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TZV ESTA 2024 EBA


MEMBER UPDATE 20 MAY 24

INDEX TO HEADS OF AGREEMENT
Wages and Allowances
1. Wages and Allowances:
2. One Off Payment:
3. Duration of Enterprise Agreement:
Roles and Classification Structure
4. Emergency Communications Officer Classification Structure
Deployment and Rosters
5. Standard Rosters
6. Non-standard Rosters
7. Non-standard roster change
8. Roster Ballarat Fire
Staffing
9. Multiskilling
10. Williams Landing Ambulance Rostering
11. Staffing levels
12. Conversion Hours
13. Access to Leave
14. Flexible Working Arrangements
15. Career Break
16. Purchased Leave
17. 80/20 career break leave - mature aged workers
18. Parental Leave
19. Assisted Reproductive Treatment Leave
20. Cultural and Ceremonial Leave
21. Training and Trainers
22. Mentoring
23. Fire Calls to Police
24. Career progression, selection, and appeal process
Support and Wellbeing
25. Compassionate Leave
26. Leave Donation
27. Defence Leave
28. Blood Donation Leave
29. Infectious Disease Leave
30. Right to disconnect
Consultation and Representation Related Matters
31. Consultation (UCC)
32. Delegate and Union related matters
33. Enterprise Bargaining
34. Union Delegate Secondment
35. State Council/Branch Committee of Management
Other Matters
36. Deployment (field work)
37. Public Holidays
38. Overtime rates
39. Underpayments
40. Service Awards
41. Night shift penalty payments
42. Annual Leave Review

2005/2024

000VICTORIA BARGAINING UPDATE

SEEKING MEMBER INPUT

The Victorian Ambulance Union Incorporated (VAU), Communications Electrical Plumbing Union (CEPU), United Firefighters' Union (UFU) and United Workers' Union (UWU) has met with Triple Zero Victoria (000VIC) to further discuss the recognition of service within the proposed Classification Structure, which has been in dispute. Following the meetings, 000VIC have proposed some arrangements to resolve the issues and move forward with the Agreement.

The Unions are seeking input from all of our membership about the proposed agreement as it is, via a survey, following those discussions. Detailed below are the improvements to your current conditions achieved during bargaining for the purposes of completing the survey.

Please take the time to thoroughly read through and understand the whole bulletin inclusive of `What happens if there is no in-principle agreement'. Attached is also a tool in the form of an Excel Spreadsheet that allows employees to establish your rate of pay under the proposed structure:

  • if it was applied now (which enables employees to make a direct comparison with their current rate); and
  • your rate of pay when the 3% is applied (which would be your rate when the structure is implemented after approval of the Agreement).

    Members are asked to then complete the 1-minute survey linked at the bottom of the bulletin, which will close by COB, Friday 24 May 2024. Each Union is responsible for their own memberships' survey details to maintain member privacy.

    DETAILS OF THE CURRENT PROPOSAL

    1. Duration of Enterprise Agreement:

    4 years from 3 April 2024.

    2. Wages, Allowances and One-Off Payment:

    000VIC will increase Wages and Allowances during the life of the Agreement and provide a One-Off Payment as follows:

    - From Approval of the Agreement by the Fair Work Commission
    ---$5,546 payment for all permanent employees. This one-off payment will be pro-rated for part-time employees (Note: secondees get payment under one agreement or the other, not both).
    - From the first full pay period on or after 3 April 2024
    --- 3% increases on Wages and Allowances.
    - From the first full pay period on or after 3 April 2025
    --- 3% increases on Wages and Allowances.
    - From the first full pay period on or after 3 April 2026
    --- 3% increases on Wages and Allowances.
    - From the first full pay period on or after 3 April 2027
    --- 3% increases on Wages and Allowances.
    Note - The `Agreed in Principle' date of 3 April 2024 of 3% applies to your current wages and allowances. The wage increments associated with your position in the new Classification Structure would apply from date of approval by the Fair Work Commission, if the Agreement is voted up by employees (000VIC amended their position in relation to the implementation of the structure from 3 November 2024 to the approval of the Agreement).

