Meeting Chaired By
10:00 – 11:30.
John Thomas, Lee Waller, Jon Nobel and Karen Gerristen.
Mike Hardwick. Amanda Howell and Anne Briede
St John Attendees
Alan Clyne, Tony Fitzgerald, Simon Hughes, Rene Anderson, Natalie Adams and Stephanie Freemantle.
Clauses presented by St John
Shift Worker Definition (Clause 3), Annual Leave (Clause 27.1), Casual Employee (Clause 10), Family and Domestic Violence – Paid Leave (Clause 27.17 & 27.18), Overtime (Clause 25), Termination of Employment (Clause 32)
Shift Worker Definition (Clause 3)
The clause presented can be viewed here. The discussions around the table related to the Public Holiday component and if the definition change from employee to shift worker would be beneficial or a detriment to our members.
There was also discussion on whether these changes are inconstant to those contained within the National Employment Standards (NES). Some more small wording changes mat be required, St John will review these and check against the NES to ascertain if there are inconsistencies.
A question was asked “is the intent of this clause is to give everyone four-weeks leave and an extra week to a defined shift worker as this definition is listed within the NES”. To which St John stated “yes”.
Annual Leave (Clause 27.1)
The clause presented can be viewed here. Discussions took place around currently if an employee takes sick leave on annual leave, if they provide a medical certificate, they can have that time taken out of their sick leave. St John wanted to effectively end this component within the Agreement.
It was raised at the initial presentation of this clause that these changes are more restrictive that what is written within the NES. St John had listened to this feedback and have amended the original wording.
The AEAWA will review these changes and formalise a response.
Casual Employee (Clause 10)
The clause presented can be viewed here. Changes to Section (f) when initially presented locked Ambulance Transport Officers into doing a set number of hours per quarter. The AEAWA opposed this wording as it effectively meant that a long-term employee who wanted to go on holidays for a long period of time would have been terminated under this proposal.
St John agreed to this and have made an amendment to their initial wording. The clause added the statement ‘Unless otherwise agreed”. The AEAWA are understanding that St John require an active casual workforce to maintain current and future contracts but are hesitant with this amendment.
Further discussions will take place around what could be contained within this new wording. Do staff have to apply? will some get the leave and others are declined? How many employees will St John allow at one time to be accepted?
Family and Domestic Violence – Paid Leave (Clause 27.17 & 27.18)
The clause presented can be viewed here. Discussions commenced on the inconsistencies with this clause to what is stipulated within the NES, particularly around Section (c). This section forces the employee to have a discussion with their manager. This wording is not contained within the NES and therefore it is the AEAWA’s opinion that this should not be a requirement.
Overtime Undertaking (Clause 25)
The clause presented can be viewed here. A Section in this new wording stipulated that an employee working over a 12-hour shift would receive overtime. As many members within the Transport team work 8 hours per shift, the question was asked will they receive overtime?
The answer was “yes” as their overtime is aligned to Clause 27 and will not be altered. Thes changes were required by the Fair Work Commission (FWC) for consistent wording throughout other industry Agreements. This change was a FWC requirement to change,
Termination of Employment (Clause 32)
The clause presented can be viewed here. Clause c has been amended also to align with other industry Agreements and was also a FWC requirement. The AEAWA had no concerns with this.
Other presented Clauses
On-Road Tutor Clause
St John had prepared an amendment to the on-road tutor clause. The time equivalency to be able to be a tutor has decreased from three-years to two-years. St John have also agreed to increase the current tutor allowance from $19.07 per shift to $26.00.
This was worked out by St John increasing the ATO2 base rate by 85%.
Further discussions occurred around tutoring and that there is no specific section that students can ask for more time to be mentored. The current tutor feedback form does not allow this request and many members do not feel comfortable approaching management to ask for more assistance.
St John will look at this form and are happy to include a new section for this request. St John will discuss this with the college and will review this and will provide feedback shortly.
