News
15th December, 2021
Payment for fit-testing – RFDS members
The Victorian Ambulance Union Incorporated (VAU) has been contacted by several members at Royal Flying Doctor Service (RFDS) who were recently required to attend fit testing outside of rostered hours but have not been paid for their time.
Whilst some RFDS staff members were able to have the testing done during work time or ‘down-time’, we know of many who were compelled to get the testing done outside of their normal rostered hours of work.
If you were one of those people who had your fit-testing conducted during your own time, we wish to advise that you are entitled to be paid (as overtime) for this essential work-related health and safety practice. Overtime payment applies whether the time spent was incidental overtime (before or after your rostered shift) or as a ‘minimum engagement’ period or part shift overtime (where you had to come in on a rostered day off just for the fit-testing).
What are my entitlements?
The Royal Flying Doctor Service Victoria Patient Transport Employees Enterprise Agreement 2021 (RFDS Enterprise Agreement 2021) describes overtime in clause 29.5
Rates of pay for Overtime will be based on ordinary rates of pay and paid as follows:
(a)Time and one half for the first two hours and double time thereafter for any work that exceeds the number of hours fixed as a day’s, week’s or fortnight’s work;
(b) Double time for overtime work done on Saturdays and Sundays;
(c) Double time and a half for all overtime work done on public holidays;
(d) Double time for work outside a spread of 12 hours from the commencement of the last previous rostered period of duty provided that the overtime is not continuous with the next succeeding period of duty.
What happens now?
If you believe that you have not been paid for the time spent getting your fit-testing completed, we advise you to claim payment for that time. The VAU recommend that you send a brief email to your Area Manager stating where you were fit-tested, on which date and whether the test was conducted on a day you were working (but the time was before or after your shift) or on a rostered day off.
Be clear that you are requesting overtime payment for that time in accordance with clause 29.5 (as outlined above) of the RFDS Enterprise Agreement 2021. We recommend that you cc the VAU into that email (as per email addresses below).
It was a few weeks ago now. What if RFDS refuses to pay me?
The time that has elapsed does not exclude you from the entitlement to this payment. It is unlikely that you will be refused overtime payment for this mandatory health and safety practice. If this does occur, we request that you contact the VAU immediately and we will assist you with lodging a grievance and/or underpayment claim with RFDS. For assistance, please contact your NEPT Organisers:
- Bruce Fine
- [email protected]
- 0480 194 711
- Kerry McLean
- [email protected]
- 0480 194 783