    3. Emergency Communications Officer Classification Structure

    A new Classification Structure will be implemented from approval of the Agreement that will embed:

    Service Recognition - Classification Structure

    Following further discussions about recognition of service, 000VIC have now confirmed that:

    • Calltakers (including Senior Calltaker and Multiskilled Calltaker) will translate to the appropriate Classification levels and experience increment in the new structure based on their current number of skills and their Years of Service at 000VIC.
    • Dispatchers (including Senior Dispatcher and Multiskilled Dispatcher) will translate to the appropriate Classification levels and experience increment in the new structure based on their current number of skills and Years of Service as a Dispatcher.
    • Assistant Team Leaders (ATLs)/Team Leaders (TLs) will translate to the base/minimum increment of the new ATL/TL Classifications, noting that service increments in these roles are being introduced as part of the new structure.
    • Senior Team Leader: Existing TLs who hold a Diploma of Management will translate to the base of the new Senior TL Classification. These Senior TLs will not be required to undertake another qualification to maintain the role, even if a new qualification is introduced at a later stage.
    • Workplace trainers (WPT): will translate to the appropriate levels and experience increment in the new structure based on their current number of skills and years of service as a Workplace Trainer, regardless of their qualification status. They will still be expected to attain their Cert IV within two years of the commencement of the agreement in accordance with the other commitments within the agreement.
    • 3 Year Service Increment: All employees who have completed 3 years of service will be eligible for the 3-year service increment, including ATLs/TL/Snr TLs. It is additional to and not affected by service within the role.

    What does this mean for all Classifications?

    • All Classifications with three years' service working for 00VIC will receive an additional payment, including ATLs and TLs (who have not previously received the payment).
    • In all Dispatching, Calltaking and WPT roles, service in the role will be counted when the translation occurs.
    • For ATLs and TLs, service within the role will not be counted when the translation occurs.

    Notwithstanding the above, ATLs and TLs have previously not had any form of recognition of service within the role and will now progress to higher rates of pay following completion of 1- and 2-years services. The benefits immediately include:
    a) A non-multiskilled ATL under the new Classification Structure with an increase of $5,087.64 (if they have completed 3 years' service at 000VIC).
    b) A multiskilled ATL will enter the new Classification Structure with an increase of $1,264.28 (if they have completed 3 years' service at 000VIC).
    c) TLs with a Diploma of Management will be able to immediately move to the new Senior TL Classification, which does not currently exist. These TLs will receive an immediate increase of $4,067.94 (which includes the three years' service increment not currently paid) and progress.

    Not all areas of the Classification Structure provide a significant uplift for employees, some receive the 3% annual wage increase, some receive a small increase and other areas will see a significant boost. However, no employee will suffer a decrease in their rate of pay as a result of translation.

    Note: If on translation your rate of pay would be less than your current rate, you will continue to be paid the annual 3% increases on your current rate until you progress to a higher Classification which provides for a higher increase. For example, in some cases the first year within the relevant Classification provides for a lower rate than the current agreement. An employee in this circumstance will be paid the 3% on their current rate, but when they have completed 2 years of service within the role, they will move to the higher rate of pay.

    Transition Payment

    As a transition adjustment, at the commencement of the Agreement, the below roles will be provided a one-off payment of $2,000:

  • Multiskilled Senior Calltakers who hold six Calltaking skills or more,
  • Multiskilled Senior Dispatchers who hold 7 or more skills or more, and
  • Multiskilled Workplace Trainers who hold 7 or more skills.

    These employees, due to their number of skills, are paid higher than the Multiskilled Senior Calltaker Classification or the Multiskilled Senior Dispatcher Classification, respectively.

    However, as above, they will continue on their current pay rate, which will increase annually by 3%.

    20 Year Service Payment

    000VIC will provide a one-off $1,000 payment to employees who have achieved 20 years' service at the commencement of the Agreement, and to employees who will achieve 20 years' service during the life of the Agreement for recognition of their long service.

    Continuous Service

    000VIC have proposed that they will continue to recognise continuous service for the purposes of the Classification Structure, notwithstanding that an employee has had:
    1. A break in employment of up to 12 months.
    2. been employed for up to 12 months on the Support Agreement or indefinitely where an employee maintains their currency.
    The current Agreement does not provide for this recognition.

    4. Multiskilling

    000VIC has committed to significantly increasing multiskilling opportunities. The multiskilling commitment will provide that eligible employees will have the opportunity to gain at least two additional skills above their two primary stream Calltaking skills, which will be provided through 2 rounds (outlined below). The new multiskilling opportunities will allow employees to progress further within the Classification Structure.

    The commitment to increase multiskilled opportunities will be outlined in a new Multiskilling Policy, which will be referenced in the new Agreement. Having it referred to in the new Agreement, means members will have the ability to lodge disputes about policy breaches.

