Dispatch Reform and Meal Breaks/Overtime
The Union acknowledges the significant amount of work going into dispatch reform by Ambulance Victoria. Many of our members have been involved in this process which will no doubt bring significant improvements to ambulance response times and service to the community.
However, recently members have raised concerns about experiencing an increase in spoilt or late meal breaks and incidental overtime. The Union reminds members of their rights under their Enterprise Agreement.
38 OVERTIME
38.1 Requirement to work reasonable overtime
(a) Subject to clause 38.1(b), the Employer may require an employee to work reasonable overtime (including incidental and full shift overtime) at applicable overtime rates of pay.
(b) An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:
(i) any risk to employee health and safety;
(ii) the employee’s personal circumstances including any family responsibilities;
(iii) the needs of the workplace or enterprise;
(iv) the notice (if any) given by the Employer of the overtime and by the employee of his or her intention to refuse it; and
(v) any other relevant matter.
43.3 Crib time for operational employees
(a) Operational employees are entitled to crib time as follows:
(i) For shifts of between eight hours and less than 10 hours, one twenty (20) minute crib break.
(ii) For shifts of 10 hours, one thirty (30) minute crib break.
(iii) For shifts of more than 10 and up to 14 hours, two thirty (30) minute crib breaks.
(b) When working a shift of 8 hours, the window of opportunity for a crib meal break shall be during the 60 minute period from the end of the fourth hour after the commencement of the shift.
(c) When working a shift of 10 hours, the window of opportunity for a crib meal break shall be during the 90 minute period from the end of the fourth hour after the commencement of the shift.
(d) When working a shift in excess of 10 hours and up to 14 hours, the window of opportunity for the first crib meal break shall be during the 90 minute period from the end of the third hour after the commencement of the shift. The window of opportunity for the second crib meal break shall be during the 90 minute period from the end of the eighth hour after the commencement of the shift.
(e) When an Operational employee has not received a complete crib meal break in the window of opportunity for taking such meal break as defined in clauses 43.3(b), 43.3(c) and 43.3(d) the employee will be directed to take a complete crib meal break provided that:
(i) For a period of one hour after the end of the window of opportunity the employee may be required to respond to code one and priority zero cases only.
(ii) If the crib meal break has not been completed by the end of the first hour after the window of opportunity the employee may be required to respond to priority zero cases only.
(f) Crib meal breaks will be taken at a time and place directed by the Employer.
Members are encouraged to notify the Union if they are having difficulty obtaining meal breaks on time or working unreasonable overtime so that we can work with Ambulance Victoria to mitigate any externalities of grid reform.
If any member needs assistance with this matter please contact your local AEAV Delegate or the Union directly.
Danny Hill
Assistant Secretary
July 2016
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