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austlii:cth/FWCA/2026/503
General information, not legal advice.
FWCA
2026-02-26
Original judgment source is linked above.
s.218A - application to vary an agreement to correct or amend errors, defects or irregularities
VICTORIAN PUBLIC MENTAL HEALTH SERVICES ENTERPRISE AGREEMENT 2024-2028
Application for amendment of the Victorian Public Mental Health Services Enterprise Agreement 2024-2028
[1] On 23 February 2025 the Commission granted an application for the approval of the Victorian Public Mental Health Service Enterprise Agreement 2024-2028 (the Agreement). The Agreement will commence operation 7 days after approval, in accordance with s 54 of the Fair Work Act 2009 (the Act) and the decision to approve the Agreement.
[2] An application has been made by the Health Services Union (Victoria No.2 Branch T/A Health and Community Services Union (HACSU) who was a bargaining representative for the Agreement, to amend the Agreement.
[3] The application is obviously made pursuant to s 218A of the Act which allows the Commission to correct or amend an obvious error, defect or irregularity (whether in substance or form) in relation to a decision of the Commission.
[4] There is no opposition to the application for amendment, and it has the support of each of the bargaining representatives, including the Victorian Hospitals' Industrial Association (VHIA) who is a bargaining representative appointed by each of the employers covered by the Agreement.
[5] The Commission had been alerted to HACSU's application for amendment prior to the approval of the Agreement, but it was overlooked in the decision approving the Agreement.
[6] I am satisfied the amendments sought relate to an obvious error in the Agreement and, taking into account the amendments have the support of each of the bargaining representatives, I consider it is appropriate to vary the Agreement pursuant to s 218A of the Act in the manner set out in Annexure A.
[7] The amendments relate to the salary rates payable in respect to the "Lived and Living Experience Workforces". The rates in the table in Annexure A entitled "rates included in the proposed Agreement (page 350)" are to be replaced, by way of amendment, by the rates in the table entitled "correct rates".
[8] The amendments will come into effect on the same day as the agreement commences operation.
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