8.6 Special Roster
System
8.6.1 The Special
Roster System is a Monday to Friday day shift roster with the commencing and
ceasing times for Monday to Thursday being 0800 hours to 1630 hours,
respectively and for Friday 0800 hours to 1600 hours respectively.
8.7 Except for fire
stations operating the Standard 10/14 roster system on the date of the making
of this Award, the roster prescribed in subclause 8.3 of this clause shall not
apply to fire stations which the Department determines shall be staffed by
employees on a full‑time basis for less than 168 hours per week and by
Retained Firefighters for the balance of the week where the ordinary hours not
exceeding 40 per week shall be worked as directed by the Department from time
to time.
8.8 The average
ordinary working hours of employees holding the classification of Recruit
Firefighter shall be 40 hours per week. The rostered hours of work for Recruit
Firefighters shall be arranged so that they shall not accrue 38 hour leave. The
hourly rate of pay of an employee holding the classification of Recruit
Firefighter shall be determined by dividing the weekly rate of pay for a
Recruit Firefighter by 40.
8.9 Irrespective of
which roster is for the time being applicable, the following general conditions
shall apply:
8.9.1 In the event of
an alarm, requiring any station to stand by or respond to an incident, being
received at the station during roll call, the oncoming platoon shall, if
required, respond to the incident. The off-going platoon shall remain on duty,
if required, or until otherwise directed. Roll calls shall be conducted by the
station bell being rung two minutes before rostered time to change shift.
8.9.2 The oncoming
shift available in the station may attend roll call without any overtime
penalty being incurred, but on completion of the roll call and the
Officer-in-Charge being satisfied that there are adequate staff for the shift,
the off-going shift shall then be dismissed.
8.9.3 No employee shall
be charged with being absent from duty who misses the roll call at two minutes
in the time set for the change of shift, provided that the employee is on
station premises by the rostered time for the shift to commence. An employee
retained beyond the ceasing time of the shift shall be paid overtime.
8.9.4 If, when the
oncoming platoon reports at a station at the time prescribed for the change of
shift, the other platoon is proceeding to or attending an incident or alarm,
the oncoming platoon, if so ordered, shall after roll call, proceed to the
incident and the Officer or senior members of the platoon shall report, without
delay, the arrival of the platoon to the Officer-in-Charge of the incident. The
off-going platoon shall remain on duty at the incident until relieved.
8.9.5 The
Officer-in-Charge of the incident may, if in that Officer's judgment it is
expedient, hold both the oncoming and off-going platoons for duty at the
incident. If the off-going platoon is not held at the incident or is not
detained at the incident for duty elsewhere, it shall report back to the
station and shall remain available until the other platoon returns or until
otherwise directed, when it shall be dismissed.
8.9.6 In the event of
one or more members of the ongoing platoon being absent an equal number of
members in the platoon on duty shall be liable to be detained on duty until
such time as they may be relieved. Nothing herein contained shall be deemed to
sanction an unauthorised absence or to relieve the absent member from a
liability to be charged with being absent without leave and dealt with
accordingly.
8.10 The rosters
provide for an amount of residual leave of 7.25 hours per annum, which is to be
credited as consolidated leave, on the anniversary of the employee's date of
commencement of employment by the Department notwithstanding the provisions of
subclause 8.8.
8.11 No employee shall
be permitted to work in excess of sixteen hours straight except in the case of
a call to an incident or other emergency circumstances.
8.12 Executive
Officers
Executive Officers shall work an average of forty
ordinary hours per week on a flexible basis according to the needs of the
organisation on any day of the week or at any time of the day.
9. Overtime
9.1 Overtime shall
be paid for at the rate of time and one-half for the first two hours and at the
rate of double time thereafter, provided that an employee who is required to
work overtime shall be entitled to payment for at least 15 minutes of overtime
on each occasion that the employee is called upon to work overtime.
9.2 For meal
allowance entitlements where an employee works for more than two hours after
the rostered finishing time of the shift, see Clause 10, Meals and
Refreshments.
9.3 When it is
reasonably necessary for an employee who has returned to the station either
before or after the ceasing hour of the shift to clean up before leaving the
station, and thereby justifiably leaves the station after the ceasing hour, the
time so reasonably and necessarily occupied beyond the ceasing hour shall be
paid for as overtime; provided, however, that on return to the station the
employee draws the situation to the attention of the Officer-in-Charge of the
station and that during the next working shift applies in writing for the
overtime due under this subclause, specifying the grounds of the claim;
provided, further, that if an employee is prevented by duty or other reasonable
cause from making the claim on the next working shift the employee shall make
the claim on the next ensuing working shift.
9.4 The hourly rate
of pay for an employee for the purpose of this clause shall be ascertained by
dividing the appropriate weekly "rate of pay" for such employee by
forty.
9.5 Recall to
Incident
9.5.1 An employee who
is off duty and who is called upon, pursuant to subclause 9.5.2, to report for
duty to attend an incident shall be entitled to a minimum payment equal to two
hours at overtime rates.
9.5.2 Notwithstanding
anything elsewhere contained in this clause, in the case of an incident, all
employees off duty shall be liable to be called upon to report for duty and if
called upon shall report immediately for duty
9.5.3 An employee who
is on annual leave or long service leave and who reports for duty to attend an
incident shall, in addition to payment pursuant to subclause 9.1, be credited
with consolidated leave equal to the amount of time so worked.
9.5.4 For meal
allowance entitlements when the employee remains on duty for a period of four
hours or more in connection with a recall pursuant to subclause 9.5.1, see
Clause 10, Meals and Refreshments.
9.6 Recall to
Maintain Required Staffing Levels
9.6.1 An employee off
duty who is required to report for duty for the purpose of maintaining required
staffing levels shall, on so reporting, be entitled to a minimum payment equal
to four hours at overtime rates.
