NSW COVID-frontline paramedics win the right for paid overtime

In a test case that will have ramifications for all paramedics, NSW’s COVID-frontline workforce has won the right for paid overtime.

The state’s hardworking paramedics have won the right for paid overtime after a test case that exposed “dodgy” rostering by NSW Ambulance.

It has taken 18 months and a court hearing for the paramedic at the centre of the case, Richard Duddy, to be paid what he was owed for working three extra shifts at Morisset Ambulance Station.

The Industrial Relations Commission has today ordered NSW Ambulance to pay him $2635.87 plus interest of $356 for the extra 36.75 hours he worked in October 2018 and recommended they sort out their rostering practices.

In a case that will have ramifications for all paramedics, Mr Duddy had to pursue a small claims case after NSW Ambulance refused to accept a recommendation by Commissioner John Murphy that they pay up.

The mistake happened when Mr Duddy returned to work from leave and was put on a different nine-week roster cycle.

NSW’s hardworking paramedics have been in the frontline during the COVID pandemic.

Commissioner John Murphy said before the Australian Paramedics Association took on Mr Duddy’s case, it had been the practice that when an officer returned from annual leave and worked additional shifts because of their roster, they were not paid overtime.

When an officer returned to work and worked fewer shifts because of the roster cycle, conversely they were still paid as if they had worked their normal roster of shifts.

NSW Ambulance’s Industrial Relations Specialist, John Papas, had described it “the longstanding practice of swings and roundabouts on pay averaging”.

Intensive Care paramedics seen operating new medical devices in a simulation. Picture: NCA NewsWire / Gaye Gerard

But Mr Murphy said there was no reference to any such “longstanding practise” in the paramedics’ award.

Mr Duddy had worked an additional three shifts of 12.25 hours each during the last 3 weeks of the roster cycle than he would have worked had he been on the correct roster cycle.

The Australian Paramedics Association said he was entitled to be paid at overtime rates for the additional three shifts that he worked and told the commission that it “cannot accept there is no compensation for our members’ work, especially in this deliberate nature.”

Commissioner Murphy also recommended that NSW Ambulance should consider how to resolve other such claims that are made by the paramedic directly or through the unions.

Over the period of the nine week roster cycle at Morisset Ambulance Station, paramedics would normally be rostered to work a total of 342 ordinary hours or an average of 38 hours per week, the commission was told.

“It is abhorrent that hard-working paramedics be denied the basic right to be paid for the work we do,” APA (NSW) president Chris Kastelan, said outside the commission..

No employer should be able to play games with rosters to make you work unpaid shifts.

“Our dogged pursuit of this case over two years represents our union’s broader campaign to ensure that no paramedic is underpaid for the important work they do.

“Any paramedic who believes they have been underpaid due to dodgy rostering practices by NSW Ambulance should contact APA (NSW) immediately.”