Superannuation Default Fund
The fund St John are aligned with is REST, but any employee can change this to one they see more suitable for them. The AEAWA have no concerns with this amended section.
Currently St John are still working through this Clause and have no updates.
Change Wording of the Agreement
As our Medic colleagues are contained within the Ambulance Transport Agreement a name change of the Agreement should occur to reflect those officers. A name change to the PTS Agreement will most likely occur within this EBA.
Job Share Changes
A claim to change the job share percentage was tabled to change the arrangement from the 50 -50% to a percentage the officers want, for example 80-20%. Discussions from St John focused around this being a rostering nightmare as the officers would accrue leave rate at a different rate. There are other ways a roster can be changed by an officer than an 80-20% spilt. The AEAWA are not supportive of this claim.
Time out of Allocated Position
A claim was presented to change the period that St John can roster you out of your depot from 16-weeks to 8-weeks. St John are not supportive of this but will review. Feedback by some employees is that the 16-weeks is too long, although it has never been applied.
A claim for changing the time to find a partner from 8-weeks to 16-weeks was presented. This was due to officers requiring more time to find a job share partner. Further discussions will take place at future meetings. The AEAWA would support this claim.
There was a discussion point relating to a change to the travel matrix used in Transport. Change in the way that the distance between two areas was changed. The formula for travel is not contained in the Certified Agreement as it is aligned to an Australian Tax Office Table. The fastest route to the shortest route changed in 2018. This meant that some kms were removed from the calculation.
Although the cost for travel increased, officers were receiving less travel due to the route change contained within that Table. St John stated that they did not make this change, it was an ATO change.
Casual to Receive Time and Travel Allowance
This clause was for two specific areas within the Agreement.
- Casuals sent to a depot who may not have a partner were sent to another location. A claim was presented that these employees should be entitles to this allowance as now they are required to travel to another location.
- Casual Transport Officers working in the country (due to severe under staffing of paramedics in country regions) are now required to come in for emergency calls. The AEAWA believe that they should be paid the ICB, Time and Travel component, As an officer who drops everything to come in for an emergency call should be compensated for that,
Travel Allowance Eligibility when rostered at a preferred station
A claim was presented to remove this section for those who have no permanency. A person who has their name on the station and are not permanent do not get paid the travel as they have their name on the list. The argument is, is that they are not permanent at that location, so they should still get the travel. St John will provide their feedback shortly.
The AEAWA put forward numerous claims contained within the Paramedic/Ambulance Officers Agreement that would benefit our ATO members.
If an instance occurred were an ATO or Medic were required to fill a role, where they were not provided a uniform from St John, and had to purchase clothing items could be compensated. This clause was imported from the Paramedic/Ambulance Officers Agreement and was agreed in principle by St John.
If an ATO or Medic unfortunately dies relating to a workplace event or events should be provided the allowance. This clause was imported from the Paramedic/Ambulance Officers Agreement and was agreed in principle by St John.
Spoilt Meal Breaks and Suitable Locations
The AEAWA presented a Clause which is also imported from the Paramedic/Ambulance Officers Agreement. Those employees (as what is not currently occurring with our Transport colleagues) can not be given a lunch break in a patient’s driveway, or whilst driving back from a call in an area with no facilities).
The AEAWA believe our Transport members deserve to have their lunch break at the nearest depot or a hospital with the same facilities allowed to Paramedics. Tea, coffee, microwave, toilet facilities and somewhere to sit should be provided. These locations already exist for those contained in the Paramedic/Ambulance Officers Agreement. The AEAWA would like these inclusions listed in this Agreement.
A conversation occurred around an allowance for a Spoilt Meal Break, as many of our Transport colleagues are reporting they response is that it’s too busy for them to be allocated one.
The question was asked “as a non-emergency service why are we forced into not taking the break at a suitable time”? The Spoilt Meal Break penalty is an AEAWA claim and will be presented at a future meeting.
The meeting concluded 12:30
The next Ambulance Transport EBA meeting (Meeting 4) is scheduled for Wednesday May 10th between 09:30-12:30.