9.7 Where an
employee recalled pursuant to either subclauses 9.5.2 or 9.6.1:
9.7.1 Is required to
transport the employee's gear from the station/location at which the gear is
located to another station/location in order to perform the duties of the
recall, such employee shall be paid the Kilometre Allowance set at Item 2 of
Table 3 of Part C, for the distance travelled on the forward journey between
the two locations. In the event that the Department is unable to transport the
employee's gear back to the station/location at which the gear was located, the
employee shall also be entitled to be paid return kilometres equal to the
forward journey. For the purpose of this subclause "distance
travelled" means the agreed distance or, if the distance is not covered by
a Matrix, the actual kilometres travelled.
9.7.2 Incurs a toll as
a consequence of using a bridge, tunnel or motorway when travelling to perform
the recall, such employee shall be reimbursed for the cost of the toll.
9.8 On such nights
as may be fixed by the Department or by the Commissioner on reasonable notice
in the circumstances not exceeding two nights in any week, an employee shall
work such overtime as is reasonably necessary for usual Brigade inspections, or
for giving instructions to Retained Firefighters.
9.9 When overtime
work is necessary it shall, except in the case of an emergency, be so arranged
that employees have at least eight consecutive hours off duty between the work
of successive shifts. Where an employee works so much overtime between the
termination of the employee's ordinary work on any day or shift, and the
commencement of the employee's ordinary work on the next day or shift, that the
employee has not had at least eight consecutive hours off duty between these
times, the employee shall be released after completion of such overtime until
the employee has had eight consecutive hours off duty without loss of pay for
ordinary working time occurring during such absence.
9.9.1 If on the
direction of the employee's authorised supervisor, such employee resumes or
continues work without having had such eight consecutive hours off duty, the
employee shall be paid at the rate of double time until the employee is
released from duty for such period, and the employee shall be entitled to be
absent until the employee has had eight consecutive hours off duty without loss
of pay for ordinary working time occurring during such absence.
9.9.2 Provided that
while recalls shall be paid for at overtime rates in accordance with this
Award, where the actual total time worked on a recall or recalls is less than 3
hours it shall not count for the purpose of determining whether an employee has
had an eight hour break pursuant to this subclause.
10. Meals and
Refreshments
10.1 Attendance at an
Incident
10.1.1 For the purposes
of this clause, an "incident" also includes hazard reduction or any
similar situation where facilities comparable to those provided at fire
stations are not available to partake of a meal.
10.1.2 Where an employee
attends an incident which extends for two hours or more;
10.1.2.1 In the
GSA, Newcastle, Broken Hill, Gosford, Wyong and Wollongong Fire Districts,
refreshments shall be provided;
10.1.2.2 In all
other Fire Districts, refreshments shall be provided as soon as possible after
two hours but no later than three hours.
10.1.3 Where such an
incident extends for four hours or more, the employee shall be provided with a
substantial meal. After every subsequent four hours of attendance at such an
incident, a further substantial meal shall be provided.
10.2 Payment in Lieu
of the Provision of Refreshments/Meals
10.2.1 Where refreshments
are not provided in terms of subclause 10.1.2, the Refreshment Allowance set at
Item 16 of Table 3 of Part C, shall be paid.
10.2.2 Where meals are
not provided in terms of subclause 10.1.3, the Meal Allowance set at Item 15 of
Table 3 of Part C, shall be paid.
10.3 During Overtime
10.3.1 An employee who
works overtime which:
10.3.1.1 involves
the attendance at an incident shall be provided with refreshments/meals in
terms of subclauses 10.1.2 and 10.1.3 or the payment in lieu thereof as
prescribed in subclause 10.2;
10.3.1.2 does not
involve attendance at an incident and is not a recall for the purpose of
maintaining required staffing levels, shall, if such overtime extends for more
than two hours, be paid the Meal Allowance set out at Item 15 of Table 3 of
Part C. After every subsequent four hours of such overtime worked, the
Refreshment Allowance set out at Item 16 of Table 3 of Part C, shall be paid.
10.4 Method of Payment
and Calculation of Allowances in Lieu of Refreshments/Meals
10.4.1 The
payments referred to in this clause shall, unless the Officer-in-Charge is not
available to make such payment, be made prior to or at the cessation of the
shift or overtime as the case may be.
In cases where the Officer-in-Charge is not available to make payment,
the employee shall be paid at the earliest opportunity thereafter.
10.4.2 The
allowances referred to in this clause shall be calculated as follows:-
10.4.2.1 The Meal
Allowance at Item 15 of Table 3 of Part C, is the average, rounded to the
nearest five cents, of the amounts prescribed for the overtime meal allowances
for breakfast, lunch and dinner at Item 19 of Table 1 Part B of the Crown
Employees (Public Service Conditions of Employment) Award 2002.
10.4.2.2 The
Refreshment Allowance in Item 16 of Table 3 is half, rounded to the nearest
five cents, of the Meal Allowance in Item 15 of Table 3 of Part C.
10.4.2.3 The
amounts specified in 10.4.2.1 and 10.4.2.2 shall be re-calculated, and shall
take effect from the same date, as any adjustments made to the overtime meal
allowances for breakfast, lunch and dinner allowances in the Crown Employees
(Public Service Conditions of Employment) Award 2002.
11. Transport
11.1 Where an employee
has been rostered for duty and works from 0800 hours to 1800 hours and is
retained on overtime and ceases duty after 2000 hours and public transport or
other normal means of transport is not reasonably available, arrangements may
be made by the Department to provide transport (by taxi or otherwise) to ensure
that the employee obtains reasonable transport home.
