News
16th February, 2021
Threats to revoke Flexible Working Arrangements
The Victorian Ambulance Union Incorporated (VAU) have received several reports from distressed members who claim to have received threats from Ambulance Victoria (AV) management while negotiating flexible work arrangements (FWA).
Background
The Ambulance Victoria Enterprise Agreement 2020 (AVEA), which came into effect in November 2020, outlines new arrangements that are available for members who need to work certain hours and shifts pursuant to an FWA in rural locations. These new options, which include undertaking Reserve/Rural Senior Relieving duties as part of their FWA, are outlined in clauses 38.10, 38.11 and 38.12 of the AVEA. It should be noted that these arrangements are voluntary only.
Since December 2020, several members have been offered an FWA contract template by AV which contain the following requirements:
Where you are rostered as spare for a shift, you will start and finish from your home branch as per the shift times detailed in your FWA unless:
- You accept, by mutual agreement, to start and finish at a different time and/or location with less than 28 days’ notice; or
- Rosters provide 28 days’ notice for you to start and finish at a different time and/or location; or
- In the case of unforeseen or urgent circumstance.
- Where 28 days’ notice has been provided the expectation is that you will commence your shift at the time and location allocated by rosters.
The VAU does not agree with the inclusion of the above requirements in these FWA contracts. Members who are rostered to ‘spare’ are entitled to start and finish at their home branch in accordance with the rosters negotiated and reflected in the FWA. FWAs are by their nature, an agreement to vary work arrangements to meet individual personal circumstances.
The VAU and AV have been meeting in good faith to correct the contract templates so that these align with custom and practice regarding spare arrangements. This process has taken several weeks and is expected to reach a positive resolution very soon with a new contract template to be issued to employees which correctly captures the members entitlements.
Reports of inappropriate conduct
In the meantime, members have reported that they have been told they must sign their FWA contract, which contains the above clauses, or they will be returned to their full time substantive role.
Despite these members advising management about the cause of the delay in signing the contract (namely the ongoing discussions between the VAU and AV), they were still threatened with return to full time hours and some had had their roster changed to full time hours at the completion of that roster cycle. The VAU have successfully intervened in these cases and the affected members will remain on their current FWAs until the new template is provided to them by AV.
The VAU have raised this example of unnecessary distress that members endure while negotiating FWAs with the Victorian Equal Opportunity and Human Rights Commission (VEOHRC). At their request, the VAU is providing examples this threatening behaviour directly to VEOHRC.
We also note that such threats by management could amount to unlawful conduct being action taken against members because they exercised their workplace right to make an enquiry in relation to the terms and conditions of the proposed FWA agreements, in breach of the Fair Work Act 2009 (Cth). On any view such conduct is unacceptable.
Next steps
Members are encouraged to come forward and seek advice about their particular circumstances in the event that this has occurred in the context of negotiating their own FWA’s. Please email examples to the VAU at [email protected] with the subject “Negotiating FWA’s”.