Application for variation of the Psychologists Dietitians Audiologists and Pharmacists (Victorian Stand-Alone Community Health Services) Enterprise Agreement 2023-2026

[1] On 25 September 2023, Commissioner Wilson approved the Psychologists, Dietitians, Audiologists and Pharmacists (Victorian Stand-Alone Community Health Services) Enterprise Agreement 2023-2026 (the Agreement).[1]

[2] On 2 December 2025, an application was made by the Health Services Union (051V) (Applicant) pursuant to section 218A of the 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 a drafting error, 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);

   1. on its own initiative; or

   2. on application by any of the following:

      1. one or more of the employers covered by the agreement;

      2. an employee covered by the agreement;

      3. 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] Specifically, the Applicant seeks to prospectively vary Schedule D - Part 2.1 - Dietician Grade 1 of the Agreement, as follows:

• At section 2.1, clause (a) of the Schedule, amend the number of years from "3rd year" to "1st year".

• At section 2.1, clause (b) of the Schedule, amend the number of years from "4th year" to "2nd year".

• At section 2.1, clause (c) of the Schedule, amend the number of years from "5th year" to "3rd year".

• At section 2.12, clause (c) of the Schedule, amend the number of years from "Year 3" to "Year 1".

[7] To give effect to the proposed prospective variation of Schedule D - Part 2.1 - Dietician Grade 1, the Applicant further seeks that Schedule C - Rates of Pay and Allowances table be amended as follows:

• The Graduate Certificate FFPOA 1 February 2023 - 4%. Rate to be amended from $54.62 to $57.98;

  • The Graduate Certificate FFPOA 1 February 2024 - 2.50%. Rate to be amended from $55.99 to $59.43;

  • The Graduate Certificate FFPOA 1 February 2025 - 2.50%. Rate to be amended from $57.39 to $60.92;

  • The Graduate Certificate FFPOA 1 February 2026 - 3%. Rate to be amended from $59.11 to $62.75;

  • The Graduate Diploma FFPOA 1 February 2023 - 4%. Rate to be amended from $88.83 to $94.22;

  • The Graduate Diploma FFPOA 1 February 2024 - 2.50%. Rate to be amended from $91.05 to $96.58;

  • The Graduate Diploma FFPOA 1 February 2025 - 2.50%. Rate to be amended from $93.32 to $98.99;

  • The Graduate Diploma FFPOA 1 February 2026 - 3%. Rate to be amended from $96.12 to $101.96;

  • The M Sc FFPOA 1 February 2023 - 4%. Rate to be amended from $102.43 to $108.72;

  • The M Sc FFPOA 1 February 2024 - 2.50%. Rate to be amended from $104.99 to $111.44;

  • The M Sc FFPOA 1 February 2025 - 2.50%, Rate to be amended from $107.62 to $114.22;

  • The M Sc FFPOA 1 February 2026 - 3%. Rate to be amended from $110.84 to 117.65;

  • The Ph.d, D Sc FFPOA 1 February 2023 - 4%. Rate to be amended from $136.64 to $144.96;

  • The Ph.d, D Sc FFPOA 1 February 2024 - 2.50%. Rate to be amended from $140.05 to $148.58;

  • The Ph.d, D Sc FFPOA 1 February 2025 - 2.50%. Rate to be amended from $143.55 to $152.30;

  • The Ph.d, D Sc FFPOA 1 February 2026 - 3%. Rate to be amended from $147.86 to $156.87.

[8] The Commission sought the views of the Victorian Hospitals' Industrial Association (VHIA) and the covered employers in relation to the Health Services Union's application pursuant to s.218A of the Act. The VHIA and the covered employers consent to the application and orders sought by the Applicant.

[9] For the reasons set out above, I am satisfied that the errors listed in [6] and [7] above 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 an employee organisation covered by the Agreement, thus satisfying the requirements of s 218A(2)(b)(iii) of the Act. I am content to vary the Agreement in accordance with the application made by the Applicant.

[10] The Agreement attached to this Decision is the Agreement as varied and will operate from 26 December 2025.

[1] [2023] FWCA 3106

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