12. Relieving
Provisions
12.1 The provisions of
this clause shall only apply to:
12.1.1 Relieving
Employees, as defined in Clause 4, when such employees work a rostered shift at
either the employee's base station/location or performs a relief duty at
another station/location; and
12.1.2 Other employees
when such employees perform an "Outduty", as defined in Clause 4.
12.2 Relieving
Employees shall be assigned to a base station/location which, as far as is
practicable having regard to the Department's operational requirements, is in
the employee's stated preferred Zone, or in the Zone closest to the employee's
residence.
12.3 Relieving
Employees shall report for duty at their base station/location unless otherwise
directed.
12.4 Subject to the
exceptions in 12.4.1, employees cannot be directed to perform relief duty
outside the Fire District to which they are attached.
12.4.1 Exceptions
12.4.1.1 Inspectors;
12.4.1.2 Relieving
Employees (pursuant to 12.1.1);
12.4.1.3 Employees
(pursuant to 12.1.2) who are placed upon a transfer register pursuant to clause
28, Transfers Outside of the GSA, and are claiming residential priority may be
directed to relieve in an area to which that transfer register applies.
12.5 Notwithstanding
the provisions of 12.4, any employee may elect to perform relief duty outside
the Fire District to which they are attached.
12.6 Relieving
Allowance
12.6.1 The Relieving
Allowance set at Item 17 of Table 3 of Part C shall be paid to:
12.6.1.1 a
Relieving Employee for each rostered shift worked by the employee at the
employee's base station and, except as provided for by subclause 12.6.2 or as
otherwise provided by this Award, for each rostered shift on which the employee
performs a relief duty at another station/location.
12.6.1.2 other
employees on each occasion, except as provided for by subclause 12.6.2 or as
otherwise provided by this Award, when such employees perform an outduty in
terms of subclause 12.1.2.
12.6.2 Unless otherwise
provided in this Award, the Relieving Allowance prescribed in subclause 12.6.1
shall not be paid to either a Relieving Employee (or other employee pursuant to
12.1.2) in cases where the employee is compensated for excess travelling time
and/or payment for travel/accommodation expenses in accordance with the
provisions of Clause 26, Travelling Compensation.
12.7 Unless
specifically provided for elsewhere in this clause, when a Relieving Employee
(or other employee pursuant to 12.1.2) is required to perform relief duty on a
rostered shift at another station/location:
12.7.1 included within a
Matrix and for which an agreed distance therefore exists, the employee shall be
entitled to, in addition to the relieving allowance, payment of the Kilometre
Allowance set out at Item 2 of Table 3 of Part C, for that agreed distance.
12.7.2 not included
within a Matrix or where the base station/location and other stations/locations
are in separate Matrices and therefore not covered by subclause 12.7.1:
12.7.2.1 with
prior notice, the employee shall be entitled to the relieving allowance payment
plus, if applicable, payment of the Kilometre Allowance set out at Item 2 of
Table 3 of Part C for any excess distance travelled. For the purposes of this
subclause, excess distance shall be any distance actually and reasonably
travelled by the employee to the relief station/location in excess of that
normally travelled by the employee to report for duty at the employee's base
station/location.
12.7.2.2 without
prior notice, the employee shall be entitled to, in addition to the relieving
allowance, payment of the Kilometre Allowance set out at Item 2 of Table 3 of
Part C, for the distance actually travelled.
12.7.2.3 the
provisions of 12.7.2.1 are to be read in conjunction with the provisions of
subclause 12.8.
12.8 If, in a
particular case, an employee considers that the presumed "no
disadvantage" envisaged in the provisions of 12.7.2.1 is in fact not the
case, the employee may submit a claim for the total compensation that the
employee considers to be reasonable in the circumstances. All such claims must
be supported with written reasons.
12.9 For the purpose
of this Clause, "distance" shall mean the agreed return distance
prescribed between two stations/locations in a Matrix. Each Matrix shall stand
alone for the purpose of calculating the relevant distance. If the distance
between two stations/locations is not prescribed in a Matrix, then
"distance" shall mean the actual distance necessarily and reasonably
travelled.
12.10 The parties
acknowledge that the majority of the distances contained in the Matrices have
been calculated using an electronic measuring device. In the event that a
discrepancy is identified, the distance in question shall first be rechecked
using the electronic measuring device. If the discrepancy still exists then the
distance in question shall be checked using, if practicable, a motor vehicle,
and if not, some other method agreed to by the Department and the Union.
12.10.1 If a
distance in the Matrices is found to be incorrect, then a new agreed distance
will be determined. Any new distance and its effective date will be published
in the next available In Orders.
12.10.2 In cases
where the corrected distance is more than that shown in the Matrices, it will
take effect from the beginning of the pay period in which the discrepancy was
first notified in writing by an employee.
12.10.3 In cases
where the revised distance is less than that contained in the Matrices, the new
distance will operate prospectively from the beginning of the first pay period
to commence on or after the date that the new distance is published in In
Orders.
12.11 Multiple Reliefs
During a Rostered Shift.
12.11.1 Where a
Relieving Employee (or other employee pursuant to 12.1.2) performs relief
duties during a rostered shift at more than one station/location, payment shall
be made for kilometres for the forward journey/journeys between the station at
which duty commenced and the subsequent station/s and between the station at
which duty ceased and the station at which duty commenced. Provided that this
provision shall not reduce any entitlement that the employee may have in
relation to commencing duty at the station at which duty commenced.
12.11.2 The
provisions of 12.11.1 shall not apply in cases where the provisions of Clause
26, Travelling Compensation, apply.
12.12 Provision of
Transport
12.12.1 Where a
Relieving Employee (or other employee pursuant to 12.1.2) is directed without
prior notice after the commencement of a rostered shift, to perform relief duty
at another station/location, the employee may request the provision of
transport by the Department.
