National Patient Transport Pty Ltd

[2025] FWCA 2948

[2025] FWCA 2948

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

National Patient Transport Pty Ltd

(AG2025/2834)

NATIONAL PATIENT TRANSPORT PTY LTD VICTORIAN NURSE EMPLOYEES ENTERPRISE AGREEMENT 2025 – 2027

Health and welfare services
COMMISSIONER REDFORD	MELBOURNE, 3 SEPTEMBER 2025

Application for approval of the National Patient Transport Pty Ltd Victorian Nurse Employees Enterprise Agreement 2025 – 2027

1. An application has been made for approval of an enterprise agreement known as the National Patient Transport Pty Ltd Victorian Nurse Employees Enterprise Agreement 2025 – 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Patient Transport Pty Ltd (NPT). The Agreement is a single enterprise agreement.

Interaction with the National Employment Standards

1. Clause 6(b) – (c) of the Agreement provides if the provisions in the National Employment Standards (NES) are more favourable to an employee in a particular respect than those provisions, then the NES will prevail in that respect and the provisions dealing with that matter in the Agreement will have no effect in respect of that employee

a.Clause 28(b)(ii) - Personal/carer’s leave (accrual)  

b.Clause 28(b)(b) - Personal leave (notice and evidence)

c.Clause 28(b)(c) - Carer’s leave (notice and evidence)

d.Clause 35(c)- Public holidays (substitution)

e.Clause 12(b)(ii) - Withholding monies/NES entitlements at termination

Consideration

1. Several issues were raised with NPT in respect to the manner in which employees who will be covered by the Agreement were provided with access to relevant materials and asked to vote on the Agreement. NPT provided a comprehensive response in relation to these issues, and the Australian Nursing and Midwifery Federation (ANMF), who are a bargaining representative for the Agreement, confirmed that it does not contest that the Agreement was genuinely agreed to (and had earlier expressed its support for the approval of the Agreement).

1. Item 19 of the Statement of Principles on Genuine Agreement  provides that if one or more employee organisations acting as a bargaining representative for a significant proportion of the employees covered by the enterprise agreement supports the approval of the agreement, and does not have concerns that the agreement was not genuinely agreed to by the employees covered by the agreement, then this should be given significant weight by the Commission in considering whether the agreement has been genuinely agreed.

1. With this in mind, and on the basis of the response provided by NPT and the other materials filed in support of the application I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. The ANMF being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the ANMF.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

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