In Australian Paramedics Association (NSW) v Health Secretary in respect of New South Wales Ambulance (Virtual Clinical Care Centre Clinicians) [2024] NSWIRComm 1066, Commissioner McDonald had to rule on some preliminary issues in a dispute between the Australian Paramedics Association (‘APA’) joined also by the Health Services Union, and NSW Ambulance (‘NSWA’).

At issue is the classification and therefore rate of pay for employees in the Virtual Clinical Care Centre (‘the VCCC’). Since its inception, clinicians in the VCCC were classified as ‘‘Aeromedical Operations Officers’ paid as an Aeromedical Control Centre Officer (ACCO) or Paramedic Level 3, Band 2.   The VCCC had been established quickly during the COVID-19 pandemic and employees had been assigned to it on a temporary basis.  NSWA now want to ensure its permanent operation and to appoint officers to the VCCC on a permanent basis but proposed they would be employed as paramedic level 1 or 2 with a resulting pay decrease for those already working in the VCCC.  The APA argued that this was not permitted by the NSW Ambulance Paramedics (State) Award 2023 (‘the 2023 Award’).   Alternatively, the APA argued that a new employee classification of Virtual Clinical Care Centre Triage Clinician should be established and paid at the the rate of Paramedic Level 3, Band 2. NSWA argued that the creation of this new employee classification was prohibited by the 2023 Award.   The clause that both parties relied on is the ‘no extra claims clause’ (cl 51 of the 2023 Award) that says:

51.  No Extra Claims

Other than as provided for in the Industrial Relations Act 1996, there shall be no further claims/demands or proceedings instituted before the Industrial Relations Commission of New South Wales for extra or reduced wages, salaries, rates of pay, allowances or conditions of employment with respect to the employees covered by the Award that take effect prior to 30 June 2026 by a party to this Award.

The decision involved a long and complex analysis of various provisions of the award and the understanding of the parties at the time the award was made, and I will not report on these technical details.  Suffice to say the Commission determined that neither the proposed classification of VCCC employees as paramedic level 1 or 2, nor the proposed new classification of VCCC triage clinician equivalent to paramedic level 3 Band 2, were prohibited by cl 51 that is the proposals by both NSWA and the APA did not constate an ‘extra claim’. 

That is not the end of the matter. This ruling allows the dispute as to the appropriate classification of VCCC triage clinicians to proceed through the Industrial Relations Commission’s dispute resolution process. As Commissioner McDonald said (at [9]

… NSWA will have to prove to the Commission that the assignment of the VCCC Triage Clinician position to work level Paramedic Level 1 or Paramedic Level 2 is “required”. The APA, if it pursues its counter proposal, will need to establish that the Commission may vary the 2023 Award in the manner sought…

It remains to be seen how the dispute will be resolved.

This blog is made possible with generous financial support from (in alphabetical order) the Australasian College of Paramedicine, the Australian Paramedics Association (NSW), the Australian Paramedics Association (Qld), Natural Hazards Research Australia, NSW Rural Fire Service Association and the NSW SES Volunteers Association. I am responsible for the content in this post including any errors or omissions. Any opinions expressed are mine, and do not necessarily reflect the opinion or understanding of the donors.

This blog is a general discussion of legal principles only.  It is not legal advice. Do not rely on the information here to make decisions regarding your legal position or to make decisions that affect your legal rights or responsibilities. For advice on your particular circumstances always consult an admitted legal practitioner in your state or territory.