Caysee Anderson Michael Nimco v Ambulance Victoria Summary

[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)]

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.

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

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.
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.
The Applicants agree that this resolves the disputes, and they withdraw their respective Applications.
On the basis of this agreement, the Victorian Ambulance Union has agreed to discontinue the Applications.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved Caysee Anderson Michael Nimco, acting on behalf of several applicants, and Ambulance Victoria. The dispute centered around the implementation of People Based Rostering (PBR) within specific ambulance service areas, including Service Areas 6 and 7 and MICA. The applicants, represented by the Victorian Ambulance Union, sought to address concerns arising from the new rostering system.

The primary legal issue for the Commission to determine was whether the implementation of the PBR system, as proposed by Ambulance Victoria, complied with the relevant enterprise agreement and the National Employment Standards (NES). This involved assessing whether the rostering changes were in accordance with the terms of the agreement between the parties and did not unfairly disadvantage the employees. Furthermore, the Commission had to consider the implications of the proposed resolution on the ongoing operations of the affected ambulance service areas.

The Commission found that the parties had reached a resolution to the dispute. Ambulance Victoria and the Victorian Ambulance Union agreed to alter the rostering arrangements for the Diamond Creek branch, specifically by removing a half-hour gap between shifts and adjusting the shift timings. Additionally, the parties agreed to proceed with the PBR rosters for the other branches, thereby resolving the disputes. The applicants agreed to withdraw their respective applications, and the Victorian Ambulance Union agreed to discontinue the proceedings. The Commission accepted this resolution as a fair and reasonable outcome that addressed the concerns raised by the applicants.

In light of the resolution, the Commission ordered that the revised rostering arrangements for the Diamond Creek branch would take effect, and the PBR rosters would proceed for the other branches as planned. This decision brought the disputes to a close and allowed the parties to move forward with the implementation of the rostering changes.

Caysee Anderson Michael Nimco v Ambulance Victoria

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established