    Round 1 - which will occur within 12 months of the Agreement being approved

    The opportunity will be offered to eligible employees who are either:
    a) A single stream Calltaker with no additional skills; or
    b) A single stream Dispatcher (not multiskilled) or Fire Dispatcher with only SES Calltaking, who has a minimum 5 years' service and has unsuccessfully applied for a multiskill training opportunity.

    Round 2 - which must be scheduled within 2 years of round one being scheduled

    The opportunity will be made available for a Calltaker with no more than one additional skill (above their 2 primary stream skills).

    Note: For employees to be eligible they must have completed their FQA, 12 months service in their primary service and not currently be working through a competency-related performance improvement plan.

    Following the initial commitment being fulfilled, 000VIC will commence bi-annual EOIs for newly eligible employees' access to multiskill train, consistent with the above rounds. The Multiskilling Policy and commitment also includes protection for employees when changing skill areas, and ensures skills maintenance. For example, employees rostered to a multiskill stream in advance will be rostered for a period of no less than 6 hours, unless by mutual agreement.

    5. Staffing levels

    000VIC has expanded on existing staffing arrangements through the development of a comprehensive Scheduling, Deployment and Staffing Levels Policy, which can be enforced through the dispute resolution process within the Agreement. A right that is not currently available in the current Agreement.

    The Policy includes:

    6. Mentoring

    The Agreement will provide that:

    7. Night shift penalty payments

    From the date of commencement of the Agreement, the penalty payments for night shifts (except where Saturday, Sunday or Public Holiday rates apply) will increase from 25% to 35%. The penalty payment on Friday night shifts where at least half the shift is worked after midnight Friday, will increase from 50% to 60%. The Unions have managed to negotiate this amount, which sits outside of the Government's Wages Policy as it is an efficiency gain.

    8. Overtime rates

    The Agreement will provide that overtime on weekends from 1800 hours Friday to 0700 hours Monday will be double time.

    9. Public Holidays

    The Agreement will be amended during the drafting process to confirm that:

    10. Conversion Hours

    The current arrangements regarding the management and scheduling of Conversion Hours will be amended. Key updates include:

    The Unions and 000VIC will develop a guideline within the first 12 months of the Agreement about how the above arrangements and Conversion Hours apply generally but the above arrangements will be enforceable.

    11. Access to Leave

    000VIC will make significant changes to improve employees' access to planned leave, which will be captured in 000VIC's Leave Policy. They have also committed to adhering to the Policy within the Agreement.

    In summary the changes include:

    12. Leave request made for a rotation (3/4 shifts available):

    The Policy will also provide where an application has been made for either:

    Resource planners will review the request and approve leave for the one shift, if the shifts applied for are within a consecutive rotation or week. However, it will not be approved if there is more than 1 employee above the current group allowance, and does not apply to ATL/TL employees.

    13. Standard Rosters

    Standard Rosters will continue to be 000VIC's primary workforce roster as they provide efficient and effective workforce deployment to meet the majority of community demand.

    The definition of a Standard Roster will be amended as follows:

    14. Non-standard Rosters

    000VIC will utilise Non-Standard Rosters to meet predictable, but non-linear, community demand subject to the following:

  • Non-Standard Rosters will be defined as Roster E and F.
  • Non-Standard Rosters will include Full Time and Part Time employees.
  • Roster change arrangements for employees on Roster F will be consulted on, and employees and their representatives can utilise the dispute settlement procedure to resolve concerns about roster changes.

    15. Roster Ballarat Fire

    Commitment to be inserted in the Agreement to review the Ballarat Fire roster during the third year of the Agreement, and current supervisory arrangements will continue until the review concludes.

    16. Williams Landing Ambulance Rostering

    000VIC is committed to preserving the Standard Roster as the foundation for meeting operational demand at all SECCs. Therefore, 000VIC will establish a Standard Roster (42 hours a week) in Ambulance at Williams Landing, if there is sufficient interest that enable a team to work the roster.

    17. Flexible Working Arrangements (FWA)

    000VIC's FWA Policy has been reviewed and amended in consultation with the Unions.

    In summary key updates include:

  • Compliance with the Fair Work Act 2009 Flexible Working Provisions.
  • Developing consistency for FWA requests, assessment and review processes across the workforce.

    18. Career Break

    000VIC Operational employees may apply to take up to 12 months leave without pay for study, extended travel, attending to family responsibilities or other personal circumstances including significant social or community responsibilities.

    19. Purchased Leave

    000VIC Operational full-time employees (38/40/42 hours) who were previously ineligible to apply for purchased leave will now be able to apply. This includes both Part-Time and Full-Time Operational employees.

