VIRGIN AUSTRALIA REGIONAL AIRLINES PILOTS' ENTERPRISE AGREEMENT 2024

Application for variation of the Virgin Australia Regional Airlines Pilots' Enterprise Agreement 2024.

[1] Virgin Australia Regional Airlines Pty Ltd (the Applicant) has made an application pursuant to section 218A of the Fair Work Act 2009 (Cth) (the Act) to vary the Virgin Australia Regional Airlines Pilots' Enterprise Agreement 2024 (the Agreement)[1] to correct or amend an error, defect or irregularity in the Agreement.

[2] On 3 October 2025 the Applicant lodged an application pursuant to section 185 of the Act, for approval of the Agreement.

[3] Thereafter, having become aware of errors, defects, or irregularities after the commencement of the access period, the Applicant filed the current application for variation on 8 October 2025.

[4] The Agreement was approved (in the application made under section 185 of the Act) on 29 October 2025.[2]

[5] The Australian Federation of Air Pilots and the Transport Workers' Union of Australia (the Unions) are covered by the Agreement pursuant to section 201(2) of the Act.

[6] The Unions have advised the Commission that they support the application for variation under section 218A of the Act.

[7] Section 218A of the Act provides as follows:

"218A Variation of enterprise agreements to correct or amend errors, defects or irregularities

(1) The FWC may vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form).

(2) The FWC may vary an enterprise agreement under subsection (1):

(i) one or more of the employers covered by the agreement;

(iii) an employee organisation covered by the agreement.

(3) If the FWC varies an enterprise agreement under subsection (1), the variation operates from the day specified in the decision to vary the agreement."

[8] The Applicant submits that the Agreement contains errors, defects or irregularities, the details of which are set out and considered below:

• Clause 37.4 of the Agreement states:

"If a Pilot has concerns with the training regime or the Pilot's progress then these concerns must be raised with the Manager Flight Standards and Training as soon as possible and prior to the completion of the training."

The reference 'Manager Flight Standards and Training' should be removed and replaced with 'Fleet Training Manager'.

"66.1. Other than by consent of the Pilot, changes may be made by VARA to the roster after it has been issued only in accordance with this clause or as specified in clauses 6767 - Changes Other Than On The Local Day Of Operations, 6868 -- Changes on the Local Day of Operations and 6969 - Allocated Duty from Reserve."

The number '6767' should be removed and replaced with '67', '6868' should be removed and replaced with '68' and '6969' should be removed and replaced with '69'.

"Changes shall be implemented according to CAO48.l. As per clause 6767"

The number '6767' should be removed and replaced with '67'.

"(other than related to RDOs in which case clause 50.2and 66.4 only will apply)"

There should be a space between 'clause 50.2' and the word 'and'.

"After the bidding process outlined in clause 77.477.4 has been completed"

The number 77.477.4 should be removed and replaced with '77.4'.

"VARA is not liable for the redundancy payments in clause 92.2(b) or the additional notice payments"

Reference to clause 92.2(b) should be removed and replaced with 90.2(b).

• Table 10 of Appendix 2 of the Agreement references clause 67.267.2 under 'Outside Buffer Rate'. The number 67.267.2 should be removed and replaced with '67.2'.

• Table 11 of Appendix 2 of the Agreement references clause 50.350.3 next to 'Own accommodation allowance'. The number 50.350.3 should be removed and replaced with '50.3'.

[9] Having regard to the materials before me and the Unions' support, I am satisfied that the typographical and referencing errors in the Agreement, detailed above, are errors within the meaning of section 218A(1) of the Act.

[10] I am further satisfied that the application to vary the Agreement has been made by the employer covered by the Agreement, satisfying the requirements of section 218A(2)(b)(i) of the Act.

[11] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[12] The Applicant had provided a written undertaking prior to the original approval of the Agreement, which was accepted by the Commission. I confirm that undertaking remains a part of the Agreement and is attached to it.

[13] The variation will operate from the operative date of the Agreement, being 5 November 2025. An Order giving effect to this decision will be separately issued.[3]

[2] [PR793145].

[3] [PR793166].

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