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Clause 51.2 of the Ambulance Victoria Enterprise Agreement 2024 (Agreement) gives members the power to refuse to work unreasonable overtime (see clause extracted in full at last page of bulletin).

What are my rights to refuse to work unreasonable overtime?

AV has the ability to require employees to work reasonable overtime (clause 51.2(a).
However, members may refuse to work overtime, where working overtime would result in members working hours which are unreasonable (clause 51.2(b).
The Agreement doesn’t provide a definition of “unreasonable overtime” in minutes or hours. Neither does the underpinning Ambulance and Patient Transport Award 2020 or the Fair Work Act (Act)
However, the Agreement and the Fair Work Act does outline the circumstances which both members and AV must take into account in determining whether overtime is unreasonable.

(c) In determining whether the requirement to work overtime hours is unreasonable for the purposes of clause 51.2(b), the following must be taken into account by the employee and AV:

(i) any risk to the employee’s health and safety from working the overtime including previous overtime worked;

(ii) the employee’s personal circumstances including any family responsibilities;

(iii) the needs of the workplace or enterprise including AV’s primary function to provide pre-hospital care and transport in an emergency setting;

(iv) the notice (if any) given by AV of the overtime;

(v) the notice given by the employee of his or her intention to refuse to work any required overtime;

(vi) the usual patterns of work in the industry, or the part of an industry, in which the employee works;

(vii) the nature of the employee’s role, and the employee’s level of responsibility;

(viii) whether the additional hours are in accordance with averaging terms included in this Agreement; and

(ix) any other relevant matter.

Notice referred to in paragraph (v) above should be given to the relevant manager and occur as soon as reasonably practicable and where applicable, prior to or at the commencement of your rostered shift (clause 45.1(d)).

If, on the basis of the relevant circumstances, you consider that AV’s requirement that you work overtime hours may be unreasonable, you must as soon as reasonably practicable, advise AV that the additional hours are unreasonable taking into account the relevant circumstances, and that you intend to refuse to work the overtime (clause 51.2(e). A discussion should then take place between employer and employer as early as possible. This discussion must not delay responding to a code one or priority zero case (clause 51.2(f).

In circumstances where you are required to work “reasonable overtime”, AV will consider potential options to reduce the overtime hours or mitigate the impact of the overtime on your personal circumstances, such as family responsibilities, including the dispatch of a back-up resource to the case (clause 51.2(g).

If you have met the notice requirements in clauses 51.2(c)(v), 51.2(d) and 51.2(e), and have not received a response from AV before the final 60 minutes of their rostered shift, you have the right to refuse to accept dispatch in the last 60 minutes of that shift if it is reasonably considered that the dispatch will extend past the end of your rostered shift (51.2(h).

Let’s break this down further

Under the Agreement, you have the right to refuse to work unreasonable overtime based on the relevant circumstances listed above. Your employer has agreed to these clauses. It is important that members read the clause in full like any CPG and take the time to understand it and put it to use. It’s well worth carrying the full Agreement or extract of the clauses with you on shift.

How do I work out whether overtime is unreasonable?

It is important to understand how the relevant considerations may apply to both you and AV and how they should be used to determine if overtime is unreasonable and therefore able to be refused. Here are some examples of circumstances where overtime may be unreasonable:

(i) any risk to your health and safety from working the overtime including previous overtime worked;

• You are fatigued and experiencing symptoms of fatigue.
• You worked overtime earlier this week, e.g. 2 hours overtime yesterday and 2 hours the day before.

(ii) your personal circumstances including any family responsibilities;

• You have to collect your children from day care or school.
• If you don’t finish on time you will be fatigued and will not be fit to care for your children in the morning.
• You are caring for an aging parent and need to be home as their day-time carer has left.

iv) the notice (if any) given by the Employer of the overtime;

• You have been dispatched to a case by TZV close to the end of your shift that will take you past the end of your finish time.

