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PostHeaderIcon Some Answers to Frequently Asked Questions

Written by EMSPA (NSW) Inc. Executive Committee |
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Do I have legal coverage for work related matters?

Absolutely. Members are covered for all work related matters where legal representation is required during the course of employment, not just after dismissal. Remember your fees simply sit in a bank account and are there to cover the costs associated with running the Association and legal fees. Go to the ?Legal Team? on our website for more information on Ffrench Commercial Lawyers.

What is EMSPA (NSW) doing right now?

Your executive committee have been working incredibly hard to get the Association up and running. We are now working around the clock to develop our member base. In the coming months, we will be conducting information sessions and perhaps the odd BBQ around the state to introduce ourselves to everyone and field questions. This will also give us a good chance simply to get to know our members and obtain an idea of state wide issues.

Some members who have submitted their applications have voiced concerns over not receiving access to the website and forum yet - rest assured that members are being given access as quickly as possible but due to the sheer number of new applications received daily some time is needed.

How will MY individual voice be heard?

Your first point of call will be your Regional Liaison Officer (RLO) for day to day issues. As far as meetings go as Paramedics, we understand that you cannot attend every meeting so we are finalising procedures to ensure that every member in every area will have their views counted. On ?big ticket? items or state wide issues, we will use secure online polling to ensure that every Paramedic has a say.

Can I be a member of both the EMSPA (NSW) Inc. and the HSU?

You certainly can. The choice to belong to more than one organisation is completely up to you.

Is EMSPA NSW industrially registered?

EMSPA NSW is not an industrially registered body. The process of industrial registration is costly and can take considerable time. EMSPA (QLD) members have decided to begin the process to research the actual benefits of this move. However they have managed to affect significant workplace change in their almost 4 years of existence in Queensland. The direction of EMSPA (NSW) will be up to the members.

However history tells us that industrial registration does not ensure that your voice is heard by the IRC. A precedent has been set whereby a private submission was completed by EMSPA members with legal support and advice and supported by the majority of staff in the Queensland Ambulance Service. Despite an objection by the Queensland Ambulance Officers registered union, the Liqour, Hospitality & Miscellaneous Union (LHMU), the full bench of the QIRC ruled that the private submission be entered into the proceedings. This move reflected poorly on the LHMU who have a duty to properly represent the best interests of Ambulance Officers in the QAS and the QIRC commented on the ?Failure by the LHMU to properly administer and conducts its affairs according to these statutory requirements would require investigation as to its continued registration?.

What are the consequences of not being industrially registered?

Firstly, EMSPA (NSW) as an association, would not be able to front at the IRC with an Award submission. However, that was never going to be our intention. We would employ an advocate to act on behalf of those making the private submission, just as the EMSPA did recently in Queensland. It just so happened that the ?advocates? were EMSPA members. The IRC are bound to consider submissions from groups of employees or ?interested parties? in an Award negotiation. With a majority we will simply have a greater opportunity to have our case included in the Award process.

Secondly, we are not bound by the IRC rules. The best example of this is the restrictions placed on our union by the IRC last year around the time of the Major Industrial Case. This would not apply to us, as we are not industrially registered. This means we can continue to lobby, rally and gain all the media and public support we can, because we are allowed to. EMSPA NSW cannot be sanctioned by the union, the government or the IRC. So essentially the Association is a free voice and able to raise any concerns on behalf of ambulance professionals. This now opens up a new era in public accountability.

What about an Award negotiation?

With a majority of staff on board, EMSPA NSW will be in an immensely powerful position. Once the Award goes into arbitration, our lawyers will make representation to the IRC, as the employed legal firm ?for the majority of employees, or interested parties in the Award negotiation?. We need to have done our homework and put together what we think is a reasonable submission to the IRC. EMSPA (QLD) are have had their submission accepted as a ?private submission? to the QIRC in their current EPA proceedings. Go to their website and have a look at their submission.

What it comes down to is this: an individual voice will not be heard in the IRC, but a collective body will be. This is why we are going to need numbers if we want OUR voice to be heard.

Also consider this information provided by our Barrister, Mr John Sheply. New Federal laws will come into play late this year or early next year whereby a lot of IR issues will move to the Commonwealth arena. These new laws will allow ?an individual to appoint any agent as a bargaining agent?. This is not set in concrete yet but we are monitoring this to determine how it will effect EMSPA Inc. Nationally.

Am I covered by any Professional Indemnity Insurance if I am a member of EMSPA (NSW) Inc.?

Our employer, ASNSW, via the Ambulance Services Act, provides indemnity insurance to cover its employees during the execution of their duties so long as the execution of duty remains within set protocol and procedure. Furthermore, the Health Services Act also provides indemnity insurance to all identified health workers during the execution of their duty.

