respect of the rates of pay for a Level 3-3.5 Medical Imaging employee as follows:

[6] Section 218A(1) provides that the Commission may vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form). It is intended to simplify the process for correcting obvious errors, defects or irregularities in enterprise agreements.[4] The changes are beneficial to Level 3.5 Medical Imaging employees and no party objected to the variation sought by the Applicant. I am satisfied there is an obvious error in the Agreement I have decided to exercise my discretion to amend it to give effect to the substantive agreement made between the parties.

[7] Pursuant to section 218A of the Act, I vary the Agreement to correct this obvious error such that the Agreement now includes the updated pay rates as reflected above.

[8] The variation operates from 20 June 2024 being the date the Agreement commenced operation.

[1] [2024] FWCA 2190

[2] [2024] FWCA 3976

[3] [2025] FWCA 2104

[4] Explanatory Memorandum to the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 at [772].

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