(v) the notice given by you of your intention to refuse to work any required overtime;

• You followed AVs process for notifying that you intend to refuse unreasonable overtime and advised AV:
  • “I will be unable to work beyond my finish time as I have to collect my children”; or
  • “I worked 2 hours overtime yesterday and the day before. I will be extremely fatigued if I am directed to work overtime tonight.”

(vii) the nature of your role, and your level of responsibility;

• You are in a specialist role such as a MICA Flight Paramedic (MFP) and no other MFP is available (this does not mean that you are exempt from this clause – only that it must be considered).

(viii) whether the additional hours are in accordance with averaging terms included in this Agreement;

• This simply relates to how hours are averaged over a roster cycle. For example, a member will work 48 hours over four shifts on a 10/14 roster, however over the full roster cycle the hours will balance out to 40 hours per week plus 2 hours of rostered overtime.

(ix) any other relevant matter.

• There is another crew here who are available to respond.

If, having regard to these factors, you believe that working overtime is unreasonable, you have the right to refuse to work overtime. Once again – your employer has agreed to all of the clauses in the Agreement including those related to refusal of unreasonable overtime.

How to refuse unreasonable overtime – a step-by-step guide

1. Follow AVs process for notifying the relevant manager or End of Shift (EOS) team before your rostered shift that you intend to refuse to work unreasonable overtime.

The Agreement doesn’t define relevant manager. In this regard, AV have advised that members contact their Team Manager (TM) or Senior Team Manager (STM) and the EOS team. It is important that you have their contact details. Ultimately it is AV’s responsibility to ensure that there is a relevant manager available to have these discussions with members.

2. As soon as you are required by AV to work overtime during your rostered shift, e.g. when dispatched to a case, that will take you past your rostered finish time, tell the DM or any other AV representative:

a. Why you consider the additional hours to be unreasonable based on the relevant circumstances; and

b. That you do not intend to work overtime.

Make sure that you do not delay responding to a code one or priority zero case when having this conversation.
When having this discussion, it is important that you are prepared to explain why working overtime is unreasonable. This means that you should be prepared to explain your family circumstances or previously worked overtime.

It is important not to feel intimidated by having this conversation. You are an AV employee covered by the Agreement and have the right to refuse to work overtime in circumstances where the working of such overtime would result in you working hours which are unreasonable.

How to have the conversation with AV

Members

Here is an example of how you could have this conversation with AV when refusing overtime (step 2 above).

Family responsibilities:

Member: I have notified that I need to finish on time tonight as I have to collect my children at 17:30. Any overtime would be unreasonable as I wont be able to collect them on time. So I am exercising my right to refuse under 51.2.

AV: The best we can do is organise another crew to rendezvous with you and take over your patient.

Member: That will still take me into unreasonable overtime as I have to collect my children.

AV: Are you refusing to go to this case?

Member: Yes please, as per clause 51.2 of the Agreement I am exercising my right to refuse.

Previous overtime worked:

Member: I have notified that I need to finish on time tonight as I worked 2 hours of overtime yesterday which was my first day shift, on my second day shift I worked 1.5 hours overtime. This is my afternoon shift and this case is likely to take me another 2 hours overtime as the hospitals are busy tonight. I am already feeling tired from my work this week and working overtime will make me fatigued which is a risk to my health and safety. I notified in advance of my shift that intend to refuse unreasonable overtime. I have only been told that AV needs me to work overtime at the end of my shift. Further, I am an ALS paramedic and there are other paramedics available that can respond to the case at my level. So, on that basis I consider that working any additional hours is unreasonable and I am refusing to work unreasonable overtime.

AV: Are you refusing to respond to this case??

Member: With respect, I am refusing to work unreasonable overtime as per clause 51.2 of the Agreement.

