News
7th June, 2023
ESTA NEWS – Big Win for Members in Mentoring Allowance Case
In a major victory for Victorian Ambulance Union Inc and Communication Workers Union members working at ESTA, the Magistrates’ Court has confirmed that Workplace Trainers (WPTs) are entitled to a mentoring allowance when performing mentoring duties.
The VAU, together with the CWU, brought a claim on behalf of employees who are employed as WPTs and also perform mentoring duties. The unions and these members have raised a number of disputes about this issue over several years and ESTA has always refused to pay the mentoring allowance, despite the Enterprise Agreement being clear that the allowance is paid “to all ESTA accredited Mentors while they are performing their mentoring duties.”
ESTA was unable to produce any evidence to overcome the clear meaning of the words in the Agreement. The unions successfully argued that there was no common understanding that WPTs are not entitled to the allowance. Therefore, the Court found that ESTA has breached the Agreement by failing to pay the allowance.
The Court has invited the parties to make submissions about compensation and penalties. The VAU is hopeful that ESTA will work collaboratively with the unions to ensure that all affected members are paid their outstanding entitlements. If you have worked as a WPT and have not received the mentoring allowance while mentoring, and you have not previously notified the VAU, please contact us to discuss your situation.