News
2nd July, 2021
NPT Paid Meal Break – FWC Decision
As many National Patient Transport (NPT) members are aware, members of the Victorian Ambulance Union Incorporated (VAU) have been in dispute with NPT regarding employees being required to work more than 38 hours a week averaged over a roster cycle (that being 40 hours a week) since 1 July 2019, without receiving overtime.
NPT have argued that employees are not working over 38 hours a week when averaged over a roster cycle (reduced from a 5-week cycle to 4-week cycle) because employees are not engaged in work whilst taking their 30-minute paid meal break. Because the meal break is not counted as time worked, NPT claim that employees are still only working 38 hours per week. Members and the VAU disagreed with this characterisation of the meal break – it is and has always been counted as time worked because it is a paid break and employees are not free from duty when taking meal breaks.
Hearing
The dispute was heard by the Fair Work Commission (FWC) on 19 November 2020, 11 February 2021, 12 February 2021, and 12 May 2021. The VAU engaged Counsel to run this case, given the importance of the issue in the industry.
Decision
On 29 June 2021, Commissioner Cirkovic of FWC handed down her decision. Unfortunately, the Commissioner has found that paid meal breaks are not counted as time worked. Given this, employees are not entitled to the two extra hours they are rostered to work a week at overtime rates. The decision can be found at the following link:
https://www.fwc.gov.au/documents/decisionssigned/html/2021fwc3488.htm
Next Steps
The VAU is extremely disappointed about the decision as well as potential industry ramifications. We are now in the process of considering whether we can appeal the decision with the Full Bench of the FWC.
In solidarity,