Royal Flying Doctor Service of Australia (Victorian Section) T/A Royal Flying Doctor Service Victoria

[2025] FWCA 3354

[2025] FWCA 3354

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Royal Flying Doctor Service of Australia (Victorian Section) T/A Royal Flying Doctor Service Victoria

(AG2025/3329)

ROYAL FLYING DOCTOR SERVICE VICTORIA NURSES AND PATIENT TRANSPORT EMPLOYEES ENTERPRISE AGREEMENT 2025

Ambulance and patient transport
COMMISSIONER REDFORD	MELBOURNE, 10 OCTOBER 2025

Application for approval of the Royal Flying Doctor Service Victoria Nurses and Patient Transport Employees Enterprise Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the Royal Flying Doctor Service Victoria Nurses and Patient Transport Employees Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Royal Flying Doctor Service of Australia (Victorian Section) T/A Royal Flying Doctor Service Victoria (RFDS). The Agreement is a single enterprise agreement.

Consideration

1. Several matters with raised with RFDS in relation to the application and further submissions were provided. Opportunity was provided to the bargaining representatives to respond to those submissions, and there was no objection. On the basis of these submissions, 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 Australian Nursing and Midwifery Federation (Vic Branch) (ANMF) and the Victorian Ambulance Union Incorporated (VAU), both being bargaining representatives for the Agreement, have 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 and the VAU.

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

Variation of the Agreement

1. An application was made by RFDS that, if the agreement was approved, it be varied pursuant to s 218A of the Act, to correct two obvious errors, defects or irregularities (the variation application). 

1. Section 218A of the Act is akin to the slip rule found in s 602 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. The evident purpose of s.218A is to remove complexity associated with varying enterprise agreements containing obvious errors, defects or irregularities by simplifying the process by which corrections may be made.

1. RFDS submits that the variation application seeks to address errors obviously arising from the formatting of the Agreement. The views of the bargaining representatives were sought; however, no response was received. I am satisfied that these are obvious errors. I am satisfied that the amendments should be made, and that it is appropriate to do so by varying the Agreement pursuant to s 218A of the Act.

1. The variations are as follows:

a.   Clause 1 of the Agreement shall be replaced with the following:

This Agreement shall be known as the Royal Flying Doctor Service of Australia (Victoria) Nurses and Patient Transport Employees Enterprise Agreement 2025

b.   Clause 3 of the Agreement shall be amended as follows:

Agreement: means the Royal Flying Doctor Service of Australia (Victoria) Nurses and Patient Transport Employees Enterprise Agreement 2025.

NEPT Act: means the Non-Emergency Patient Transport and First Aid Services Act 2003 (Vic) as amended from time to time.

c.   Clause 18.1(c) shall be amended to read as follows:

If the Employee’s work performance does not improve to a satisfactory standard following informal and formal processes as set out in this clause, the Employer may take disciplinary action against the Employee in accordance with clauses 18.3(c) and (d).

d.   Clause 21.5(d) shall be amended to read as follows:

Any request under clause 21.5 must be in writing and provided to the Employer.

e.   Clause 21.5(f)(i) shall be amended to read as follows:

Reasonable grounds for refusal include that: it would require a significant adjustment to the casual Employee’s hours of work for the Employee to be engaged as a full-time or part-time employee in accordance with the provisions of this Agreement – that is, the casual Employee is not truly a casual Employee as defined in clause 21.4; or

1. The variation will come into effect on the same day as the agreement commences operation. 

COMMISSIONER

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