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Members will recall that one of key claims that the Victorian Ambulance Union Incorporated (VAU) fought for during the most recent round of Ambulance Victoria (AV) enterprise bargaining was for a complete update of the Disciplinary Clause contained within the agreement. The previous disciplinary clause provided extremely limited scope to challenge decisions and processes relating to disciplinary matters in the workplace. The new and improved clauses are contained in Part 8 of Ambulance Victoria Enterprise Agreement 2020 (AVEA) (see clauses 73 – 75) (the Procedure).

Since February 2021, the VAU have lodged four applications for members in the Fair Work Commission (Commission) using the new Procedure and to challenge AV’s application of these clauses. We have also lodged one adverse action application to the Commission under the Fair Work Act 2009 (Cth) (Act) to challenge allegations made against one member by the Professional Conduct Unit (PCU), which in our view are a breach of the Act.

Through our applications we have used the Commission process to:

• ensure that AV is conducting investigations in a timely manner and challenge the length of investigations in situations where members have been waiting an unreasonable time for outcomes;
• request that AV provide members with sufficient information during the show cause process to enable them to sufficiently respond to proposed disciplinary sanctions including termination of employment; and
• work to stop AV making allegations against members in breach of the Act.