    20. 80/20 Career Break Leave - Mature-aged workers

    000VIC will commence a trial in the 2nd year of the Agreement for mature-aged workers to apply for an 80/20 career break arrangement. The 80/20 initiative will allow employees, as part of an agreed road-to-retirement plan, to work for 4 years and receive 80% of their salary and then take a 5th year off work, with pay. The Agreement will be amended during the drafting process to reference the 80/20 trial, with the full arrangements of the initiative to be contained in the 000VIC Leave Policy.

    21. Parental Leave

    The Agreement will be amended to include clauses that maintain the current 2 weeks of paid leave for secondary caregivers, and provide an additional 8 weeks of paid leave if the secondary caregiver takes over the primary care responsibilities within the first 13 weeks of the child's life.

    22. Assisted Reproductive Treatment Leave

    The Agreement will be amended during the drafting process to include new clauses that provide:

    23. Cultural and Ceremonial Leave

    The Agreement will be amended during the drafting process to include clauses which provide for:

    24. Training Model

    The following changes will be made to training arrangements that will be included in the Agreement:

    25. Workplace Trainers and Assessors

    The following changes will be made for WPT and assessors arrangements in policy:

    26. Assessment Delivery

    There is also agreement that -

    27. Training Delivery

    The parties have agreed the following for inclusion in the Training Policy:

    In respect to the above matters the Agreement will specify that the length of courses, the learner/trainer ratios and breaks between courses will be specified in the Training Policy.

    28. Fire Calls to Police

    The Agreement will provide that the practice of having Police Calltakers process misdirected Fire calls will be reviewed within 6 months of the commencement of the Agreement. The practice will be reviewed in consultation through the UCC. Should the review identify alternative work practices that do not adversely impact safety and operational responsiveness, the current practice will be ceased in favor of those arrangements.

    29. Career progression, selection, and appeal process

    000VIC are reviewing the EOI process for existing employee's career progression. 000VIC is committed to an equitable merit-based selection process. 000VIC is working to update the Recruitment and Selection Policy to ensure that the process is equitable, merit-based and that candidates are provided with timely and adequate feedback and have the ability to seek review.

    30. Compassionate Leave

    The Agreement will be amended to include clauses which provide for improved access to Compassionate Leave:

    31. Leave Donation

    The Agreement will be amended during the drafting process to expand the circumstances where employees can accept Leave Donations. Employees receiving Personal Leave Donations will now be able to use any amount of the Donated Leave when they are unfit for work due to a long-term or chronic personal illness or injury; and/or up to 96 hours of Donated Leave (annually) for any illness or injury, subject to 000VIC's reasonable evidence requirements.

    32. Defence Leave

    The Agreement will be amended during the drafting process to include a new clause which provides:

    33. Blood Donation Leave

    The Agreement will include a new clause which provides access to Blood Donation Leave for up to 4 hours without loss of pay to visit the Red Cross Blood Bank as a donor, once every 12 weeks.

    34. Infectious Disease Leave (Special Leave)

    The Agreement will provide that:

  • Where an employee has been directed away from the workplace due to having an Infectious Disease but is not otherwise unwell, will be granted special leave.
  • Where an employee is a close contact of a person with an Infectious Disease and the employee has been directed not to attend work, 000VIC will grant the employee special leave.

    35. Right to Disconnect

    The Agreement will confirm that outside of Emergency Events, employees will not be required to monitor, read or respond to emails or text messages outside of work hours. Further, no employee will be disadvantaged by not responding to communications outside of their work hours.

    36. Consultation (UCC)

    Clause 59.3 of the Agreement will be amended during the drafting process to include preparation time for delegates/representatives before and after UCC meetings.

    37. Delegate and Union-related matters

    Clause 60.3 of the Agreement will be amended to change the number of Consultative meetings held per year from "at least 4" to "at least 5". The clause will also be amended to include the opportunity for employee representatives to caucus.

    38. Enterprise Bargaining

    Clause 5.4 of the Agreement will be amended during the drafting process to include the words reasonable preparation time. This will provide delegates time to prepare for bargaining meetings.

    39. Union Delegate Secondment

    The Agreement will be amended to include a clause that supports the Secondment of Union Delegates to a Union office if leave without pay is approved by 000VIC on operational grounds. The period of the Secondment will not break the continuous service of the employee.