12.12.2 Where an
employee requests the provision of transport in terms of 12.12.1, the employee
shall be entitled to the following provisions. Apart from these provisions, no other
provisions of this clause shall apply.
12.12.2.1 Payment
of the Relieving Allowance.
12.12.2.2 Except
if the employee makes an election in terms of 12.12.2.3, the employee shall be
entitled to transport back to the station/location at which duty commenced and
to travelling time as prescribed in Clause 26, Travelling Compensation, for the
time actually taken, from the completion of duty, to return to the station at
which duty commenced.
12.12.2.3 Where an
employee elects to return to the station/location after completion of duty to
the station at which duty commenced by the employee's own means, the employee
shall be entitled to be paid the Kilometre Allowance set at Item 2 of Table 3
of Part C, for half the distance prescribed in the relevant Matrix. If no
distance is prescribed, the distance shall be the actual distance necessarily
and reasonably travelled by the employee to return to the station at which duty
commenced.
12.13 Where a Relieving
Employee (or other employee pursuant to 12.1.2) incurs a toll as a consequence
of using a bridge, tunnel or motorway when travelling to perform a relief duty,
such employee shall be reimbursed for the cost of the toll.
12.14 A Relieving
Employee (or other employee pursuant to 12.1.2), who is directed to perform a
relief duty on a rostered shift at a station/location which requires the
employee to reside at a place other than the employee's residence, shall be
entitled to the relevant provisions of Clause 26, Travelling Compensation, in
lieu of the provisions of this clause.
12.15 Where a Relieving
Employee (or other employee pursuant to 12.1.2) performs a relief at a
station/location which, under normal circumstances would not require the
employee to reside at a place other than the employee's residence, but because
of special circumstances the employee is given approval by the Department for
accommodation in order to have sufficient rest before returning home, the
employee shall be entitled to the following:
12.15.1 Appropriate
accommodation provided or arranged by the Department.
12.15.2 Retention
of the Relieving Allowance.
12.15.3 With the
exception of travelling time and costs for travel, the relevant provisions of
Clause 26, Travelling Compensation.
12.15.4 The
Kilometre Allowance set at Item 2 of Table 3 of Part C, as if the employee had
not stayed in the accommodation.
12.16 The Relieving
Allowance set at Item 17 and the Kilometre Allowance set at Item 2 of Table 3
of Part C, are in compensation for excess travelling time and the cost of
excess travel to and from the station/locations at which relief duties are
performed on a rostered shift.
12.17 Performance of
Outduties.
12.17.1 An
employee cannot be directed to perform more than twelve (12) outduties in any
Calendar year.
12.17.2 Notwithstanding
the provisions of 12.17.1, an employee may elect to perform more than twelve
(12) outduties in any Calendar year.
12.18 The provisions of
this clause do not apply in cases where an employee acts up in a position
following an expression of interest pursuant to subclause 7.4.2 or where an
employee acts up as an Executive Officer, or where an employee, not being a
Relieving Employee, acts up at the employee's base station/location.
12.19 Unless
specifically provided for by this clause, the provisions of this clause and
Clause 26, Travelling Compensation, shall be mutually exclusive. That is, an
employee who is entitled to make a claim, in relation to a particular
situation, under the provisions of Clause 26, Travelling Compensation, shall
not be entitled to make any claim under the provisions of this clause, or vice
versa.
12.20 Where an employee
is required to use the employee's private vehicle to perform a "Stand
By", as defined in Clause 4, Definitions, compensation shall only be in
terms of subparagraph 6.6.2.1.
13. Progression and
Promotion Provisions
13.1 This clause
prescribes:
13.1.1 progression and
promotion provisions, and;
13.1.2 the constitution
and operation of the Training Review Committee.
Progression and Promotion Provisions
13.2 All employees
shall be required to satisfy and maintain the competencies specified, by the
Commissioner on the advice of the Training Review Committee for the
classification to which they are appointed.
Recruit Firefighter to Firefighter Level 1
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.
13.6
13.6.1 Progression to
Qualified Firefighter is a mandatory achievement required for all
Firefighters. Failure to achieve progression
to this classification within a reasonable time, will result in the employee
being considered unsuitable for continued employment in the Department, and the
employment of such an employee will be terminated accordingly. In such
circumstances, the Department will advise the Union that the services of the
employee are to be terminated.
13.6.2 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.
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.
Senior Firefighter to Leading Firefighter
13.8 Progression from
Senior Firefighter to Leading Firefighter shall be subject to: firstly; at
least three years service as a Senior Firefighter as of the date of the
relevant Pre-Entry Test; secondly, the acquisition of the necessary Station
Officer competencies specified by the Department following consultation between
the Department and the Union; and thirdly, acceptance into the coming year’s
Station Officers' Promotion Program.
13.8.1 Applications for
entry into the coming year’s Station Officers' Promotion Program shall be
called for from eligible Senior Firefighters in In Orders in July each year.
The number of positions available in that coming year’s Station Officers'
Promotion Program shall be specified in the same In Orders, and will be solely
dependent on the forward planning needs of the Department.
13.8.2 The order of merit
for entry into the Station Officers' Promotion Program shall be determined by
the level of achievement of applicants in an annual Pre-Entry Test, which shall
be held each September. This Pre-Entry Test shall consist of two components.
The first component shall be directed at assessing the current knowledge of the
applicant. This test shall be focussed on the knowledge that an eligible Senior
Firefighter should reasonably be expected to have after 9 years of service and
shall comprise 70% of the total score of the Pre-Entry Test (40%
technical/general knowledge and 30% on incident scenarios). The second component
shall focus on the knowledge and understanding of Station Officers' management
and supervision issues. This component shall be conducted by an independent
party and shall be based on pre-reading supplied to the applicants. This
component shall comprise 30% of the total score of the annual Pre-Entry Test.
