Crown Employees (NSW Fire Brigades Retained Firefighting Staff) INTERIM Award 2008

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by New South Wales Fire Brigade Employees Union, Industrial Organisation of Employees.

 

(No. IRC 231 of 2008)

 

 

AWARD

 

PART A

 

1.  Arrangement

 

PART A

 

Clause No.       Subject Matter

 

1.        Arrangement

2.        Rates of Pay and Allowances

3.        Salary Packaging Arrangements, including Salary Sacrifice to Superannuation

4.        Dispute Settlement Procedure

5.        Anti-Discrimination

6.        Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

2.  Rates of Pay and Allowances

 

(i)       The rates of pay under this Award are payable to employees employed in one of the classifications covered by the Crown Employees (NSW Fire Brigades Retained Firefighting Staff) Award 2005.

 

(ii)       The rates of pay are prescribed in Part B, Monetary Rates, of this Award.

 

(iii)      The rates of pay prescribed in Part B of this Award reflect the rates of pay effective from the beginning of the first full pay period to commence on or after 1 April 2008, including a 2.5% increase to rates of pay contained in the Crown Employees (NSW Fire Brigades Retained Firefighting Staff) Award 2005.

 

(iv)      The following allowances in the Crown Employees (NSW Fire Brigades Retained Firefighting Staff) Award 2005 are subject to adjustment in line with the rates of pay increases in subclause (iii) of this clause:

 

Kilometre Allowance

 

Standby Rate

 

Royal Easter Show

 

3.  Salary Packaging Arrangements, Including Salary Sacrifice to Superannuation

 

(i)       The entitlement to salary package in accordance with this clause is available to permanent full-time employees.

 

(ii)       For the purposes of this clause:

 

(a)      "salary" means the salary or rate of pay prescribed for the employee's classification by clause 2, Rates of Pay and Allowances, Part B of this Award, and any other payment that can be salary packaged in accordance with Australian taxation law.

 

(b)      "post compulsory deduction salary" means the amount of salary available to be packaged after payroll deductions required by legislation or order have been taken into account. Such payroll deductions may include, but are not limited to, taxes, compulsory superannuation payments, HECS payments, child support payments, and judgement debtor/garnishee orders.

 

(iii)      By mutual agreement with the Commissioner, an employee may elect to package a part or all of their post compulsory deduction salary in order to obtain:

 

(a)      a benefit or benefits selected from those approved by the DPE; and

 

(b)      an amount equal to the difference between the employee’s salary, and the amount specified by the DPE for the benefit provided to or in respect of the employee in accordance with such agreement.

 

(iv)      An election to salary package must be made prior to the commencement of the period of service to which the earnings relate.

 

(v)      The agreement shall be known as a Salary Packaging Agreement.

 

(vi)      Except in accordance with subclause (vii) of this Clause, a Salary Packaging Agreement shall be recorded in writing and shall be for a period of time as mutually agreed between the employee and the Commissioner at the time of signing the Salary Packaging Agreement.

 

(vii)     Where an employee makes an election to sacrifice a part or all of their post compulsory deduction salary as additional employer superannuation contributions, the employee may elect to have the amount sacrificed:

 

(a)      paid into the superannuation fund established under the First State Superannuation Act 1992; or

 

(b)      where the Department is making compulsory employer superannuation contributions to another complying superannuation fund, paid into the same complying fund; or

 

(c)      subject to the Department’s agreement, paid into another complying superannuation fund.

 

(viii)    Where the employee makes an election to salary sacrifice, the Department shall pay the amount of post compulsory deduction salary, the subject of election, to the relevant superannuation fund.

 

(ix)      Where the employee makes an election to salary package and where the employee is a member of a superannuation scheme established under the:

 

(a)      Police Regulation (Superannuation) Act 1906;

 

(b)      Superannuation Act 1916;

 

(c)      State Authorities Superannuation Act 1987; or

 

(d)      State Authorities Non-contributory Superannuation Act 1987,

 

the Department must ensure that the employee’s superable salary for the purposes of the above Acts, as notified to the SAS Trustee Corporation, is calculated as if the Salary Packaging Agreement had not been entered into.

 

(x)      Where the Employee Makes an Election to Salary Package, and Where the Employee is a Member of a Superannuation Fund Other Than a Fund Established under Legislation Listed in Subclause (Ix) of This Clause, the Department Must Continue to Base Contributions to that Fund on the Salary Payable as If the Salary Packaging Agreement Had Not Been Entered Into.  This Clause Applies Even Though the Superannuation Contributions Made By the Department May be in Excess of Superannuation Guarantee Requirements After the Salary Packaging is Implemented.

 

(xi)      Where the employee makes an election to salary package:

 

(a)      subject to Australian Taxation law, the amount of salary packaged will reduce the salary subject to appropriate PAYG taxation deductions by the amount packaged; and

 

(b)      any allowance, penalty rate, payment for unused leave entitlements, weekly worker’s compensation or other payment, other than any payments for leave taken in service, to which an employee is entitled under this Award or any applicable Award, Act or statute which is expressed to be determined by reference to the employee’s rate of pay, shall be calculated by reference to the rate of pay which would have applied to the employee under clause 2, Rates of Pay and Allowances, or Part B of this Award if the Salary Packaging Agreement had not been entered into.

