News

Clause 11.2, the status quo clause, is an integral part of the dispute resolution process in our Enterprise Agreement. It protects members who bring disputes by ensuring that the usual practice of work continues while a dispute is being dealt with. Without this clause, employers could prevent employees from asserting their rights by changing their work arrangements.

The VAU assisted a member to bring a dispute to the Fair Work Commission (FWC). This dispute was about the PSBD not providing the member with procedural fairness. This dispute is being scheduled for arbitration. Because the dispute is not resolved the status quo clause applies and AV is not allowed to change this member’s usual work practice while the dispute is ongoing.
Notwithstanding this, the PSBD have changed this member’s usual work practice and are requiring the rural member to work a reserve roster in the metro region. We view this as an egregious contravention of the status quo clause of the Agreement.

The VAU take breaches of the Agreement seriously. We have filed an application for an interim order (urgent hearing) to prevent AV from breaching our Agreement and from changing our member’s working arrangements. We will continue to protect the rights members have bargained for in the Agreement and continue to make sure that AV upholds its obligations.

In solidarity