Crown Employees (NSW Department of Primary Industries - Forests NSW) Forestry Field Officers Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 768 of 2007)

 

 

REVIEWED AWARD

 

PART A

 

Arrangement

 

PART A

 

Clause No.         Subject Matter

 

1.         Definitions

2.         Salaries

3.         Fire Fighting

4.         Conditions of Employment

5.         Dispute and Grievance Resolution Procedures

6.         Anti-Discrimination

7.         Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

Table 2 - Other Rates and Allowances

 

1.  Definitions

 

"Officer" means and includes all persons permanently or temporarily employed under the provisions of the Public Sector Employment and Management Act 2002 who, as at the beginning of the first pay period to commence on or after the date the award is made were occupying one of the positions covered by this award or who, after that date, are appointed to one such position, but does not include any person who resigned or whose services were terminated prior to the making of this award.

 

"Service" means continuous service. Future appointees shall be deemed to have the years of service indicated by the salaries at which they are appointed.

 

"Forests NSW" is the trading name of the Forestry Commission of New South Wales.

 

"Fire Fighting" means all work involved in a fire suppression effort in which there is Forests NSW participation, from the reporting, through to reconnaissance, organisation of resources, control and mop up to completion of patrol and may involve office duty in the organisation and direction of the fire fighting effort as well as work at the fire front.

 

"Campaign Fire" means those fire situations where shift work is introduced by the Regional Manager and shall occur whenever likely involvement in fire fighting outside normal working hours is such that one or more of the officers taking part after ceasing duty and taking the prescribed rest period would not be able to resume normal duties.

 

"Duty Officer" means an officer rostered for duty associated with fire fighting organisation including monitoring lookout towers, ground or aerial patrols, receiving and passing on fire reports and other information, altering reserve resources where necessary, liaising with other organisations involved in fire protection and performing normal duties as required.

 

"Normal Working Hours" means the bandwidth hours of the flexible working hours arrangement for officers.

 

"On-Call" means the availability of an officer outside normal working hours in accordance with a roster or by direction, either at home or some other acceptable location for call-out for fire fighting or as Duty Officer, and requires that the officer shall also be available for occasional consultation by others and for acceptance of messages.

 

"Active Standby" means performing all necessary fire surveillance activities such as monitoring of lookout towers and or ground patrols and initiation of fire fighting activities as required, either from home or some other suitable location, by an officer in accordance with a roster or by direction of the Chief Executive Officer.

 

"Forester" means an officer appointed as such who has obtained a degree in Forestry in a Faculty of Science of a recognised university requiring a minimum of 4 years full-time study or an officer or a person, appointed as such, who is deemed by Forests NSW as holding equivalent qualifications.

 

"Project Forester" means an officer appointed as such who has obtained a degree in Forestry in a Faculty of Science of a recognised university requiring a minimum of 4 years full-time study or an officer or a person, appointed as such, who is deemed by Forests NSW to hold equivalent qualifications (i.e.: Diploma Forestry and 3 year Environmental degree or equivalent).

 

"Forest Assistant" means an officer appointed as such to assist Foresters in aspects of district and regional administration, management and research.

 

"Forest Assistant Grade 2" means a Forest Assistant appointed to a position approved as such.

 

"Forester Grade 1" means a Forester appointed as such and shall include a person appointed as Project Forester. This is the entry level position and the essential criteria for Forester 1 is generic.

 

"Forester Grade 2" means a Forester appointed to a position approved as such and shall include the competencies identified for the position.

 

"Forester Grade 3" means a Forester appointed to a position approved as such and who meet the competencies identified for the position.

 

"Forester Grade 4" means a Forester appointed as such and shall include a person who meets the competencies identified for the position.

 

"Forester Grade 5" means a Forester appointed as such and shall include a person appointed as Specialist Forester.

 

"Forester Grade 6" means a Forester appointed as such.

 

"Forester Grade 7" means a Forester appointed as such and shall include a person appointed as Regional Manager or equivalent management position. Promotion to all Forester positions is by open competition and merit selection.