    40. State Council/Branch Committee of Management

    The Agreement will be amended to include a clause that supports Union Delegates being released to attend State Council/Branch Committee of Management meetings via the facilitation of approved shift swaps, or approved time in lieu, or approved leave. Additionally, the definition of Industrial Training Leave in Clause 46 will be expanded to include attendance at State Council/Branch Committee of Management meetings.

    41. Deployment (field work)

    The Agreement will be amended to include a Deployment Outside of SECCs clause that refers to the Deployment Policy, Travel Policy and other relevant clauses in the Agreement.

    The Policy will include a minimum 2 day break for employees who have been deployed to regional non-000VIC sites. The Deployment and Travel Policies will be developed through Consultation over the first 6 months of the Agreement.

    42. Underpayments

    The Agreement will confirm that where an underpayment is identified, and it constitutes at least 30% of an employee's total gross pay, an out of cycle payment will be made the following business day after notification to payroll. All other underpayments will be rectified in accordance with 000VIC's Out of Cycle Payment Guideline.

    43. Service Awards

    A Policy will provide that if you are on-shift at the time of a Service Award, you will be released with pay to attend. 000VIC will make every effort to ensure that it occurs on-shift, including consideration of shift swaps. Employees in receipt of a National Emergency Medal will be released from duty to attend the presentation without loss of pay.

    44. Annual Leave Review

    A review will be conducted during the life of the Agreement to review how employees can access more leave and improve leave, consistent with the other Emergency Services.


    Are there any matters that remain dispute?

    There are only 2 matters that have not been resolved. They are:

    1. ATLs and TLs service within the role will not be recognised on translation; and

    2. The Classification Structure will be implemented from the approval of the Agreement at the Fair Work Commission.

    The understanding that Unions were given by 000VIC of how the translation to the new structure would occur for ATLs and TLs was different to the position that government costed and approved. 000VIC have confirmed further that they will not amend this position.

    What happens if there is no in-principle agreement?

    It is important members understand all possible outcomes prior to deciding whether to support the current proposal and/or continue to bargain. If the membership instructs us to reject this current offer and continue bargaining, the below outcomes are possible:

    1. The In-Principle Agreement 3 April 2024 backpay date for 3% on current wages and allowances will no longer apply, and the wages and allowances will not be backdated. A new In-Principle date could be reached but this will be at a future unknown date. Note: The Unions cannot enforce an In-Principle Agreement at the Fair Work Commission.

    2. 000VIC may consider (with Government approval) putting the Agreement out to vote without Union endorsement. It will then be up to all employees to decide whether to approve the Agreement or not.

    3. 000VIC and Government may decide that they will not propose the Classification Structure. However, the money for the structure will not be provided for in other parts of the agreement, as the money is an efficiency gain and falls outside of the strict 3% Wages Policy.

    4. The 4 Unions could notify of further Industrial Action in support of the remaining 2 issues in dispute.

    5. An Application for a Bargaining Order (s 240 of the Fair Work Act) - A Bargaining Representative may make an application under s 240 for the Fair Work Commission (FWC) to assist in resolving a bargaining dispute using powers that include conciliation, mediation, the making of recommendations, in whichever way the FWC considers appropriate.

    6. Intractable Bargaining - A Bargaining Representative can apply for an Intractable Bargaining Declaration if the parties:

  • have been bargaining for at least 9 months (the minimum bargaining period) and have reached an impasse.
  • have already tried to resolve the bargaining dispute including by making an application to the Commission (s 240).
  • want further assistance to resolve the dispute.

    If the FWC makes an Intractable Bargaining Declaration and Bargaining Representatives still can't resolve the dispute, the FWC must make an Intractable Bargaining Workplace Determination. This Determination establishes the terms and conditions of employment in place of an Enterprise Agreement. The Determination could favour either party. All terms and conditions currently agreed could be determined on. A resolution through this process may take at least another 6 months.

    Next Steps

    Ultimately, the Unions are representatives of our members. Based on the current state of bargaining, where we have gained as much as we can in the bargaining room, and where there are possible outcomes that may lead to a worse outcome, we need your feedback before deciding our next steps.

    Therefore, we ask you to please complete the below survey, which will close by COB, Friday 24 May 2024. Survey https://forms.gle/RPz7gm6wX6fM6Uyt5

    In Unity,
    Sue Riley, CWU a division of CEPU, sriley@cwu.asn.au
    Matthew Coggin, VAU, Matthew.Coggin@vau.org.au
    Jeremy Murphy, UFU, io4@ufuvic.asn.au
    Julien Gibson, UWU, Julien.Gisbon@unitedworkers.org.au 9



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