13.8.3 The successful
applicants for a given year’s Station Officers' Promotion Program shall be
drawn from the top of the order of merit list referred to in subclause 13.8.2.
The Department shall accept and promote to Leading Firefighter the same number
of those applicants as there were positions advertised in accordance with
subclause 13.8.1.
Leading Firefighter to Station Officer Level 1
13.9 Promotion from
Leading Firefighter to Station Officer shall be subject to the occurrence of a
vacancy and in accordance with the following provisions:
13.9.1 Subject to the
provisions of 13.9.2, promotion to Station Officer Level 1 shall be subject to
the successful completion of the Station Officers’ Promotion Program, the
content and format of which shall be specified by the Commissioner following
consultation between the Department and the Union. The order of promotion of
Leading Firefighters who successfully complete the Station Officers’ Promotion
Program shall be determined by their placement on the order of merit list
arising from assessments forming part of that Station Officers’ Promotion
Program.
13.9.2 Leading
Firefighters who do not successfully complete their initial Station Officers'
Promotion Program shall gain automatic entry to the next subsequent Program
and, provided this second Program is successfully completed, such employees
shall take precedence in the order of promotion of that Program’s successful
participants. If a Leading Firefighter does not successfully complete the
Station Officers' Promotion Program upon this second attempt then that employee
will be returned to the classification of Senior Firefighter.
Station Officer Level 1 to Station Officer Level 2
13.10 Progression from
Station Officer Level 1 to Station Officer Level 2 shall be subject to the
completion of two years satisfactory service as a Station Officer.
Station Officer Level 2 to Inspector
13.11 Promotion from
Station Officer Level 2 to Inspector shall be subject to the occurrence of a
vacancy and the successful completion of the Inspectors’ Promotion Program, the
content and format of which shall be specified by the Commissioner following
consultation between the Department and the Union.
13.11.1 Applications
for entry into each Inspectors’ Promotion Program shall be called for from
Station Officers Level 2 in In Orders. The number of positions available in
each Inspectors’ Promotion Program shall be specified in the same In Orders,
and will be solely dependent on the forward planning needs of the Department.
13.11.2 The
order of merit for entry into each Inspectors’ Promotion Program shall be
determined by the level of achievement of applicants in a Pre-Entry Test, the
content and format of which shall be specified by the Commissioner following
consultation between the Department and the Union.
13.11.3 Subject
to the provisions of subclause 13.11.4, the successful applicants for each
Inspectors’ Promotion Program shall be drawn from the top of the order of merit
list referred to in subclause 13.11.2. The Department shall accept the same
number of those applicants to the Inspectors’ Promotion Program as there were
positions advertised in accordance with subclause 13.11.1. The order of
promotion of Station Officers Level 2 who successfully complete the Inspectors’
Promotion Program shall be determined by their placement on the order of merit
list arising from assessments forming part of the Inspectors’ Promotion
Program.
13.11.4 Station
Officers Level 2 who do not successfully complete their initial Inspectors’
Promotion Program shall gain automatic entry to next subsequent Inspectors’
Promotion Program and, provided this second Program is successfully completed,
such employees shall take precedence in the order of promotion of that
Program’s successful participants. If a Station Officer Level 2 does not
successfully complete the Inspectors’ Promotion Program upon this second
attempt then that employee will be required to undertake the Pre Entry Test as
described in sub clause 13.11.2.
Inspector to Executive Officer
13.12 Promotion from
Inspector to Chief Superintendent or Superintendent shall be determined solely
on the basis of competitive merit selection and is subject to the occurrence of
a vacancy. Selection Committees shall be constituted in accordance with the
Recruitment and Employment Guidelines and Procedures of the N.S.W. Public
Service.
General Provisions
13.13 While the
progression/promotion provisions specified in this clause refer to minimum
periods of service as one of the requirements for such progression/ promotion,
the Department and the Union acknowledge and accept that:
13.13.1 as the
competency standards/levels required by the NSW Fire Brigades are determined
and established for each classification, the requirement for minimum periods of
service may, on specification by the Commissioner following consultation
between the Department and the Union in each case, no longer apply.
13.13.2 the
competency standards/levels required by the NSW Fire Brigades for each
classification shall be those as determined from time to time by the
Commissioner on the advice of the Training Review Committee.
13.14 In all cases,
progression/promotion shall, in addition to the provisions specified for such
progression/promotion, also be subject to satisfactory service.
Training Review Committee (TRC)
13.15 The TRC shall
provide advice to the Commissioner on an effective and equitable system of
training in the NSW Fire Brigades using the principles of Competency Based Training.
13.16 The structure of
the TRC will consist of 3 representatives of the Department and 3
representatives of the Union.
13.17 The Chairperson
of the Committee will alternate every 12 months between a nominee of the
Department and the Union.
13.18 The role of the
TRC will include (but not be limited to):
13.18.1 advising
on the further development of training throughout the NSW Fire Brigades;
13.18.2 advising
on the implementation of a Competency Based Training regime throughout the NSW
Fire Brigades;
13.18.3 considering
Recognised Prior Learning (RPL) policy generally and in particular, the
consideration of individual applications for RPL.
13.19 Procedure
13.19.1 The TRC
will meet at least once every four weeks;
13.19.2 Members
who are on shift on the day of the meeting will be released from day to day
operations, except in the event of an incident or other emergency
circumstances, for the purposes of fulfilling the above roles;
13.19.3 The TRC
will be adequately resourced by the Department so that it can effectively
fulfil the above roles.
