Industrial Relations Commission of New South Wales CITATION: Health Service Union &Ambulance Service of NSW [2008] NSWIRComm 1035 APPLICANT PARTIES: Health Service Union RESPONDENT The Ambulance Service of NSW FILE NUMBER(S): 452 of 2008 CORAM: Ritchie C Disput notification. Issue of coverage of day work due to increase in workload. Both Union and the Service put forward trial rosters for consideration. Neither roster acceptable to other party. CATCHWORDS: Union sought to vary starting/finishing times on afternoon shift. Service sought to introduce two part time officers to work day work Monday to Friday. Union concerned with the knock on effect to other officers in the Division as extra staff's costs would come from current budget. Management stated that this could be done. Recommendation by Commission that the Service roster be given a trial of six months duration. Parties to report back to the Commission in last month of trial. LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 09/04/08,24/04/08, 05/05/08 DATE OF JUDGMENT: 6 May 2008 APPLICANT. Mr R. Morgan of the Health Services Union Mr Fraser of the Health Union LEGAL REPRESENTATIVES: RESPONDENT> Ms Litchfield of the Ambulance Service of NSW Mr Pilon of the Ambulance Service of NSW DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: Ritchie Commissioner 6 May 2008 Matter No IRC 452 of 2008 IN THE MATTER OF: Notification under section 130 by Health Services Union of a dispute with The Ambulance Service of NSW re introduction of roster at Coffs harbour. RECOMMENDATION [2008] NSWIRComm 1035 1 The Health Services Union (the Union) filed a dispute notification, on 4 April 2008, under section 130 of the Industrial Relations Act 1996 with respect to a dispute over current rosters that are applied at the Coffs Harbour Ambulance station. The Ambulance Service of NSW (the Service) was the respondent to the dispute. 2 It was expressed in the dispute notification that the current roster did not cover the station's workload. The matter was listed for conciliation on 9 April 2008, 24 April 2008 and 5 May 2008. During that period the parties met as per direction from the Commission to try and resolve the dispute. 3 As it was explained to the Commission, the state of NSW is broken up into four Divisions. Each operate separately with individual budgets. Within each Division there are separate sectors. In the North Division there are four sectors, they being : Central Coast, Hunter, Mid North Coast and Northern Rivers. The Coffs Harbour station falls under the Mid North Coast sector. 4 The Coffs Harbour station operates twenty- four hours a day seven days a week. The Union in this dispute provided the Commission with a roster that they sought to have implemented on a trial basis at the station. In brief it was the Union's submission that the bulk of work occurred during the day shift. Currently the day shift of two crews struggled to carry out the work and had to be augmented on occasions by crews from other stations or a call out crew(s). In their proposed roster they sought to delete the afternoon shift crew and roster it during the day thereby building up the manning on the day shift. 5 The Commission did note that it had some concern with this proposal of deleting the afternoon shift. 6 A variation of this proposal from the Union was to change the starting/finishing times of the afternoon roster from the current 2.00pm to midnight to noon until 10.00pm. This would give greater coverage to the later part of the day shift. 7 The Service did not accept this proposed roster. During discussions the Service proposed a roster which would retain the current roster but also add, on a trial basis, an extra crew that would operate purely on day work on a part time basis Monday to Friday 9.00am to 3.00pm, thirty hours a week. 8 It was confirmed by the Service that their proposed roster would not result in the employment of two extra officers and a subsequent increase in the Division's budget, but that the proposed new roster with the two part time officers costs would come from their present budget. It was advised by the Service that they have 5,000 hours per week in this payroll and a further 60 hours would be able to be covered. 9 The Union expressed their concerns with respect to the proposed employment of the two part time employees. Whilst it accepted that the Service could employ such persons in accordance with the Award it worked under, it believed that the employment of such persons would have a knock-on effect and result in restraints being placed on other officers who worked in the same Division when they sought to apply for various types of leave and it not be granted due to lack of coverage. They also raised concerns as to where the two new officers would come from and how would their relief be covered in that they were part time employees. 10 It was accepted by both parties that there exists a requirement to assist the day shift due to the increase in workload. What is in issue between the parties is the best way to meet this problem. 11 In listening to the Union, it is my view that their concern is not so much with the introduction of two part time employees onto the roster per say, but the ramifications that could occur to the other officers of the Division as a consequence. That is the budget is not increasing therefore restrictions/cuts will have to be made which may impact on the individual officer. 12 The Service has advised the Commission that it can handle the employment of the two part time officers without impacting on other officers in the Division. Given that comment, I believe it is appropriate for management to be given the opportunity to manage this trial roster. I believe it is appropriate to allow the Service to trial a roster at the Coffs Harbour station and I make the following Recommendation: 1. That the Service establish a new separate roster in accordance with the Operational Ambulance Officers (State) Award for two part time officers working Monday to Friday 9.00am to 3.00pm. Such persons will be classified as day workers. 2. That the current afternoon shift which is 2.00pm to 11.00pm Monday to Thursday to change to 3.00pm to midnight. 3. The new part time day work roster be made available to staff in the Northern Division on an expressions of interest basis and commence from 30 June 2008. 4. This trial roster will have a life of six months from the date of its commencement. 5. A review of the effectiveness of this roster will be carried out by the Union and the Service and report back to the Commission as presently constituted on 15 December 2008 at 9.30am. 13 I give leave for either party to relist this matter prior to the 15 December 2008 if required. D.Ritchie Commissioner DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.