Points to consider:

• It’s important to have the Agreement with you and in any interactions with your employer if you are told something that doesn’t sound right, ask “can you please direct me to where that is in the EBA”.
• Like any CPG, it is important that you read and understand it all and how to apply it. This is not a simple exercise. The entire clause must be read in full and understood.
• These clauses and the End of Shift Procedure, should be printed up and placed in every ambulance and on every branch notice board.
• When exercising your rights under the Agreement it is always important to remember that all discussions are recorded and it is important to be polite and professional.
• The employer also has rights under this clause and it is important to have regard to these. AV have released an updated End of Shift Management procedure that sets out expectations for oncoming and off-going crews to reduce the impact of incidental overtime.
• A ‘refusal to work unreasonable overtime’ under this clause is different to refusing a reasonable directive from your employer as you are exercising your rights and following the correct process. However, it is important to be aware that if you refuse to work overtime in circumstances where haven’t followed the process or provided justification, this may be regarded as a refusal of a lawful directive by your employer.

Fatigue:

It is important to remember that if you suffer fatigue as a result of workplace stress, working excess overtime or high workload, you are entitled to put in a WorkCover claim. Often members do not bother putting in a WorkCover claim especially when the member has left their shift only a matter of hours before the end of the shift. Anytime you experience fatigue you should exercise your rights to lodge a WorkCover claim. This means that you will be covered with the additional protections provided by WorkCover.

Documentation:

In any of these matters it is important that you take an accurate record of your discussion with management. This is especially important if you have advised AV that you are exercising your rights under clause 51.2 of the Agreement and refusing to work unreasonable overtime and AV have refused to abide by the terms of the Agreement.

Where applicable the VAU will raise cases to AV in order to improve the process and if necessary, bring cases to the Fair Work Commission or Federal Court as is necessary to ensure that AV abide by the terms of the Agreement. Having detailed records is important.

The best way to take a record is to send yourself an email straight away detailing who you spoke with, what was said and AV’s response. The email will then be a time-stamped contemporaneous note of what happened which is strong evidence before the Commission or a Court.

New End of Shift Protections

As members would be aware, the new Agreement introduces new protections to help members finish shift on time more often.

From commencement of this Agreement, and other than in circumstances where the
employee will be entitled to a protected hour from the end of their shift under clause 55, the following end of shift management practices will take effect:

(i) for all shift lengths: during the last 60 minutes of an employee’s rostered shift, an employee will be required to respond to code two, code one and priority zero cases only;

(ii) for shift lengths less than 14 hours: upon the completion of an employee’s rostered shift time, the employee will be required to respond to priority zero cases only; and

(iii) for shift lengths of 14 hours or greater: upon an employee reaching their rostered shift end time who is not allocated to a case, the employee will be placed out of service, unless otherwise mutually agreed by the employee and AV.

From 10 November 2025, and other than in circumstances where the employee will be entitled to a protected hour from the end of their shift under clause 55, the following end of shift management practices will take effect:

(i) for all shift lengths: during the last 60 minutes of an employee’s rostered shift, an employee will be required to respond to code one and priority zero cases only;

(ii) for all shift lengths: upon an employee reaching their rostered shift end time who is not allocated to a case, the employee will be placed out of service, unless otherwise mutually agreed by the employee and AV; and

(iii) for shift lengths less than 14 hours: in a period of incidental overtime following the end of their rostered shift an employee may be required to attend a priority zero case following a clinical assessment by an Communication Centre Clinician – ALS, Communication Centre Clinician – MICA or other clinically suitable roles as agreed by the Parties.

Please note that these provisions apply to any shift regardless of whether you notify your intent to refuse unreasonable overtime. There is no requirement for you to notify or explain your circumstances when using these entitlements.

Please note: The VAU understands that AV trialled placing dispatch warnings on crews ramped at hospital in the last 30minutes of their shift. That trial was ceased in October 2024. This was an AV decision that occurred separately to enterprise bargaining negotiations. The VAU has requested AV share details about the outcome of the trial once evaluated.

Conclusion:

Like any clause in the Agreement it is important that we use them to their fullest. These clauses have been agreed to by your employer and they should be used. The reliance on

members to work incidental overtime has become unsustainable. It is important that members are educated on their rights and that collectively we use them to hold AV to account and ensure that you finish your shifts in a safe and reasonable timeframe.
Where you have had issues while attempting to use these clauses, please report these to the union at vau.org.au/contact/report-workplace-issue so that we can take this evidence to AV.