13.20 The Commissioner
is not bound to accept the advice of the TRC and may act independently of the
TRC to implement changes to training, competencies and other matters covered by
Clause 13 within the NSW Fire Brigades provided that notice of any such
decision to implement change is notified in accordance with clause 36.6 in
which case clauses 36.7 to 36.9 inclusive shall apply.
14. Operational
Support Positions
Establishment of Operational Support Positions
14.1 Operational
Support positions shall be identified and established as such by the Commissioner.
14.2 The format and
content of each Position Description referred to in subclause 14.4 shall be
determined by the Commissioner, but shall include, for each position:
14.2.1 Title;
14.2.2 Statement of
duties;
14.2.3 Essential and
desirable qualifications, which shall in all instances include a minimum
operational rank of Qualified Firefighter;
14.2.4 Hours of work,
specifying which roster is to be worked pursuant to Clause 8 of this Award; and
14.2.5 Operational
Support classification, ranging from Level 1 to Level 3, which shall be
determined by the Commissioner using the Hay job evaluation system.
14.3 Upon completion
of the evaluation, a copy of the Position Description and the evaluation will
be forwarded to the Union which may elect to provide a response within 14 days,
and the Commissioner shall take any response into account before making a final
determination.
14.4
14.4.1 A register of
established Operational Support Position Descriptions shall be maintained by
both parties. Once established, Position Descriptions may only be varied by the
Commissioner, subject to 14.2 and 14.3.
14.4.2 The Commissioner
will provide the Union with written notice of any variation to a Position
Description.
General Conditions for Operational Support Positions
14.5 Appointment to
Operational Support positions will be determined solely on the basis of
competitive merit selection and will be subject to the occurrence of a vacancy.
Selection Committees shall be constituted in accordance with the Recruitment
and Employment Guidelines of the NSW Public Service.
14.6 The rates of pay
for employees occupying Operational Support positions are as specified in Tables
2.1 to 2.5 of Part C, Monetary Rates.
14.7 Unless expressly
provided elsewhere within this Award, the general conditions of employment for
occupants of Operational Support positions shall be the same as those applying
to Operational Firefighters generally pursuant to subclauses 1.4 . and 1.5 of
this Award.
14.8 All time spent
from the commencement date of this Award by an occupant in an Operational
Support Position shall count for the minimum periods of service in each rank
pursuant to Clause 13 Progression and Promotion.
14.9 Occupants of
Operational Support positions temporarily reassigned or otherwise attending any
incident (as defined by this Award) shall revert to, and function in the
capacity of their substantive operational rank for the duration of that time.
14.10 Occupants of
Operational Support positions may at any time elect to resume duty in, and be
paid the rate for, the employees' substantive rank.
14.11 The
classification of Operational Support levels 4 and 5 were deleted on 19 September
2008 with the occupants of these positions reverting to the ranks of
Superintendent and Chief Superintendent from 19 September 2008.
14.12 Occupants of
level 4 Operational Support positions as at 19 September 2008 who revert to the
rank of Superintendent under clause 14.11 shall continue to receive the rate of
pay applicable to level 4 Operational Support positions as at 19 September 2008
indexed as shown at Table 2.5 of Part C unless and until promoted or otherwise
no longer holding that position.
15. Training and
Staff Development
15.1 Employees covered
by this Award will complete appropriate training, as specified by the Commissioner from time to time, to improve the
productivity and efficiency of the Department's operations.
15.2 The appropriate
competencies based on relevant skills and qualifications requirements as
specified by the Commissioner for each classification level, shall be
progressively implemented and shall be subject to an ongoing process of review
and evaluation.
15.3 Upon request, the
Department will consider an application by an employee to attend a course which
is appropriate, relevant and recognised by the Department but is not essential
for promotion. If approval is granted by the Department for the employee to
attend such a course, the employee shall be entitled to the provisions of
Clause 16 of this Award.
16. Training Course
Attendance Entitlements
16.1 The provisions of
this Clause shall apply to employees who participate, with Departmental
approval, in training programs, examinations or assessments conducted by, on
behalf of, or approved by the Department. For the purposes of this Clause,
references to "training" or "course" shall be taken to
include such examinations or assessments.
16.2 Accommodation
16.2.1 The Commissioner
(or delegate) shall approve appropriate accommodation for an employee, if it
can be demonstrated that an unreasonable amount of travelling time and/or
distance is involved when travelling to and from the employee's residence to
the training venue.
16.2.2 Where an employee
attends a course within the Greater Sydney Area (GSA), and if the travelling
time to and from the training venue exceeds two (2) hours each way (by the
approved mode of transport) or if the return distance from the employee's residence
to the training venue exceeds 175 kms, the employee shall be entitled to
appropriate accommodation.
16.2.3 Where Departmental
accommodation is not provided to an employee with an entitlement to
accommodation, the relevant accommodation allowance prescribed by Clause 26,
Travelling Compensation shall be paid.
16.2.4 Where it is not
possible for an employee to travel to the training venue on the first day of
the course or where the travelling time would be unreasonable to travel on the
first day of the course, the employee shall be entitled to appropriate
accommodation on the evening prior to the start of the course. If it is not
possible for an employee to travel from the training venue to his or her
residence at the conclusion of the course or if the travelling time would be
unreasonable, the employee shall be entitled to appropriate accommodation on
the evening of the last day of the course. Approval must be obtained from the
Commissioner (or delegate) prior to bookings being made.
16.2.5 Appropriate
accommodation for employees who attend courses outside the GSA shall be
determined by the Commissioner (or delegate) having regard to the above
criteria.
16.2.6 Where the training
program requires evening attendance the employee shall be granted appropriate
accommodation irrespective of the employee's work location or residential
address.
16.2.7 Notwithstanding
the above, any employee who considers that these criteria would cause undue
hardship etc. may make application for special consideration. All such
applications will be considered on their individual merits according to the
program content and the starting and completion times, on a daily basis.
