News
18th November, 2019
Ambulance Victoria – Enterprise Bargaining Negotiations – UPDATE
This bulletin has been prepared to summarise the matters that were discussed at recent Ambulance Victoria (AV) member meetings regarding enterprise agreement negotiations with AV.
History of negotiations for the Ambulance Victoria Enterprise Agreement 2019
As members are aware, formal negotiations for a new enterprise bargaining agreement with AV began in late April 2019, with both Olga and I leading the bargaining team while we were employees of United Voice and since the formation of the Victorian Ambulance Union Incorporated (VAU).
As your bargaining representatives we have been advocating for improvements to your wages and conditions based on the log of claims served on AV in or around March 2018 – a log compiled from your suggestions for changes sought to the existing enterprise agreement. As negotiations have progressed, this log has been updated to include additional claims to improve conditions for members (see log of claims attached to our bulletin dated 12 October 2019).
Throughout the course of bargaining, Ambulance Victoria, Department of Health and Human Services (DHHS) and Industrial Relations Victoria (IRV) have been present at the table. Other bargaining representatives have included APA – VIC and since the formation of the VAU, United Voice (now the United Workers Union).
While previous negotiations conducted in relation to other enterprise agreements have been drawn out, volatile and disrespectful, this time around, despite a lot of disagreement, fierce debate and argument, the negotiations have been conducted in a respectful and positive manner. Although we were disappointed with the delay in starting negotiations (which has led to members not having a wage rise since April 2018) there was no deliberate stalling on part of AV.
Update on negotiations
While most of the claims we have put forward on your behalf have been rejected by AV, there are some which have support. AV are also still pursuing some key changes to the Agreement.
The aim of this bulletin is to provide members with an overview about:
- AV’s key claims which are still being pursued by them;
- VAU and AV claims which deal with the same subject matter that are still being discussed with the view to reaching agreement;
- VAU’s claims which are supported by AV;
- VAU’s claims that are not agreed but which are still being pursued or discussed with AV on your behalf;
- and to provide you a sense of what the total package is likely to include if it was to be put to you to vote on today.
*Note: Every matter referred to in this bulletin is communicated to the members on a without prejudice basis and subject to final approval and agreement. *
Overview of claims and current status
| Party | Claim | Proposal | Position & Explanation |
|---|---|---|---|
| AV Claims | |||
| AV | Transition to Retirement | AV are seeking to trial a transition to retirement arrangement where paramedics who are transitioning to retirement can operate a low acuity ambulance and also work with graduate paramedics. | VAU – In principle support. The VAU have given in principle support to this claim. We have advocated for such initiatives for many years and would like to see this across the state rather than a trial |
| AV | Removal of additional personal leave entitlement | AV are seeking to remove entitlement to 40 hours of extra personal leave when employees provide evidence in the form of medical certificates and statutory declarations for all personal leave (specifically, clause 49.3(d) of the enterprise agreement). | VAU – Not supported. The VAU have suggested as a counter-proposal that AV could alter the current clause to require employees to provide evidence within a reasonable timeframe (e.g. 3 months). This counter proposal is still being considered by AV. |
| AV | Meal break window extension | AV are seeking to lengthen the current meal break window of opportunity (WOO) from 90 minutes to 120 minutes with a stated aim of utilising ‘discretionary warnings’ rather than the ‘hard warnings’ provided for in the enterprise agreement. | VAU – Claim subject to ongoing discussion. – While the VAU fully supports the use of discretionary warnings to ensure crews complete a meal break within the WOO, we do not agree to lengthening the window. – In recent bargaining meetings we have suggested applying warnings at the end of all shifts to improve end of shift management. – Feedback from members at meetings have suggested that lengthening the meal break window would only be acceptable if appropriate end of shift warnings can be applied to all shifts. – While this claim is still being worked through, any agreement would require a meaningful improvement to its operation that will protect against having to work incidental overtime. It would also require appropriate staffing of the control room to manage meal breaks and end of shift strategies which is currently seriously lacking. The VAU are continuing to agitate for further controls in relation to this claim. |
| AV | Penalty payment to reduce unplanned absences | AV are proposing to reduce unplanned absences on Friday, Saturday and Sunday nights by introducing a new penalty payment for completing your rostered shift on those nights. This model is currently used in Victoria Police and would include a payment being given to employees who complete these shifts as rostered (it would not apply to overtime shifts). | VAU – Claim subject to ongoing discussion. – The VAU have suggested that improved access to ADO, SDO and timebank hours is the answer to this problem AV are trying to address by this claim. Overwhelming member feedback suggested that while the penalty payment would be welcomed and would provide further financial increases to members, there are better ways to avoid unplanned absences on weekends, including making improvements to ADO, SDO and timebank hour access. – The VAU communicated this feedback to AV and are continuing to agitate for reforms to the way these entitlements are given to employees. |
