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The new clause introduces the right to reasonably refuse the request to be allocated to a branch other than your home branch. However, before they can make the request, AV must demonstrate that it has complied with the provisions of clause 44.3a.

For rural members, under the previous agreement, AV utilised clause 37.1 to allocate people to non-home branch locations:

RESOURCE ALLOCATION

37.1 Resources will be allocated to meet service demand. Employees will be required to perform all work they are competent to perform and accept the requirement for flexibility in relation to work arrangements and mobility between work locations to meet the Employer’s operational and service delivery requirements.

and clause 43.6 to require members to work full shifts at those locations:

43.6 Employees are required to commence their shift at the starting time for their shift and at the location at which they are rostered to work and are responsible for arranging transport to their rostered branch location.

These were incredibly powerful clauses that gave AV the ability to allocate members where they like without challenge. While there were some local arrangements, there was previously no EBA entitlement to any payment when this occurred. There was little to no consultation with branches about their preferences and limited avenues of challenging an application.

The new Agreement introduces a process that must be followed before AV can utilise the above clauses (now clause 43):

RESOURCE ALLOCATION

43.1 AV must follow the requirements of clause 44 before utilising the provisions in clause 43.2.

43.2 Resources will be allocated to meet service demand. Employees will be required to perform all work they are competent to perform and accept the requirement for flexibility in relation to work arrangements and mobility between work locations to meet AV’s operational and service delivery requirements.

In short, AV cannot ignore the provisions of clause 44 when allocating resources. This includes the new Rural Cycle Allocation process that:

• Ensures members are properly consulted and voluntary options are exhausted.
• Gives members the right to reasonably refuse to be allocated to a location other than their home branch.
• Provides strengthened grievance procedures for individuals and groups.
• Introduces payments for members who are allocated to another branch.

For rural members, the new Agreement introduces Rural Cycle Allocation Paramedic (RCAP).

44.3 Operational requirements (rural only) – rural Roster Cycle Allocation Paramedic duties

• (a) In rural regions, AV may require an employee to be temporarily allocated to a location other than their home branch for a roster cycle to undertake Roster Cycle Allocation Paramedic duties. Prior to requiring an employee to be temporarily allocated to another location, AV will exhaust all voluntary options by:
  • (i) Appropriately allocating suitable Relieving Paramedics and Rural Senior Relieving Paramedics; and
  • (ii) Engaging with employees regarding their general preference to be temporarily allocated to another location and seeking suitable employee volunteers, inclusive of employees on FWAs; and
  • (iii) Equitably sharing opportunities amongst suitable employee volunteers.

• (b) Where AV has demonstrated it has complied with the above clause and no suitable employees are available to fill vacancies at a location or suitable volunteers from other locations, AV may require an employee to be temporarily allocated to a location other than their home branch for a roster cycle. Requests will be made equitably to suitable employees, including where there is a requirement to fill consecutive roster cycles. An employee may reasonably refuse a request, having regard to:
  • (i) the employee’s personal circumstances including any family responsibilities; and/or
  • (ii) excessive travel for the employee to attend the allocated location; and/or
  • (iii) the employee not being provided at least 28 days’ notice.

• (c) Employees who are temporarily allocated in accordance with clause 44.3, rural Roster Cycle Allocation Paramedic duties, to another location will undertake the full shift at the allocated location, and commence at the Allocated Shift location at the Allocated Shift start time.

• (d) Unless otherwise agreed, an employee that is rostered to their Home Branch, including where the employee reasonably refuses a requirement to work Rural Roster Cycle Allocation will, as per clause 49.6, commence and complete their shift at the start and finish time for their shift at the location they are rostered.
  • (i) Where an employee is then required to move to a secondary location, AV may request that the employee complete their shift at the secondary location, however the employee may elect to finish their shift at their Home Branch where:
    • (A) the secondary location is a greater distance from the employee’s residence than the employee’s Home Branch; or
    • (B) the employee’s personal circumstances, including caring responsibilities reasonably require the employee to finish their shift at their Home Branch; or (C) otherwise agreed by AV.
  • (ii) Where an employee completes their shift at the secondary location, the employee will be able to claim time and travel to residence, in accordance with clause 36.18.
  • (iii) Where the employee will complete their shift at their Home Branch, AV will take reasonable measures that allows the employee to complete their rostered shift at their at Rostered Shift end time.
  • (iv) When returning to Home Branch, in accordance with this clause, the employee will travel safely, without unnecessary delay and by the most suitable direct route.

44.4 Grievances – Roster Cycle Allocation Paramedic (rural only)

• (a) If an employee is aggrieved about the allocation of work and/or work placements as Rural Cycle Allocation, they may lodge a grievance in accordance with the provisions of clause 14 of the Agreement.

• (b) If an employee or group of employees are aggrieved about AV’s use of clause 38.5, they may lodge a grievance under clause 14 of the Agreement.

Members rostered to RCAP will be paid $65 per shift and can claim the travel provisions in clause 44.10. There is no requirement to be contactable outside of working hours.

Important point:

The new clause introduces the right to reasonably refuse the request to be allocated to a branch other than your home branch. However, before they can make the request, AV must demonstrate that it has complied with the provisions of clause 44.3a.

The VAU encourages members to express their preferences to your Team Manager/Senior Team Manager in writing. Members who want to work flexible shifts express their interest to do so in writing. This includes members on FWAs working in regions that have determined that members on FWAs will not work flexible shifts.

Therefore, in areas where AV rejects offers from suitable volunteers to work flexible shifts, including members on FWAs, or offers from members to work at other locations, AV are unable to make the request to be allocated to other branches. This is why it is important that members put their interest in writing. It will be important evidence in the event of branch grievances.