 

(xii)     The DPE may vary the range and type of benefits available from time to time following discussion with the Union.  Such variations shall apply to any existing or future Salary Packaging Agreement from date of such variation.

 

(xiii)    The DPE will determine from time to time the value of the benefits provided following discussion with the Union.  Such variations shall apply to any existing or future Salary Packaging Agreement from the date of such variation.  In this circumstance, the employee may elect to terminate the Salary Packaging Agreement.

 

4.  Disputes Settlement Procedures

 

(i)       Subject to the provisions of the Industrial Relations Act 1996, and to enable claims, issues and disputes to be resolved while work proceeds normally, the following procedures are to apply.

 

(ii)       Employee(s) and/or Union representatives will place the matter before the immediate supervisor.  The immediate supervisor will take all reasonable steps to reply to the employee(s) and/or Union representatives as soon as possible, and will at least provide a progress report before the close of ordinary business on the next working day.

 

(iii)      Failing agreement, employee(s) and/or Union representatives will place the claim, issue or dispute before the next higher officer in charge of the relevant zone or region.  That officer will take all reasonable steps to reply to the employee(s) and/or Union representatives as soon as possible, and will at least provide a progress report before the close of ordinary business on the next working day.

 

(iv)      Failing agreement, employee(s) and/or Union representatives will place the claim, issue or dispute before the Director Human Resources.  The Director Human Resources will take all reasonable steps to reply to the employee(s) and/or Union representatives as soon as possible, and will at least provide a progress report before the close of ordinary business on the next working day.

 

(v)      Failing agreement, employee(s) and/or Union representatives will place the claim, issue or dispute before the Commissioner.  The claim, issue or dispute and all relevant circumstances relating to it will be fully reviewed by the Commissioner and the Union and all reasonable steps shall be taken in an attempt to resolve the matter.

 

(vi)      No action is to be taken by the Union which would affect the Department's operations whilst a dispute is under investigation.

 

(vii)     Failing agreement the claim, issue or dispute may be referred to the appropriate Industrial Tribunal.

 

5.  Anti-Discrimination

 

(i)       It is the intention of the parties bound by this Award to seek to achieve the object in 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

(ii)       It follows that in fulfilling their obligations under the Disputes Avoidance Procedures prescribed by Clause 4 of this Award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this Award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the Award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

(iii)      Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

(iv)      Nothing in this Clause is taken to affect:

 

(a)      any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)      offering or providing junior rates of pay to persons under 21 years of age;

 

(c)      any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(d)      a party to this Award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

(v)      This Clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this Clause.

 

6.  Area, Incidence and Duration

 

(i)       This Award shall operate in conjunction with, and apply to employees employed in the classifications covered by, the Crown Employees (NSW Fire Brigades Retained Firefighting Staff) Award 2005. Except as otherwise provided in this Award, employees shall be entitled to and observe the conditions of employment provided in the Crown Employees (NSW Fire Brigades Retained Firefighting Staff) Award 2005.

 

(ii)       This Award shall take effect on and from the beginning of the first full pay period to commence on or after 1 April 2008 and shall remain in force until 1 October 2008.

 

PART B

 

The rates of pay and relevant allowances under this Award are payable to employees employed in the classifications covered by the Crown Employees (NSW Fire Brigades Retained Firefighting Staff) Award 2005.  The tables and clauses referred to in Part B of this Award correspond to the tables and clauses in the Crown Employees (NSW Fire Brigades Retained Firefighting Staff) Award 2005.

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

Clause No.	Description	Code	On & From 1 April 2008
			$
6.3	Monthly Retainer	A	210.70
	Captain A
6.3	Monthly Retainer	B	190.10
	Captain B
	Deputy Captain A
6.3	Monthly Retainer	C	142.90
	Deputy Captain B
6.3	Monthly Retainer	D	108.50
	Firefighter A
6.3	Monthly Retainer	E	81.20
	Firefighter B
6.3	Monthly Retainer	F	54.30
	Firefighter C
6.3	1st Hour	G	28.83
	Captain
6.3	1st Hour	H	24.98
	Deputy Captain
	Firefighter Levels A,B,C
6.3	Each Subsequent	I	14.42
	half hour or part
	Captain
6.3	Each Subsequent	J	12.49
	half hour or part
	Deputy Captain
	Firefighter
	Levels A,B,C
9.1.1,	Kilometre Allowance	K	0.95
9.2.1,
9.3.1 & 9.4.1
6.8	Stand By Rate	L	55.53
	per hour
6.8.1.1	Royal Easter Show Captain per hour	O	44.36
6.8.1.2	Royal Easter Show Deputy Captain	P	38.43
	Firefighter
	Levels A,B,C per hour

 

 

 

 

T. M. KAVANAGH J

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.