News

As members would be aware, the VAU employs a team of five employment lawyers to handle industrial matters.

Recently communications from the VAU have been largely focused on enterprise bargaining, operational and safety matters, and repeated crises in the health system. However, it is important members know that there is an enormous volume of work continuing every day to support, represent and protect VAU members by our legal team.

In the past 12 months, aside from participating in bargaining for Ambulance Victoria and Triple Zero Victoria, the legal team have represented the members with the following:

Misconduct matters

We have represented over 90 members with individual misconduct matters including where termination of employment was threatened. This includes assisting members to draft complaints about bullying and harassment and advising on how best to respond to allegations. Members have the best probability of protecting their employment and avoiding harsh sanctions when they have access to and follow legal advice.

A significant amount of our lawyers’ work is ensuring employers follow a procedurally fair investigation and discipline process in accordance with relevant Enterprise Agreements. Where this does not occur, the VAU legal team will bring disputes to court to protect members’ rights.

Court Cases

Over the last year we have taken the following matters to the Fair Work Commission:

• 19 disciplinary matters for breach of Enterprise Agreement
• 9 flexible work arrangement disputes
• 5 unfair dismissal cases
• 2 general protections matters
• 9 breach of Enterprise Agreement matters

Five cases have gone to a full hearing because they couldn’t resolve at conciliation. VAU lawyers appeared in all first instance hearings while employers were assisted by a team of private solicitors and barristers.

We are also involved in disputes in the:

• Victorian Civil and Administrative tribunal for a member who was sexually harassed and victimised by their employer
• Federal Circuit Court for an employee whose employer took adverse action against them
• Federal Court as an employer appealed our win in the Magistrates Court

AHPRA

We assisted 17 members respond to notifications and investigations at AHPRA.

In coming months, the VAU is planning to expand the legal team further as the workload continues to grow. Members can rest assured that they are backed by a strong legal team that has the ability to support and represent members in relation any matter relating to their employment.

In Solidarity.