Caysee Anderson Michael Nimco v Ambulance Victoria

[2023] FWC 3055

[2023] FWC 3055

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

s.739 - Application to deal with a dispute

Caysee Anderson

Michael Nimco
v

Ambulance Victoria

(C2023/7065 and C2023/7064)

COMMISSIONER LEE MELBOURNE, 21 NOVEMBER 2023

Alleged dispute about any matters arising under the enterprise agreement and the NES;[s186(6)]

1. Today, 21 November 2023, in conferences listed in proceedings C2023/7065 and C2023/7064, the parties had discussions with a view to resolve the matters in dispute in these proceedings and C2023/6914 (collectively, the Applications) regarding the implementation of People Based Rostering (PBR) within Ambulance Service Areas 6 and 7 and MICA.

1. The Respondent, Ambulance Victoria, and the Victorian Ambulance Union, on behalf of the Applicants, have agreed to resolve the Applications on the following terms:

1. In respect of the Diamond Creek branch, the half hour gap between the day and night shift of the Yarrambat 12-hour night shift, from 1830-0630, will be removed and replaced with a shift from 1800-0600.

2. The agreement reached between the parties before Deputy President Gostencnik in proceeding C2023/6914 on 15 November 2023 to revert to pre-PBR rostering arrangements in Dallas, Hadfield, Thomastown, Craigieburn, Donnybrook, Greensborough and Diamond Creek on 11 December 2023, along with any other branches of the Respondent included in subsequent applications filed on 17 November 2023, pending resolutions of the disputes is set aside.  Accordingly, the PBR rosters which commenced on 13 November 2023 in relation to the branches which were named in the applications giving rise to proceeding C2023/6914 and C2023/7065, and were notified as commencing on 11 December 2023 in the case of MICA teams named in the application giving rise to proceeding C2023/7064, will proceed. 

3. The Applicants agree that this resolves the disputes, and they withdraw their respective Applications.

4. On the basis of this agreement, the Victorian Ambulance Union has agreed to discontinue the Applications.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<PR768497>