Application for variation of the HealthShare Victoria Enterprise Agreement 2024

[1] On 29 January 2025, I approved the Healthshare Victoria Enterprise Agreement 2024 (Agreement).[1]

[2] On 18 February 2026, an application was made by Health Purchasing Victoria (Applicant) pursuant to s.218A of the Fair Work Act 2009 (Cth) (Act) to vary the Agreement to correct or amend obvious errors, defects or irregularities in the Agreement.

[3] The Applicant submits that the Agreement contains an unintentional administrative error affecting the rates of pay contained within Schedule B, the details of which are set out and considered below.

[4] Section 218A, which came into effect on 7 December 2022 as part of the reforms contained within the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022, provides for the variation of an enterprise agreement to correct or amend an obvious error, defect or irregularity, and relevantly provides as follows:

• (1) The FWC may vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form).

• (2) The FWC may vary an enterprise agreement under subsection (1);

  • (a) on its own initiative; or

  • (b) on application by any of the following:

    • (i) one or more of the employers covered by the agreement;

    • (ii) an employee covered by the agreement;

    • (iii) an employee organisation covered by the agreement.

• (3) If the FWC varies an enterprise agreement under subsection (1), the variation operates from the day specified in the decision to vary the agreement.

[5] The Explanatory Memorandum (EM) that supports the above-referred Bill relevantly states as follows:

772. This part would remove unnecessary complexity in the agreement-making process by amending the FW Act to:

• simplify the process for correcting any obvious errors, defects or irregularities in enterprise agreements; and

• provide a simple remedy to address the situation where the wrong version of an enterprise agreement or variation has been inadvertently submitted to, and approved by, the FWC.

[6] The Applicant seeks to retrospectively vary Schedule B of the Agreement to correct an obvious error and/ or defect by amending three of the rates of pay contained in the Classifications Bands and Rates of Pay table.

[7] The Applicant submits that the maximum rates of pay for the Band 4B Max classification contained in Schedule B of the Agreement are incorrect and inconsistent with the agreed 3% annual wage increases stipulated in clause 22.3 of the Agreement.

[8] The current maximum rates of pay for the Band 4B Max classification are as follows:

[9] However, when the 3% annual wage increase is correctly applied, the rates for the Band 4B Max classification are as follows:

[10] The Applicant seeks the following orders:

• (a) The Agreement is varied by deleting the table contained in Schedule B of the Agreement and replacing it with the table attached in Appendix A;

• (b) The variation will operate from 5 February 2025;

• (c) The consolidated version of the Agreement as amended will be published on the Commission's website.

[11] The Community and Public Sector Union (CPSU) are a party to the Agreement. The Commission sought the views of the CPSU and note that the CPSU consent to the application and orders sought by the Applicant.

[12] For the reasons set out above, I am satisfied that the errors listed in [6] and [7] are errors or irregularities within the meaning of s 218A(1) of the Act. I am further satisfied that the application to vary the Agreement has been made by the employer covered by the Agreement, thus satisfying the requirements of s 218A(2)(b)(i) of the Act. I am content to vary the Agreement in accordance with the application made by the Applicant.

[13] The Agreement attached to this Decision is the Agreement as varied and will operate from 5 February 2025.

Schedule B Classification Bands and Rates of Pay

[1] [2025] FWCA 334.

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