 

2.  Salaries

 

Forest Assistants and Foresters shall receive salaries as set out in Part B, Monetary Rates, of this award.

 

3.  Fire Fighting

 

(i)         Weekends and Public Holidays - All fire fighting performed by an officer on weekends or on public holidays shall be paid in accordance with the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006.

 

(ii)        Weekdays -

 

(a)        Normal-Time necessarily occupied in fire fighting outside normal working hours on any weekday shall be paid in accordance with the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006.

 

(b)        Campaign Fires-Where a Campaign Fire has been declared, the following will apply:

 

(1)        Each rostered shift shall be of 7 hours duration and shall be broken by a meal break of at least 30 minutes.

 

(2)        Officers rostered on shift work on any weekday shall be paid the following allowances in addition to their ordinary rate:

 

Shifts commencing at or after 6am and before 10am - Nil

 

Shifts commencing at or after 10am and before 1pm-10%

 

Shifts commencing at or after 1pm and before 4pm-12.5%

 

Shifts commencing at or after 4pm and before 4am-15%

 

Shifts commencing at or after 4am and before 6am-10%

 

These allowances shall not apply to any overtime worked.

 

(3)        For work directed to be performed outside a rostered shift, officers shall be compensated in accordance with the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006.

 

(4)        The rostered shift of any officer who has been directed to work on a campaign fire shall be deemed to have commenced at the officer’s starting time on that day.

 

(5)        No officer, unless otherwise directed, shall commence a second or subsequent shift or revert to normal duty unless the opportunity for a rest period of at least 8 hours has been provided. Where work is directed to be performed within the prescribed rest period it shall be paid in accordance with subparagraph (3) above.

 

(iii)       Duty Officer - All time worked outside normal working hours by the Duty Officer shall be paid in accordance with the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006.

 

(iv)       On-Call and Active Standby-Officers required to be on-call outside normal working hours shall be compensated in accordance with the following:

 

(a)        Payment or leave in lieu at the rate of 1/3 hour for each hour on-call at the officer’s election.

 

(b)        Leave in lieu shall be cleared prior to an officer being granted recreation leave.

 

Officers required to be on active standby outside normal working hours shall be compensated in accordance with the following:

 

(a)        Payment or leave in lieu at the rate of 2/3 hour for each hour of active standby at officer’s election.

 

(b)        Leave in lieu shall be cleared prior to an officer being granted recreation leave.

 

(v)        Hours of Work -

 

(a)        Subject to this clause, officers shall work flexible working hours in accordance with Forests NSW Flexible Working Hours Agreement.

 

(b)        Officers shall be permitted to carry over a 20 hour credit from one 4 week settlement period to the following period for the duration of the statutory bush fire danger period each year.

 

(vi)       Conditions -

 

(a)        For the purposes of calculating payment for fire fighting overtime for Duty Officers and, where appropriate, for on-call or active standby, the maximum salary rate shall be the maximum rate prescribed in the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006.

 

(b)        Subject to paragraph (c) hereunder, officers who commence on-call or active standby outside normal working hours shall be compensated in terms of subclause (iv) of this clause for a minimum of 3 hours per day on-call or active standby.

 

(c)        Where an officer is on-call or on active standby and is called out to undertake Duty Officer or fire fighting duties, the 3 hour minimum referred to in paragraph (b) above shall not apply and the officer shall be compensated only for actual time worked, provided that the total entitlement, when such time so worked is combined with on-call or active standby, shall be subject to a minimum of three hours.

 

(d)        Fire fighting, Duty Officer, active standby or time spent on-call shall conform to approved Regional Fire Protection Guidelines.

 

(e)        No claim for fire fighting, Duty Officer, active standby, or time spent on-call shall be paid unless the Chief Executive Officer has certified as to its necessity. 

