Royal Flying Doctor Service of Australia Central Operations T/A Royal Flying Doctor Service South Australia & Northern Territory

[2024] FWCA 4107

[2024] FWCA 4107

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.218A - application to vary an agreement to correct or amend errors, defects or irregularities

Royal Flying Doctor Service of Australia Central Operations T/A Royal Flying Doctor Service South Australia & Northern Territory

(AG2024/4418)

ROYAL FLYING DOCTOR SERVICE CENTRAL OPERATIONS AEROMEDICAL NURSES AND MIDWIVES (AUSTRALIAN NURSING AND MIDWIFERY FEDERATION) AGREEMENT 2022 (ADELAIDE, ALICE SPRINGS, DARWIN & PORT AUGUSTA)

(ODN AG2023/3813) [AE526485]

Airline operations
COMMISSIONER PLATT	ADELAIDE, 29 NOVEMBER 2024

Application for variation of the Royal Flying Doctor Service Central Operations Aeromedical Nurses and Midwives (Australian Nursing and Midwifery Federation) Agreement 2022 (Adelaide, Alice Springs, Darwin & Port Augusta)

1. The Royal Flying Doctor Service of Australia Central Operations T/A Royal Flying Doctor Service South Australia & Northern Territory (the Applicant) has made an application pursuant to s.218(2)(b) of the Fair Work Act 2009 (the Act), to vary the Royal Flying Doctor Service Central Operations Aeromedical Nurses and Midwives (Australian Nursing and Midwifery Federation) Agreement 2022 (Adelaide, Alice Springs, Darwin & Port Augusta) (the Agreement) to correct or amend an obvious error, defect or irregularity.

1. The Agreement was approved by the Commission on 23 October 2024 and commenced operation on 30 October 2024.[1] The Applicant is the Employer covered by the Agreement. The Australian Nursing and Midwifery Federation (ANMF) is also covered by the Agreement.

1. The Applicant seeks the following variations to the Agreement:

·  Clause 7.4.1 – Meal Breaks

The reference to Clause 6.8 be varied to refer to ‘Clause 6.9 (Flight Nurses – Meal Breaks)’.

·  Schedule 1: Flight Nurses and Flight Nurse Midwives

The Retention Allowance for a Step 4 – Flight Nurse Midwife Adelaide and Darwin (Full Time and Part Time on or after 1 July 2024) be varied from $5,743.10 to ‘$5,473.10’.

1. The Applicant submits the variation to Clause 7.4.1 is a cross-referencing error which is obvious in nature and that the variation of Schedule 1 is an obvious error as the allowance is intended to represent 5% of the Base Salary for a Step 4 – Flight Midwife Adelaide and Darwin. The Applicant also submits the variation to Schedule 1 is consistent with the information contained in Clause 4.6 and does not impact on genuine agreement.

1. I have sought the views of the Bargaining Representatives and the ANMF. The ANMF did not express any view in relation to the application. Accordingly, I have determined the matter based on the material filed.

1. The errors, which were not identified until after the Agreement was approved, are errors of substance and would therefore fall within the scope of s.218A(1).

1. My determination to vary the Agreement is in accordance with the requirements of s.218A(2)(b) of the Act. The variation sought will operate from 29 November 2024.

COMMISSIONER

[1] [2024] FWCA 3693.

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<AE526485  PR781631>