16.3 Meals
16.3.1 Excluding the
Recruit Firefighters Program and Departmental training programs/courses which
are conducted at Departmental premises which have meal room facilities
comparable to those provided at fire stations, all employees attending training
programs which extend for a whole day shall be provided with morning/afternoon
tea and lunch.
16.3.2 Where employees
have been granted approval for overnight accommodation and when such
accommodation is provided by the Department, expenses reasonably and properly
incurred shall be reimbursed in accordance with Clause 26, Travelling
Compensation.
16.3.3 Employees who are
not required to accommodate themselves overnight shall, where appropriate, be
paid the relevant meal allowances prescribed by Clause 26, Travelling
Compensation.
16.3.4 Meal allowances
are not payable during times at which an accommodation allowance (as prescribed
in subclause 16.2.3 above) has been claimed. A component of the accommodation
allowance compensates for the costs associated with breakfast, lunch and
evening meals.
16.4 Incidentals
16.4.1 Employees who are
provided with Departmental accommodation shall be entitled to claim the
appropriate incidentals allowance as prescribed by Clause 26, Travelling
Compensation.
16.4.2 The incidental
allowance cannot be claimed for any day during which an accommodation allowance
referred to in subclause 16.2.3 above is paid. The incidental allowance forms a
component of the accommodation allowance and, amongst other things, recognises
the cost associated with personal telephone calls, etc.
16.5 Excess Fares
16.5.1 Any employee who
incurs additional transport costs while travelling to and from the training
venue shall be entitled to have the additional expenses reimbursed. The additional expenses will be calculated
on the basis of public transport costs.
16.5.2 Where an employee
is granted approval to utilise the employee's private vehicle in lieu of public
transport, the appropriate specified journey rate, set at Item 1 of Table 4 of
Part C, shall be paid in respect of the kilometres travelled in excess of the
employee's normal journey to and from work.
16.5.3 Where a first
class rail service (or its equivalent) is reasonably available, an employee may
utilise this service and be reimbursed for the cost of the fare.
16.6 Excess Travelling
Time
16.6.1 Employees without
an accommodation entitlement shall be entitled to compensation for excess
travelling time for each day of the course.
16.6.2 Employees who
accept accommodation shall be entitled to compensation for excess travelling
time in respect of the first forward journey to and the last journey from the
course venue. Where the course extends
beyond one (1) week, employees who return to their residences on weekends shall
be entitled to excess travelling time and excess fares for the additional
forward and return journeys.
16.6.3 Unless special
circumstances exist, employees who have an accommodation entitlement, but who
decline accommodation, shall only be entitled to compensation for excess
travelling time in respect of the first forward journey to and the last journey
from the training venue.
16.6.4 Compensation shall
be in accordance with Clause 26, Travelling Compensation.
16.7 Mode of Transport
16.7.1 Employees shall be
advised of the approved transport arrangements prior to the commencement of the
training program. Such approval shall be based on the most practical and
economic means of transport having regard to the entitlements contained in this
clause, provided that an employee cannot be directed by the Department to use
the employee's private vehicle.
16.7.2 Any employee who
wishes to use alternative means of transport may only do so with the approval
of the Commissioner (or delegate). Such approval must be obtained before travel
commences.
16.7.3 If approval is
granted to travel by an alternative means of transport any entitlements shall
be based on the arrangements approved under subclause 16.7.1.
16.8 Relieving
Allowances and Other Allowances
16.8.1 Attendance at a
training program does not in itself attract the payment of relieving
allowances. However, any employee in receipt of relieving allowances or other
allowances relating to qualifications or work performed at the time the program
commences, shall continue to be paid the allowances which would normally be
paid. Provided that such allowances shall only be paid for those days on which
the employee would normally have been rostered for duty.
16.8.2 Relieving
employees shall not be paid any additional relieving allowances as a
consequence of undertaking a training program.
16.9 Kilometre
Allowance
16.9.1 The kilometre
allowance prescribed by Clause 12, Relieving Provisions, is not payable to
employees when they attend a training program.
16.9.2 The provisions of
subclause 16.5.2 above shall apply to any employee who is granted approval to
utilise his or her private vehicle for transport to and from the training
venue.
16.10 Attendance at
Courses Whilst on Annual or Long Service Leave or Rostered Off Duty
16.10.1 Subject
to approval by the Department:
16.10.1.1 Where an
employee elects to attend a course whilst on annual leave or long service
leave, he or she will be re-credited with the appropriate leave for the hours
spent attending the training course.
16.10.1.2 Where an
employee elects to attend a course whilst rostered off duty, he or she shall be
paid at overtime rates for the hours spent attending the course.
16.10.2 Where an
employee is directed to attend a course while rostered off duty, he or she may
choose to either be paid at overtime rates or be credited with consolidated
leave for the hours spent attending the
course.
16.10.3 All
travelling time shall be compensated in accordance with Clause 26, Travelling
Compensation.
16.11 Stand Off
16.11.1 Where an
employee is required by the Department to attend a course, any necessary stand
off period shall be granted.
16.12 Payments in
Advance
16.12.1 Employees
attending a training course may, where reasonable and appropriate, elect to be
advanced the following payments:-
accommodation allowance (subclause 16.2.3)
meal allowances (subclause 16.3.3)
incidental allowances (subclause 16.4.1)
16.12.2 The
advice to employees of course arrangements shall be conveyed in writing and
include details of the Centre at which claims for advance payments should be
submitted. Submitted claims must
include a copy of the relevant approval.
16.12.3 Accommodation
allowances are only payable when approval is given for an employee to make his
or her own accommodation arrangements.
