Application by R2s Medical & Emergency Response Pty Ltd
Citation: [2026] FWC 2927
At a glance
- Employees affected
- 59
- Awards cited
- MA000127
What happened
R2s Medical & Emergency Response Pty Ltd faced applications from 59 employees seeking to vary their redundancy pay. The initial hearing on July 27, 2026, resulted in the dismissal of all applications concerning employees covered by the Black Coal Mining Industry Award 2020 (BCMIA). A dispute arose regarding whether the Applicant’s employment fell under the BCMIA or the Nursing Award 2020. It was later confirmed that the Applicant’s employment was indeed governed by the BCMIA.
What was decided
The Fair Work Commission dismissed the Applicant’s s.120 application for varied redundancy pay. The decision mirrors a previous ruling (referenced in [2026] FWC 2861). The Commissioner ordered that the amounts payable under Clause 34 of the Black Coal Mining Industry Award 2020 must be paid to the Applicant.
What it means for employers
Employers should ensure accurate classification of employees under relevant awards. Misclassifying an employee can lead to unexpected redundancy pay obligations. Regularly review employment contracts and award coverage to avoid disputes.
What it means for employees
Employees covered by the Black Coal Mining Industry Award 2020 are entitled to redundancy payments as outlined in Clause 34 of the award. If unsure about your award coverage, seek clarification from Fair Work or a union representative.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →