Crown Employees (NSW Fire Brigades
Firefighting Staff) Award 2005
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW Fire
Brigades.
(No. IRC 1210 of 2006)
|
Before Mr Deputy
President Grayson
|
11 April 2006
|
VARIATION
1. Delete the
definition of "Firefighter" appearing in clause 4, Definitions, of
the award published 8 July 2005 (352 I.G. 270), and insert in lieu thereof the
following:
"Firefighter" means an employee classified as a
Recruit, Firefighter (Levels 1 to 3 inclusive), Qualified Firefighter, Senior
Firefighter or Leading Firefighter.
2. Insert in
alphabetical order in the said clause 4, the following the new definition:
"Minor Aerial Appliance" means a firefighting
vehicle equipped with a motorised boom and/or ladder extension with a reach of
up to and including 18 metres.
3. Delete the
definition of "Operational firefighter" appearing in the said clause
4, and insert in lieu thereof the following:
"Operational Firefighter" means a firefighter
classified as one of the following: Recruit Firefighter; Firefighter Level 1;
Firefighter Level 2; Firefighter Level 3; Qualified Firefighter; Senior
Firefighter; Leading Firefighter; Station Officer; or Inspector.
4. Delete subclauses
6.6 and 6.7 of clause 6, Rates of Pay and Allowances, and insert in lieu
thereof the following:
6.6 Except as
provided for in this subclause, or in subclause 6.7, in addition to the rates
of pay prescribed in Tables 1.1 to 1.3 & 2.1 to 2.3 of Part D, employees,
where applicable, shall be paid:
6.6.1 An amount not
exceeding that set by Item 1 of Table 3 of Part D, for all reasonable laundry
expenses incurred by an employee who performs duty on a temporary basis outside
the GSA. Accounts for such laundry
expenses are to be submitted when a claim is made.
6.6.2 The Kilometre
Allowance set at Item 2 of Table 3 of Part D, per kilometre:
6.6.2.1 for
Firefighters who perform a "Stand By" and who are required to use
their private vehicle to perform such "Stand By". The distance shall be the agreed distance
or, if the return distance travelled by the employee from the station at which
duty commenced to the station at which the "Stand By" is performed is
not contained in the Matrices, the actual distance necessarily and reasonably
travelled; and
6.6.2.2 for
Operational Firefighters who travel between stations pursuant to Clause 12,
Relieving Provisions; and
6.6.2.3 for
Officers who are required to use their own vehicle to attend an incident whilst
off duty.
6.6.3 The Major Aerial
Allowance set at Item 3 of Table 3 of Part D, per week, for Firefighters who
are qualified to operate a Major Aerial Appliance and who are attached to a
station with this equipment.
6.6.4 The Minor Aerial
Allowance set at Item 4 of Table 3 of Part D, per week, for Firefighters and
Officers who are qualified to operate a Minor Aerial Appliance and who are
attached to a station with this equipment.
6.6.5 The BA/Hazmat
Allowance set at Item 5 of Table 3 of Part D, per week, for Firefighters and
Officers who are qualified for and attached to the BA/Hazmat sections at
Sydney, Newcastle or Wollongong.
6.6.6 The Hazmat
Support Allowance set at Item 6 of Table 3 of Part D, per week, for Firefighters
who are qualified to operate the Hazardous Materials appliance at Berkeley
Vale, and who are attached to that station.
6.6.7 The
Communications Allowance set at Item 7 of Table 3 of Part D, per week, for
Firefighters who are qualified for and attached to the Communications sections
at Sydney, Katoomba, Newcastle or Wollongong, which shall be paid for all
purposes.
6.6.8 The
Communications Allowance set at Item 8 of Table 3 of Part D, per week, for
Officers who are qualified for and attached to the Communications sections at
Sydney, Katoomba, Newcastle or Wollongong, which shall be paid for all
purposes.
6.6.9 The
Communications Allowance set at Item 9 of Table 3 of Part D, per week, for
Senior Officers who are qualified for and attached to the Communications
section at Sydney, which shall be paid for all purposes.
6.6.10 The Country
Allowance set at Item 10 of Table 3 of Part D for Officers and Senior Officers
who are attached to a station or workplace located outside the GSA and outside
the areas specified in subclause 28.2.2 and 28A.2.2 of this Award, which shall
be paid for all purposes.
6.6.11 The Remote Area
Allowance set at Item 11 of Table 3 of Part D, per week, for Firefighters and
Officers who work at Broken Hill or Moree, which shall be paid for all
purposes.
6.6.12 The Rescue
Allowance set at Item 12 of Table 3 of Part D for Firefighters and Officers who
are recognised as qualified rescue operators by the State Rescue Board and who
are attached to a Primary or Secondary Rescue station.
6.6.13 The Service
Allowance set at Item 13 of Table 3 of Part D for Firefighters who have
completed the requisite period of employment as a Firefighter.
6.7 Exceptions,
Explanations and Method of Adjustment
6.7.1 The allowances
set at subclauses 6.6.3 to 6.6.13 (inclusive) shall not be payable to the
occupants of Operational Support positions.
6.7.2 The allowances
set at subclauses 6.6.3 to 6.6.13 (inclusive) shall be paid in full, regardless
of the number of shifts actually worked by the employee within that week.
6.7.3 The term
"attached to" within this Clause shall include employees who are
permanently assigned to the relevant station or section, Relieving Employees
whose base station is the relevant station or section and who are performing duty
at some other location, Relieving Employees with base stations elsewhere who
are performing duty at the relevant station or section, employees who are
permanently assigned to the relevant station or section but who are performing
an Outduty at some other location, employees who are permanently assigned
elsewhere but who are performing an Outduty at the relevant station or section
but subject to subclauses 6.6.7, 6.6.8, 6.6.9, 6.6.10 and 6.6.11 shall not
include employees who perform duty at the relevant station or section pursuant
to Clause 9, Overtime.
6.7.4 The allowances
set at subclause 6.6.13 shall in future be adjusted by firstly calculating the
increase for 5-10 years service to the nearest cent to arrive at a new base
rate and then doubling that new base rate to arrive at the new 10-15 years
service amount and tripling that new base rate to arrive at the new 15-plus
years service amount.
5. Delete the
reference "Item 23" appearing in subclause 9.7, of clause 9,
Overtime, and insert in lieu thereof the following:
Item 2
6. Delete the
reference "Item 6" where ever appearing in clause 10, Meals and
Refreshments, and insert in lieu thereof the following:
Item 15
7. Delete the
reference "Item 5" where ever appearing in the said clause 10, and insert
in lieu thereof the following:
Item 14
8. Delete the
reference "Item 7" where ever appearing clause 12, Relieving
Provisions, and insert in lieu thereof the following:
Item 16
9. Delete the
reference "Item 4" where ever appearing in the said clause 12, and
insert in lieu thereof the following:
Item 2
10. Delete the
reference "subclause 6.6.2" appearing in subclause 12.20, of the said
clause 12, and insert in lieu thereof the following:
subparagraph 6.6.2.1
11. Delete
subclauses 13.3, 13.4 and 13.5, of clause 13, Progression and Promotion
Provisions, and insert in lieu thereof the following:
13.3 Recruit
Firefighters shall be on probation until they have progressed to Firefighter
Level 1, or for a period of six months, whichever is the lesser. Progression
from Recruit Firefighter to Firefighter Level 1 shall be subject to the
satisfactory completion of Certificate 3 (Firefighting and Emergency
Operations) undertaken at the NSW Fire Brigades Training College.
Firefighter Level 1 to Firefighter Level 2
13.4 Progression to
Firefighter Level 2 shall be subject to twenty four (24) months service from
the date of commencement as a Recruit Firefighter and to the satisfactory
completion of the training and/or training competencies specified, by the Commissioner
on the advice of the Training Review Committee, for progression to Firefighter
Level 2.
Firefighter Level 2 to Qualified Firefighter
13.5 Progression to
Qualified Firefighter shall be subject to thirty six (36) months service from
the date of commencement as a Recruit Firefighter and to the satisfactory
completion of the training and/or training competencies specified, by the
Commissioner on the advice of the Training Review Committee, for progression to
Qualified Firefighter.
Firefighter Level 3 to Qualified Firefighter
13.5a Progression from
Firefighter Level 3 to Qualified Firefighter shall be subject to the
satisfactory completion of the training and/or training competencies specified,
by the Commissioner on the advice of the Training Review Committee, for
progression to Qualified Firefighter.
12. Delete
paragraph 13.6.2, of the said clause 13, and insert in lieu thereof the
following:
13.6.2 Subject to
subclauses 13.6.3 and 13.6.4, the reference to "reasonable time" in
subclause 13.6.1 means a period in excess of thirty six (36) months. The excess time to be allowed shall be
determined by the Commissioner after taking into account all the circumstances
of the case of the employee concerned.
13.6.3 In the case of
firefighters from Recruit classes 5/02 to 8/03 (inclusive), the reference to
"reasonable time" in subclause 13.6.1 means a period in excess of
forty eight (48) months. The excess
time to be allowed shall be determined by the Commissioner after taking into
account all the circumstances of the case of the employee concerned and matter
number 1531 of 2006.
13.6.4 In the case of
firefighters from Recruit classes 1/02 to 4/02 (inclusive), the reference to
"reasonable time" in subclause 13.6.1 means a period in excess of
fifty one (51) months. The excess time
to be allowed shall be determined by the Commissioner after taking into account
all the circumstances of the case of the employee concerned and matter number
1531 of 2006.
13. Delete
subclause 13.7, of the said clause 13, and insert in lieu thereof the
following:
Qualified Firefighter to Senior Firefighter
13.7 Progression
from Qualified Firefighter to Senior Firefighter shall be subject to a minimum
of seventy two (72) months service from the date of commencement as a Recruit
Firefighter and to the satisfactory completion of the training and/or training
competencies specified, by the Commissioner on the advice of the Training
Review Committee, for progression to Senior Firefighter.
14. Delete
subclause 14.8, of clause 14, Operational Support Positions, and insert in lieu
thereof the following:
14.8 An occupant of
an Operational Support position who has not completed a minimum period of
service required by Clause 13 for promotion prior to taking up that position
shall not be eligible for promotion until they satisfy the requirements of this
subclause.
14.8.1 Length
of service for the occupants of Operational Support positions shall for the
purposes of Clause 13 (only) be determined by firstly calculating the total
time spent from the date of an employee’s promotion to their current
substantive rank to the present day, secondly deducting the total time spent by
the employee in an Operational Support position since that promotion and
thirdly, then adding any additional time accrued under subclauses 14.8.2 and
14.8.3.
14.8.2 For
one half of one year, or less, spent in an operational support position to
count as service for the purpose of clause 13, employees must be reassigned and
attached to a fire station for one block of at least 28 days where they shall
perform the firefighting duties associated with their substantive rank.
14.8.3 For
any period in excess of one half of one year, up to one entire year spent in an
operational support position to count as service for the purpose of clause 13,
employees must be reassigned and attached to a fire station for two separate
blocks of at least 28 days each or alternatively, one block of at least 56 days
where they shall perform the firefighting duties associated with their
substantive rank.
14.8.4 For
the purposes of this Clause, "year" shall mean the 12 month period
from the date (or subsequent anniversary date) of the employee’s appointment to
that Operational Support position.
14.8.5 Notwithstanding
the provisions of subclause 14.8.1, all time spent in an Operational Support
position prior to 1 January 2005 shall count as service for the purposes of
Clause 13.
15. Delete the
reference "Item 25" appearing in subparagraph 25.2.8.4 of clause 25,
Court Attendance Entitlements, and insert in lieu thereof the following:
Item 17
16. Delete
subclause 30.2, of clause 30, Rental of Premises, and insert in lieu thereof
the following:
30.2 Except as
provided for in subclauses 30.3, 30.4 and 30.5, where an employee is required
to and does occupy accommodation, the Department shall deduct from the rate of
pay of the employee concerned an amount per week equal to 4% of the employee’s
total weekly rate per week as prescribed in Tables 1.1 to 1.3, Rates of Pay, or
50% of the market rental of the accommodation, whichever is the lesser.
17. Delete the
reference "Item 24" where ever appearing in paragraph 30.3.1 of
clause 30, Rental of Premises, and insert in lieu thereof the following:
Item 18
18. Delete
subclause 47.2, of clause 47, Rental of Premises, and insert in lieu thereof
the following:
47.2 Except as
provided for in subclause 47.4, where an Executive Officer is required to and
does occupy accommodation, the Department shall deduct from the rate of pay of
the Executive Officer an amount per week equal to 4% of the weekly equivalent
of the Executive Officer’s annual salary as prescribed in Tables 1.1 to 1.3 of
Part D or 50% of the market rental of the accommodation, whichever is the
lesser.
19. Delete Tables
1.2 and 1.3, of Part D, Monetary Rates, and insert in lieu thereof the
following:
Table 1.2 - Rates
of Pay effective from the beginning of the first pay period to commence on or
after 24 February 2006 (4% Increase)
|
Classification
|
Rate
|
Roster
|
Total
|
|
|
of Pay
|
Allowance
|
Weekly Rate
|
|
|
$
|
$
|
$
|
|
Recruit Firefighter
|
843.99
|
0.00
|
843.99
|
|
Firefighter Level 1
|
937.78
|
41.03
|
978.81
|
|
Firefighter Level 2
|
989.88
|
43.31
|
1,033.19
|
|
Firefighter Level 3
|
1,041.98
|
45.59
|
1,087.57
|
|
Qualified Firefighter
|
1,041.98
|
45.59
|
1,087.57
|
|
Senior Firefighter
|
1,083.68
|
47.41
|
1,131.09
|
|
Leading Firefighter
|
1,167.04
|
51.06
|
1,218.10
|
|
Station Officer Level 1
|
1,250.33
|
54.70
|
1,305.03
|
|
Station Officer Level 2
|
1,302.51
|
56.98
|
1,359.49
|
|
Inspector
|
1,548.98
|
67.77
|
1,616.75
|
|
Superintendent
|
105,883 per annum
|
|
Chief Superintendent Level 1
|
109,576 per annum
|
|
Chief Superintendent Level 2
|
114,401 per annum
|
Table 1.3 - Rates
of Pay effective from the beginning of the first pay period to commence on or
after 24 February 2007 (4% Increase)
|
Classification
|
Rate
|
Roster
|
Total
|
|
|
of Pay
|
Allowance
|
Weekly
|
|
|
|
|
Rate
|
|
Recruit Firefighter
|
877.75
|
0.00
|
877.75
|
|
Firefighter Level 1
|
975.29
|
42.67
|
1,017.96
|
|
Firefighter Level 2
|
1,029.48
|
45.04
|
1,074.52
|
|
Firefighter Level 3
|
1,083.66
|
47.41
|
1,131.07
|
|
Qualified Firefighter
|
1,083.66
|
47.41
|
1,131.07
|
|
Senior Firefighter
|
1,127.03
|
49.31
|
1,176.34
|
|
Leading Firefighter
|
1,213.72
|
53.10
|
1,266.82
|
|
Station Officer Level 1
|
1,300.34
|
56.89
|
1,357.23
|
|
Station Officer Level 2
|
1,354.61
|
59.26
|
1,413.87
|
|
Inspector
|
1,610.94
|
70.48
|
1,681.42
|
|
Superintendent
|
110,118 per annum
|
|
Chief Superintendent Level 1
|
113,959 per annum
|
|
Chief Superintendent Level 2
|
118,977 per annum
|
20. Delete Table 3
- Allowances, of Part D, Monetary Rates, and insert in lieu thereof the
following:
Table 3 -
Allowances
The following allowances are effective from the beginning of
the first pay period to commence on or after the date shown
|
Item
|
Clause
|
Description
|
Unit
|
Amount
|
Amount
|
Amount
|
|
|
|
|
|
25/11/05
|
24/02/06
|
24/02/07
|
|
|
|
|
$
|
$
|
$
|
$
|
|
1
|
6.6.1
|
Laundry expenses
|
per week
|
26.49
|
27.55
|
28.65
|
|
2
|
6.6.2
|
|
|
|
|
|
|
|
9.7
|
Kilometre Allowance
|
per km
|
0.86
|
0.89
|
0.93
|
|
|
12.7
|
|
|
|
|
|
|
3
|
6.6.3
|
Major Aerial Allowance
|
per week
|
40.00
|
41.60
|
43.26
|
|
4
|
6.6.4
|
Minor Aerial Allowance
|
per week
|
15.00
|
15.60
|
16.22
|
|
5
|
6.6.5
|
BA/Hazmat Allowance
|
per week
|
80.00
|
83.20
|
86.53
|
|
6
|
6.6.6
|
Hazmat Support Allowance
|
per week
|
16.00
|
16.64
|
17.31
|
|
7
|
6.6.7
|
Communications Allowance,
|
per week
|
124.38
|
129.36
|
134.53
|
|
|
|
Firefighters
|
|
|
|
|
|
8
|
6.6.8
|
Communications Allowance, Officers
|
per week
|
134.88
|
140.27
|
145.88
|
|
9
|
6.6.9
|
Communications Allowance, Senior
|
per week
|
157.19
|
163.48
|
170.02
|
|
|
|
Officers
|
|
|
|
|
|
10
|
6.6.10
|
Country Allowance
|
per week
|
5.41
|
5.63
|
5.86
|
|
11
|
6.6.11
|
Remote Area Allowance
|
per week
|
20.79
|
21.62
|
22.48
|
|
12
|
6.6.12
|
Rescue Allowance
|
per week
|
34.76
|
36.15
|
37.60
|
|
13
|
6.6.13
|
Service Allowance
|
per week
|
|
|
|
|
|
|
5 years or more, but less than 10 years
|
|
3.22
|
3.35
|
3.48
|
|
|
|
10 years or more, but less than 15 years
|
|
6.44
|
6.70
|
6.96
|
|
|
|
15 years or more
|
|
9.66
|
10.05
|
10.44
|
|
14
|
10.2.2
|
Meal Allowance
|
per meal
|
21.10
|
21.10
|
21.10
|
|
15
|
10.2.1&
|
Refreshment Allowance
|
per meal
|
10.55
|
10.55
|
10.55
|
|
|
10.3.1.2
|
|
|
|
|
|
|
16
|
12.6
|
Relieving Allowance
|
per
|
23.00
|
23.92
|
24.88
|
|
|
|
|
rostered
|
|
|
|
|
|
|
|
shift
|
|
|
|
|
17
|
25.2.8.4
|
Court Attendance Stand-By Rate
|
|
|
|
|
|
|
|
Periods of less than 24 hours
|
|
10.75
|
11.18
|
11.63
|
|
|
|
Periods of 24 hours
|
|
16.12
|
16.76
|
17.43
|
|
18
|
30.3.1
|
Accommodation contribution
|
per week
|
27.50
|
28.60
|
29.70
|
Note: The amounts specified per rostered shift in Table
3 are based on the 10/14 Roster and use an average of 12 hours per shift. In
cases where employees work an 8 hour shift, the rates shall be correspondingly
reduced by dividing the figures shown by 1.5.
21. This variation
shall take effect on and from 6 March 2006.
J.
P. GRAYSON
D.P.
____________________
Printed by
the authority of the Industrial Registrar.