In a significant victory for VAU members, Ambulance Victoria has finally agreed to resolve the VAU’s long-running dispute over the payment of overtime entitlements for casuals. As part of the settlement, AV has now committed to auditing payments to casual employees from May 2017 onwards, and backpaying any employee who has been underpaid overtime entitlements.

The VAU first brought this matter to AV’s attention in 2020, after casual members instructed us that they were not being paid overtime rates when they worked in excess of their rostered shift. Although AV accepted that they had not been paying overtime rates in accordance with the Agreement, they disputed how casual overtime rates ought to be calculated. AV’s view was that overtime rates should be paid in lieu of a casual loading. The VAU’s position was that overtime penalty rates should be applied to the relevant casual rate of pay.

In May 2023, the VAU commenced proceedings in the Federal Court of Australia on behalf of 14 individual members. This case went to mediation in late November. At the mediation, AV finally agreed that the VAU’s interpretation was correct and that overtime would be paid in line with that interpretation. They agreed to fix any underpayment to those 14 members, as well as auditing the pay of any affected casual employee, and backpaying them overtime entitlements from May 2017 onwards. This process will occur over the next six months.

This case represents a significant victory for the VAU and its members. AV has been on notice that it has been failing to pay the correct entitlement for several years and has failed to rectify it until the VAU took action in the Federal Court.

The VAU will monitor AV to ensure that it meets its commitment to backpay affected members. If you are or were a casual employee during this period, and you believe you were underpaid overtime entitlements, please notify the VAU at [email protected] so we can follow up with AV on your behalf.

In Solidarity.