Both insurance coverage?s are part of one?s employment conditions provided by the employer and are therefore free of charge to the employees. Any additional insurance is just that, additional and could be deemed unnecessary.

Legal advice on this matter from Mr. Andrew Frieberg, EMSPA (NSW) Inc. Lawyer has stated?..
?It is apparent that section 671 of the Health Services Act covers employees and volunteers of the Service from liability, so there would be no need to hold Professional Indemnity Insurance. Obviously, if the act done by the employee or volunteer is either criminal conduct or grossly negligent then this section may not apply.

Furthermore, under common law an employer such as the Service is held vicariously liable for the actions of its employees, except where the action of the employee is criminal conduct or grossly negligent."

Who do I contact if I have a workplace related issue which I am unable to resolve by myself?

Your first contact point would be your RLO (Regional Liaison Officer) who covers your area. RLO contact information can be found on the website under the ?Contacts? tab. Your RLO will be able to provide information and assistance as to how to, in the first instance, resolve your issue at a local level. Failing that your RLO will liaise with the states Snr RLO and formulate a plan to resolve your matter at the next level.

I am unable to contact the RLO for my area. Can I contact another RLO for assistance?

Most certainly. All RLO?s will provide a standard level of assistance to all members throughout the state. Once your area RLO is available you may be referred back to that person or the RLO handling you matter may continue with you to maintain continuity. If you have difficulties contacting any RLO the Snr RLO can be contacted via email and will ensure assistance and advice is provided.

If I require legal assistance for a work related matter will I need to seek my own legal representation?

As a member of EMSPA (NSW) Inc. you will be provided the opportunity to have your matter evaluated by our legal team (at no cost to you), who will advise on the best legal approach to handle your matter in the first instance. So long as your matter is covered by the Rules and By-Laws of the Association you will be provided legal assistance. If it is deemed by our legal team you require specialised legal assistance the matter will be discussed with you by the Executive Committee to determine the best course of action.

There seems to be a delay. I have not yet received my Membership Pack or my Membership Card. Am I covered by the Association?

Yes, you are covered from the moment we process your initial Application Form. If you have not received any communiqu? from the Association within 4 weeks via email or salary deductions of subscription fees have not commenced within 2 pay periods, please contact us via the generic email address on the website. This e-mail address is being protected from spambots. You need JavaScript enabled to view it

I can?t see any deduction on my payslip for EMSPA. Are deductions coming out of my salary? Am I financial?

You will find your $15 subscription fees will be currently listed under ?Savings? in the deduction column on your payslip. If you do not have any $15 deduction listed wait until the next pay period as your Form 151 ?Authority to Deduct? may have missed the current pay cycle. Do not wait more than 2 pay periods.

EMSPA (NSW) Inc. is currently awaiting a decision from the CEO on having EMSPA listed on payslips.

Please contact the Treasurer and inform him of the delay. You will be covered as a member from the time your Application is processed but you may be liable for back fees if more than 2 pay periods in arrears. This e-mail address is being protected from spambots. You need JavaScript enabled to view it

I am concerned about joining the Forum on the EMSPA (NSW) Inc. website. How do I know only Paramedics are on the site?

The website has been built by the administrator using powerful security protocols to cross reference selected individual data from more than one server database to ensure only those who have been provided access under our ?eligibility? criteria are able to enter the forum section of the site. A redundancy has been incorporated to ensure that if cross matching is incomplete access is terminated. Also note that not just Paramedics will have access to the Forum/Chat area of the site, PTO and EMD staff will also have access as we are one workforce.

Further security protocols have been incorporated and already tested for our future online Polls and Voting ensuring that all members are correctly indentified and provide one eligible poll or vote each.
Remember, like your ATM pin number, the security of the site is only as good as the protection members place on their password! If you give out your password you are undermining the security of your own Forum area.

I have been approached by a person from the media. Can I give them some information on our new Association?

The Executive Committee has elected three (3) persons only to liaise with ALL media outlets. This is to ensure accuracy and continuity of all outgoing information for use in the public domain. ALL requests for public comment are to be referred to either the President, Secretary or the Media Liaison Officer of EMSPA (NSW) Inc. Contact details are available via the ?Contact Us? page.

I don?t have a private email address only my work email address. Can I use my work email address as my primary contact?

We encourage all members to provide a private email address through either their own ISP or through one of the many free public email providers as a primary contact. This will ensure, you as a member will receive updates, correspondence and have access to polling and voting to our website.

ASNSW fully own their IT Network and as such have the legal right to monitor, block or suspend users who have access to that network. EMSPA (NSW) Inc. has developed a policy to provide information to all members without compromising access for any member to their workplace email/intranet.

Finally, we have received calls and emails pledging support from across the state. For those who have supported us we send a big THANK YOU! We also ask for your patience during this early phase. We are undertaking enormous change for the better, not only for us, but hopefully for the Service and the public of NSW.

 

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