News

It has been brought to the attention of the Victorian Ambulance Union Incorporated (VAU) that members applying for Flexible Work Arrangements (FWA’s) are being subjected to inappropriate comments or assertions from their colleagues and management within Ambulance Victoria (AV) that are not factually correct.

FWA – a protected workplace right

Applying for an FWA is a protected workplace right that is available to all employees pursuant to section 65 of the Fair Work Act 2009 (Cth) (FW Act). In recognition of this fact the proposed AV enterprise agreement will now contain a term that explicitly reflects the terms of section 65, with some supplementary provisions to expand the grounds upon which AV employees can apply for FWA’s (including because of medical conditions or transitioning to retirement), as well as to address the particulars of the AV workplace.

The VAU assists several members each week with applying for FWA’s, and there are numerous and varied reasons why members may do so during the course of their employment. Given that Tony Walker is on an FWA himself we would have expected that representatives of AV would be more supportive of members participating in this process.

If employees are treated adversely, discriminated, or otherwise prejudiced in their employment by an employer because they have made an FWA application, or are working pursuant to an FWA, that employee will be entitled to make a general protections application seeking remedies under the FW Act, including for example, the payment of compensation for any loss suffered as a consequence of such treatment.

The right to make an FWA application or even work pursuant to an FWA is therefore treated very seriously by the law.

Myth-busting

FWA’s and the rolled-in-rate

The RIR is based on the calculation of roster lines across the state and all the subsequent shift penalties that these roster lines attract. The existence of FWA’s do NOT lead to a change in the RIR. All members working FWAs participate by working and contributing to these roster lines. In fact, many members on FWA’s work a greater proportion of their overall hours during unsociable shifts (Friday, Saturday and Sunday nights) than a fulltime employee.

For members’ own knowledge, the new ‘blended rosters’ that have been introduced across the state over the last several years were the cause of the drop of the RIR of pay – not the number of FWA’s that people were negotiating or working. To overcome this problem, the VAU successfully negotiated with AV to lock in the RIR so that it would not continue to drop as blended rosters are introduced during the life of the new enterprise agreement.

FTE positions and FWA’s

AV are funded by government to fill a certain number of Full Time Employee (FTE) positions within the organisation. The money given to AV for these employees (even if they work reduced hours) is based on the RIR of pay. It is incorrect to suggest that employees working FWA’s do not contribute to the RIR budget/funds in the same way as any other fulltime employee contributes to the budget/funds of AV’s FTE count. It is a fact that members who work reduced hours on an FWA are funded by government as an FTE (calculated on the RIR). This then allows AV to use the remaining funds not used by that employee (for example, because they work a reduced number of shifts) to backfill shifts and roster lines that need to be filled at the RIR of pay.

Support

We hope that this bulletin has helped to dispel any misinformation and otherwise correct the record about the rights of those people who apply for FWA’s. We encourage members to familiarise themselves with the FWA Policy and Procedures that AV have on their portal to help address any further questions you may have about the way FWA’s work and how you can apply for the same.

Separately, we know everyone is under the pump now dealing with a very difficult situation, being COVID-19 and all its complexities. It is important that members continue to support one another. If you are not sure, ask. Never assume that you know what another person is dealing with or going through.

If anyone has any further questions about the matters raised in this bulletin, please do not hesitate to contact the VAU at [email protected].

In Unity, keep safe and stay healthy,