News
5th July, 2020
Quick industrial update – Paid Pandemic Leave Award Application & Other Matters
Members will recall that the Victorian Ambulance Union Incorporated (VAU) filed an application on behalf of our member and award-covered employee at St Johns, Alan Stokes to insert a paid pandemic leave entitlement into the Ambulance & Patient Transport Industry Award 2020 (Award). This application was part of proceedings looking at inserting similar entitlements in all health sector industry Awards (Matter AM2020/13).
In that application, Mr Stokes proposed to vary the Award to provide two weeks paid leave whenever an employee whose employment is covered by the Award is:
- required by government or medical authorities to self isolate;
- required by their employer to self isolate;
- required on the advice of a medical practitioner to self isolate;
- awaiting the results of a COVID-19 test;
- is prevented from working by measures taken by government or medical authorities in response to the COVID-19 pandemic; or
- tests positive to COVID-19.
Mr Stokes also sought:
- a paid day of leave on each occasion the employee is tested for COVID-19 (except where such test is performed at the employee’s usual workplace and counted as working time);
- special paid leave if an employee is diagnosed with COVID-19.
Both entitlements would also be available to casual employees and for these employees, it is proposed to be calculated on the average weekly pay received by the employee in the previous 6 months, or where the employee has been employed for less than 6 months, for the duration of their employment.
The hearing of this application took place on 25 & 26 June 2020 and the VAU appeared on behalf of Mr Stokes. The VAU presented evidence of Mr Stokes and Danny Hill in support of our application. Notably, there were no specific ambulance industry objections from any employers engaged in this industry to our application. The Full Bench of the Fair Work Commission (FWC) have reserved their decision about our claim but have advised they will try to come back with a decision as soon as possible.
Unpaid Pandemic Leave Entitlements Update
While the FWC is considering the paid leave variation application, Schedule X (which inserted into the Award an unpaid pandemic leave entitlement and the ability to take annual leave at half pay), was due to expire on 30 June 2020.
Following an application being made by another member and employee of St Johns, Joshua Gomperts to extend the operation of Schedule X until an order was made in the paid pandemic leave proceedings (Matter AM2020/47), on 30 June 2020 the FWC agreed to make this order (decision published 1 July 2020). Any unpaid pandemic leave or annual leave taken at half pay by employees must start before 31 July 2020 but can end after that date.
We will let members know about the outcome of the paid pandemic leave application once a decision is made by the FWC.
Correction to recent Industrial Update – VAU Domain Name Dispute Applications
In our recent industrial update bulletin dated 4 June 2020 it was suggested that the decision-maker who heard our dispute application regarding the purchase of domain names victorianambulanceunion.org.au, victorianambulanceunion.com.au and victorianambulanceunion.net.au by the United Workers Union ordered all three domain names by transferred to the VAU. This was incorrect. The decision-maker (.au Domain Administration Ltd, Dispute Resolution Administration Panel) (Panel) determined that one domain name, victorianambulanceunion.org.au be transferred to the VAU because a trade union can own a .org.au domain name (and they determined the VAU was eligible to hold this name). The other two domain names (.com.au and .net.au) were ordered by the Panel to be cancelled entirely on the basis that our eligibility to hold the .org.au domain name was inconsistent with a simultaneous eligibility to hold registration in the .com.au and .net.au commercial second level domains.
Ambulance Victoria proposed enterprise agreement update
In mid-June 2020 the VAU finished drafting the proposed enterprise agreement for employees of Ambulance Victoria.
Ambulance Victoria have since submitted this draft agreement to Government for their approval. Once this approval is given, the agreement will be given to employees for their consideration before a vote to approve the agreement is conducted.
More information about the process to be followed will be forthcoming over the coming weeks.
Health Select Bargaining and FWC proceedings – update
Since our last industrial update, the VAU filed an application seeking bargaining orders from the FWC to bring Health Select back to the bargaining table.
The matter has now been listed for hearing on 2 November 2020. The timing of the hearing is because of Health Select having witness unavailability in the month of October 2020. The VAU are currently in the process of preparing its evidence which is due to be filed in the FWC on 10 August 2020.
We will shortly be scheduling a meeting via Microsoft teams with affected members to provide a more comprehensive update on next steps.
If members have any questions about matters contained in this bulletin, they are encouraged to email [email protected].
Stay safe,