News
6th August, 2021
NPT meal break dispute – Appeal to full bench at Fair Work
The Victorian Ambulance Union Incorporated (VAU) is pleased to inform members that we are appealing the recent decision by the Fair Work Commission in relation to the NPT meal break dispute. As a reminder to members, this dispute centres around the argument that a meal break is not only in paid time but also counts as time worked.
As mentioned in our recent bulletin sent to members on 2 July 2021, the decision at first instance was found in favour of NPT, meaning that the meal break is not counted as time worked, the VAU’s member (Howard) disputes this finding and the VAU believe we have a strong case to appeal this decision. On behalf of member ‘Howard’ the VAU have made an application to appeal this decision, which is set to be heard on Monday, 16 August 2021.
What does this mean?
What this means is that the original decision, which was heard by a single Commissioner, will now be heard by the full bench (three Commissioners) of the Fair Work Commission. They will examine the legal basis for the original decision and come to a determination about whether the decision was correct.
Why is this so important?
Since the 1960s, employees in the Victorian ambulance industry have been entitled to a paid meal break which is counted as time worked. This has often been referred to as a crib break. This entitlement reflects the fact that ambulance employees are expected to take their meal at a location determined by the despatcher and be available to be recalled back to work.
As an industry, we cannot afford to allow this condition to be removed. If the NPT case is ultimately won by the company, it is anticipated that other providers will look at introducing similar measures. That will mean that this long-standing work provision could be lost. The VAU will do everything in its power to prevent this from occurring.