 

4.  Conditions of Employment

 

Conditions of employment shall be those contained in the following legislation, awards and agreements:

 

Public Sector Employment and Management Act 2002

 

Public Sector Employment and Management (General) Regulation 1996

 

Crown Employees (Transferred Employees Compensation) Award

 

Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006

 

Crown Employees (Transferred Officers Excess Rent Assistance) Agreement 1981

 

Personnel Handbook

 

Crown Employees (Public Sector - Salaries 2007) Award

 

5.  Dispute and Grievance Resolution Procedures

 

Step 1 - The officer should approach the relevant supervisor concerning their grievance (in person or in writing).

 

The officer’s supervisor should address this grievance as soon as possible.  A meeting should be held to address the issue.  This meeting must be held within one working day of receipt of notification of the grievance.

 

Timeframes should be set at this initial meeting to determine dates by which the grievance should be resolved.

 

At any point, the officer is entitled to involve union or other representation to act solely as an observer.

 

An informal attempt to resolve the matter should be made at this stage.

 

If the officer cannot approach their direct supervisor because the grievance concerns him/her, they should speak with a Branch/Regional Manager.

 

Where the grievance or dispute involves confidential or other sensitive material (including issues of harassment or discrimination under the Anti Discrimination Act 1977) that makes it impractical for the staff member to advise their immediate manager the notification may occur to the next appropriate level of management, including where required, to the Department Head or delegate.

 

Step 2 - If after the officer has referred the matter to their supervisor it is still unresolved, it can be referred to a Grievance Manager, usually the Branch or Regional Manager.

 

The officers supervisor must provide an explanation as to why the grievance has not been resolved in the decided time frame.

 

The Branch or Regional Manager must then attempt to resolve the grievance as soon as possible.  The Grievance Manager may consult with Human Resources Managers or General Managers for further assistance in resolving the matter.

 

The Grievance Manager will, with the agreement of the employee making the complaint and within 48 hours, decide on who is to fully investigate the matter and make recommendations for its resolution.

 

The investigation will involve:

 

Informing the party who is the subject of the complaint.

 

Providing this person with the opportunity to answer allegations.

 

Interviewing people who can help ascertain the facts.

 

Obtaining documentation that is necessary.

 

Identifying options for the resolution of the matter and discussing these with the parties.

 

Step 3 - If the matter is unable to be resolved by the Branch/Regional Manager it must be referred to the Divisional Manager who then becomes responsible for resolving the grievance.

 

The Human Resources Division (Head Office) must be kept informed if the matter has industrial or human resources implications.

 

The person investigating the grievance will report the facts of the matter, options for resolution and recommended options to the Grievance Manager or delegate.  With the approval of the Grievance Manager, the preferred option for resolution will be discussed with the parties, including the union delegate where involved. Any objection by the parties will be noted and taken into account by the Grievance Manager in making the final decision on the matter.

 

Step 4 - If the matter is still unresolved, it can then be directed to be resolved through direct union/management negotiations, or if the officer does not wish to have union representation, it can proceed to this level with direct employee/management negotiations.

 

Step 5 - As a last resort, the dispute can be referred to the New South Wales Industrial Relations Commission.

 

While these steps are being followed, normal work should continue unless there is a proven health and safety risk associated. If normal work cannot be continued, Human Resources Division should be contacted so that alternative work arrangements can be made.

 

Once the matter has been resolved the relevant parties will continue to monitor the environment under which the grievance occurred, for a period of time to ensure compliance with the remedy. Feedback on the process will be sought from the parties to identify where improvements can be made.

 

6.  Anti-Discrimination

 

(i)         It is the intention of the parties bound by this award to seek to achieve the object in section 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 dispute resolution procedure prescribed by 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 to be 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.

 

NOTES -

 

(a)        Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(b)        Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in this Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion".

 

7.  Area, Incidence and Duration

 

This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Forestry Field Officers (Forestry Commission of New South Wales) Award published 19 November 2004 (347 I.G. 322) and all variations thereof.

 

The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 24 July 2007.

 

The award remains in force until varied or rescinded, the period for which it was made having already expired.

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

 

Effective from the beginning of the first full pay period to commence on or after 1.7.07.

 

 

Table 2 - Other Rates and Allowances

 

 

 

 

J. P. GRAYSON  D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.