Fair Work Commission Case Review: Application to Correct Wage Rate Errors in the Ramsay Health Care Queensland Support Services Enterprise Agreement 2023–2026

This decision concerns an application made by Ramsay Health Care Australia Pty Ltd under section 218A of the Fair Work Act 2009 to vary the Ramsay Health Care Queensland Support Services Enterprise Agreement 2023–2026 in order to correct obvious errors in the published wage rates.

The matter was determined by Commissioner Connolly and was finalised on 9 December 2025.

Background to the Application

The Agreement had been approved by the Fair Work Commission in February 2024. During its operation, errors were identified in Schedule A relating to Ordinary Time Rates of Pay for specific classifications.

These errors affected Level 4 (Pay Point 2 in 2024 and 2025) and Level 5 (Pay Point 1 in 2025). The variations sought related solely to correcting those inaccuracies and replacing them with the correct figures already used operationally by the employer.

Legislative Basis

Section 218A of the Fair Work Act enables the Commission to vary an enterprise agreement where an obvious error, defect, or irregularity exists.

The provision is discretionary, requiring the Commission to be satisfied not only that an error exists, but that the correction is appropriate.

Fair Work Commission Case Review: Application to Correct Wage Rate Errors in the Ramsay Health Care Queensland Support Services Enterprise Agreement 2023–2026

Commission’s Findings

After reviewing the material, the Commission was satisfied that:

• The incorrect wage rates as published were obvious errors.

• The corrected wage rates provided by Ramsay Health Care reflected the intended and agreed amounts.

• It was appropriate to exercise the discretion under section 218A to amend the Agreement.

As a result, the Commission ordered that the inaccurate wage rates be deleted and replaced with the correct figures, as detailed in Annexure A of the decision. The corrected rates apply from the first full pay period commencing on or after 1 July 2024.

Significance of the Decision

The case reinforces the narrow but important function of section 218A, which acts as a safeguard ensuring the accuracy of approved agreements. It confirms that the Commission will intervene where errors are clear, undisputed, and capable of rectification without altering the substance of the Agreement as voted on by employees.

It also highlights the responsibility on employers and bargaining representatives to ensure wage tables are correct before approval, given the operational and financial implications of publishing inaccurate rates.

Key Corrections Ordered

As set out in Annexure A of the decision, the following amendments were made:

• Level 4, Pay Point 2 (1 July 2024): corrected to $36.30.

• Level 4, Pay Point 2 (1 July 2025): corrected to $37.79.

• Level 5, Pay Point 1 (1 July 2025): corrected to $38.87.

These replace the higher, incorrect rates initially included in the Agreement.

Conclusion

This decision demonstrates the Commission’s pragmatic approach to ensuring enterprise agreements operate as intended, without allowing technical errors to disadvantage either workers or employers.

For employees covered by the Ramsay Health Care Queensland Support Services Agreement, the corrections ensure the wage schedule accurately reflects the negotiated outcomes, strengthening both transparency and compliance.

For the Full Decision, visit the Fair Work Commission Website HERE