| Party | Claim | Proposal | Position & Explanation |
| AV/ VAU | Wages & Term of Agreement | – The Victorian Government have a wages policy capped at 2% increase per year (AV are confined by this policy) and AV are seeking a 4-year agreement. – Our claim is for a 6% increase per year and we are seeking a 3-year agreement. | Claim subject to ongoing discussion. – The proposed increases would apply to base rates and allowances that increase in line with wage increases. Neither party has backed away from its claims. – The VAU have stated that members deserve more than 2% per year given continued increases in clinical skill, responsibility and accountability in all sections of the workforce. However, it is expected that the proposals listed below will deliver higher overall increases to members which will be above 2% per year. |
| AV/ VAU | Hard to fill locations | Claims addressing incentives to improve conditions for employees working in hard to fill locations and issue of leap-frogging. | VAU – In principle support. – The new agreement will likely have significant improvement to the way employees are sent to work in hard to fill locations. Incentive options will be offered by AV to work and remain in hard to fill locations. – Employees who work for a determined period in such locations will then be able to transfer to their preferred location (ASA and LGA). This will allow interested employees to apply to work in rural locations rather than sending AP12s to these locations where they have no support or connection to the area which is a constant cause distress to members as well as grievances and ‘leapfrogging’ on transfer lists. |
| AV/ VAU | New Classification Structure | – In response to the VAU claim to add additional increments to the classification structure (see VAU claim number 2), AV have proposed an alternative classification structure which will result in the following: o classifications that currently hold a Year 1, Year 3 and Year 6 increment will have the addition of a Year 9 increment; o classifications that currently hold a Year 1 and Year 3 increment will have the addition of a year 6 increment; and o with the addition of a Year 9 classification there would need to be shifts in relativity for specialist classifications (this is currently being discussed). – AV have advised that this structure will also require an obligation for employees to upskill in some form in order to become eligible for the incremental wage increases which may include completing current AV training courses (E.g. manual handling, 4WD, USAR, wilderness, USAR, CBR) or to agree to take on a mentoring role with Graduates and AP12 classifications. | Claim subject to ongoing discussion. While the VAU are considering this proposal and further details are required, we think there is merit in considering this as a counter-proposal to our claim 2 and will be another avenue through which we will be able to achieve improvements the wages of our members. |
| AV/ VAU | Rolled in Rate | – The parties are discussing locking the rolled in rate as a fixed figure rather than recalculating it every six months. – Recent adjustments to the rolled in rate have resulted in a decrease. The introduction of more hours that do not attract penalties as a proportion of overall hours that are included in roster lines has led to the rolled in rate percentage decreasing, including for example, the increased number of peak period units that are used to form blended rosters. It is proposed by both parties that the April 2018 rates (which are currently applied now) be locked in to prevent further decrease. | Claim subject to ongoing discussion. While the VAU supports this proposal we are seeking increases to the penalties that are included in the rolled in rate calculation so that the figure which is locked in is a higher figure than that which currently applies. With a higher figure is locked in, members will be protected against any potential decrease in the RIR. |
| Party | Claim | Proposal | Position & Explanation |
| VAU | Significant improvement to use of Rural Supernumerary Roster Lines (Spare)’ | VAU have proposed introducing protections in the enterprise agreement around use of rural spare. | AV – In principle support – AV have agreed to include a Rural Senior Reliever Paramedic (RSRP) classification permanently in the · Enterprise Agreement. This will allow members (including those on FWA’s) to apply for these positions and in doing so be create more room on lists to avoid people being forced to work at other rural branches – Parameters around the use of supernumerary roster lines (spare) will also be inserted into the agreement in such a way that ensures members will start and finish at their home branch and travel in work time with a work vehicle or taxi. – We are advocating strongly for a tiered structure that requires AV to exhaust all voluntary relieving options (including RSRP) before rostering someone as spare. In circumstances where an employee is rostered to spare, they will be able to elect to act as an RSRP for that month. |
| VAU | Reserve & Relieving arrangements for FWA Employees | Members who regularly work a component of their roster on reserve or as a reliever will have a new fixed salary that will include reserve and relieving payments. For example, an employee who works a regular roster that includes a reserve shift will receive the commensurate temporary reserve payment for all purposes including on leave rather than as an ad-hoc payment. | AV – In principle support. AV have agreed to this claim. |
| VAU | Accident pay waiting period removal | There is currently a 5-day waiting period before employees can access accident pay entitlements under the enterprise agreement. | AV – In principle support. AV have agreed to remove the existing five-day waiting period that applies before accident makeup pay is paid to employees. Injured employees will receive accident make pay straight away and not have to wait five days. |
| VAU | Parental leave increases | We have claims to increase the period of paid parental leave under the enterprise agreement. | AV – In principle support. Although AV have agreed to increase the amount of paid parental leave, they have not agreed to the total amount we have claimed in our log. The exact amount of the increase is still to be confirmed by AV. |
| VAU | Lactation breaks | We have proposed the introduction of lactation breaks into the enterprise agreement. | AV – In principle support. Breastfeeding mothers will have the right to take lactation breaks at an appropriate location in privacy and with proper facilities. Lactation breaks will be separate to meal breaks. |
| VAU | Casual Conversion Clause | We have proposed the introduction of a casual conversion clause into the enterprise agreement to enable long term casuals to convert to permanent employment. | AV – In principle support. Employees who have worked on a casual basis for a determined timeframe will now have the right to elect to convert to permanent employment with AV after completing a period of employment with AV. |
| VAU | Two spoilt meal allowances | At the present time, if you are working a shift with two meal breaks and both are interrupted, only one spoilt meal allowance can be claimed. | AV – In principle support. AV have agreed to allow you to be able to claim two spoilt meal allowances. |
| VAU | Increase to lost/damaged property allowance | Under the current enterprise agreement, members can claim $320.00 from AV for personal property damaged or lost while working. We had a claim in the log to increase this amount. | AV – In principle support. AV have agreed to increase this claim amount to $600.00 per item. |
| VAU | Four for Five Arrangement | – We have a claim proposing to introduce a 4 for 5 arrangement in the enterprise agreement. – Under this arrangement, employees will be able to request to be paid at 80% of their ordinary pay for a period of four years. In the fifth year the employee will be able to take a full year of leave, paid at 80% of their ordinary pay. – This has no effect on your salary for purposes of superannuation. | AV – In principle support. While the details and proposed implementation of this arrangement are to be determined, AV have agreed to this claim (FYI – maintaining your authority to practice will likely be managed in a similar way as those employees who are off work for a period of parental leave). |
| Party | Claim | Proposal | Position & Explanation |
Other VAU claims still being pursued
There are other claims within the log that the VAU are still pursuing which include but are not limited to:
- improvements to defence force leave entitlements in the agreement;
- clarification of roster cycle and improvements to changes to roster provisions;
- improvements to the disciplinary action clause, including introducing protections for employees in relation to investigations regarding misconduct;
- improvements to the dispute resolution clause, including expanding the scope of grievances that can be brought against AV;
- introducing a Drug & Alcohol clause;
- introducing an OHS and Policies clause;
- new relieving classification for MICA Flight Paramedics;
- improved reserve arrangements for Air Ambulance members;
- significant changes to higher duties arrangements that will make acting in more senior positions more equitable;
- improved progression through wage bands for Admin and clerical employees;
- statewide consistency on travel to OT shifts and drug/vehicle checks;
- improved access to timebank and SDO hours;
- improvements for ACO members including ‘on-call’ rates and ability to upskill; and
- meal breaks for on-call paramedics and during recall periods
Response from members during VAU AV member meetings
The VAU have travelled around the state and collected a large amount of feedback about the above claims which are still being discussed in order to get a sense about what members will be happy to see included in your new agreement.
At the end of the day, this is your agreement – YOU need to be happy with the package that is negotiated, and the final agreement will need to be approved by a majority vote of the employees covered by the Agreement.
As the VAU we are acting as your representatives to deliver an outcome which is in the best interests of all persons covered by the Agreement and based on your feedback.
Although there is still a lot of work to be done, we are interested in your feedback about whether you believe the overall package is heading in the right direction, or whether this package is unacceptable, in which case we will need to begin an industrial campaign. If an industrial campaign is required, we would begin collating ideas for industrial actions to take to force Government to move away from its self-imposed 2% wages policy.
If you have any feedback please write to us via [email protected] as soon as possible.
Next Steps
The VAU will continue to advocate based on the feedback we received during member meetings and for claims which we understand are important to our members at this time.
If feedback from members suggests that we are heading towards a deal that you would accept then we will keep working as hard to get every extra improvement in the agreement and will aim to complete negotiations in order to finalise the process as soon as possible.
If members do not believe that what is being discussed is likely to result in agreement, we will begin work to start taking protected industrial action. In order to be able to take industrial action, you will need to nominate the VAU as your bargaining representative. The process for how to go about this is included in our bulletin dated 16 August 2019 (AV2019_022). Remember, you must email this notice of appointment to AV for it to be valid at law.
Once again this is your decision and we will negotiate as the membership direct us to. Again, if you have any feedback please write to us via [email protected] as soon as possible.
In Solidarity,