17. Annual Leave
17.1 The provisions of
subclauses 17.2 to 17.8 inclusive shall not apply to Executive Officers. The
provisions of subclauses 17.9 to 17.13 inclusive shall not apply to Operational
Firefighters. The provisions of subclauses 17.14 and 17.15 shall apply to all
employees.
17.2 Annual leave to
the extent of thirty-five consecutive days on full pay shall accrue to each
employee in respect of each completed year of service and shall be taken in
accordance with the leave roster.
17.3 Where the
commencing date of the rostered period of annual leave occurs whilst an
employee is on sick leave and does not return to duty within seven days of such
date, the employee concerned shall be entitled to elect whether to proceed
immediately on annual leave or to commence annual leave on one of the next six
succeeding Fridays.
17.4 Employees shall
be entitled to sixteen working hours annual leave, to be credited as
consolidated leave, in addition to the period of annual leave prescribed by
subclause 17.2, provided that:
17.4.1 Employees who were
members of the service as at 30 November 1975, shall become entitled to such
additional leave on each anniversary of their appointment to the service which
occurs after 30 November 1975.
17.4.2 Employees who
joined the service after 30 November 1975, shall become entitled to such
additional leave on each anniversary of their appointment to the service.
Employees Stationed at Broken Hill or Moree
17.5 Employees
stationed at Broken Hill or Moree shall, in addition to the period of
additional annual leave prescribed by subclause 17.4 be allowed sixteen working
hours additional leave of absence, provided that proof of travelling time is
furnished to the Department, and provided further that:
17.5.1 Employees
stationed at Broken Hill after 30 November 1975, and who proceed on annual
leave whilst so stationed shall become entitled to such additional leave
allowance on each anniversary of their appointment to the service which occurs
after 30 November 1975. In the case of employees stationed at Moree, such
entitlement shall commence from 24 February 2004.
17.6 Further to the
provisions of subclause 17.5:
17.6.1 As a matter of
practicality in the case of Broken Hill and Moree, because annual leave is not
taken on an annual basis, the sixteen working hours per annum should be further
converted to fourteen hours in respect of each period of annual leave so
actually taken.
17.62 If a working night
shift occurs on the roster immediately before or immediately after the period
of four weeks' leave rostered to be taken, or both before and after such
period, such night shift, or one of such night shifts at the employee's option
may be taken off duty.
17.6.3 If, however, no
night shift so occurs, but day shifts fall as the working shifts immediately
before and after the rostered annual leave period, the employee should be
allowed, optionally, to take off either one or both day shifts.
17.6.4 If the employee
elects to take off one day shift, that will be credited with four hours'
accrued annual leave, and if the employee elects to take two day shifts,
accrued annual leave will be reduced by six hours.
17.7 The taking of
annual leave is subject to Departmental requirements and, when unforeseen
circumstances arise, may be rescheduled by authority of the Commissioner.
17.8 In the event of
the termination of the employment of any employee for any cause with less than
twelve months' service from the date of the last leave accrued, the employee
shall be paid pro rata for leave for each month of service.
Executive Officers
17.9 Executive
Officers shall accrue annual leave on full pay at the rate of twenty five (25) working days per year.
17.10 Executive
Officers shall accrue annual leave from month to month only, but for the
purpose of calculating annual leave which may be due on the cessation of
employment, credit shall be given for periods of service of less than one (1)
month.
17.11 Executive
Officers may accrue annual leave up to a maximum of forty (40) working days.
Unless approved otherwise by the Commissioner, the right to take any accrued
annual leave in excess of forty (40) working days shall be forfeited.
17.12 The Commissioner
may direct an Executive Officer to take such leave as is convenient to the
workings of the Department.
17.13 Executive
Officers shall not be granted annual leave for any period of less than a
quarter day or in other than multiples of a quarter day.
17.14 Where application
is made by an employee in writing to the Commissioner that, by reasons of
special circumstances, which shall be specified, the Commissioner may
authorise, in writing, the taking of annual leave at some other time to be
determined by the Commissioner for the purpose of this Award, such leave shall
be deemed to have been taken in accordance with the leave roster.
17.15 Prior to an
employee entering upon a period of annual leave, the employee may elect to be
paid with respect of the period of leave in one of the following ways:
17.15.1 in full
when the employee commences the period of leave; or
17.15.2 at the
same time as the employee’s normal pay would have been paid if the worker had
remained on duty.
18. Compassionate
Leave
18.1 In no way
restricting the right of the Commissioner to approve leave for compassionate
reasons in other circumstances, an employee other than a casual employee, shall
be entitled to up to two shifts (or two days in the case of day workers)
compassionate leave without deduction of pay, up to and including the day of
the funeral, on each occasion of the death of a person as prescribed in
subclause 18.3 of this clause.
18.2 The employee must
notify the employer as soon as practicable of the intention to take
compassionate leave and will, if requested by the employer, provide to the
satisfaction of the employer proof of death.
18.3 Compassionate
leave shall be available to the employee in respect to the death of a person
being:
18.3.1 a
spouse of the employee; or
18.3.2 a de
facto spouse who, in relation to a person, is a person of the opposite sex to
the first mentioned person and who lives with the first mentioned person as the
husband or wife of that person on a bona fide domestic basis, although not
legally married to that person; or
18.3.3 a child
or an adult child (including an adopted child, a stepchild, a foster child or
an ex-nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
18.3.4 a same
sex partner who lives with the employee as the de facto partner of that
employee on a bona fide domestic basis; or
18.3.5 a relative
of the employee who is a member of the same household where, for the purposes
of this subclause:
18.3.5.1 "relative"
means a person related by blood, marriage or affinity;
18.3.5.2 "affinity"
means a relationship that one spouse, because of marriage, has to blood
relatives of the other; and
18.3.5.3 "household"
means a family group living in the same domestic dwelling.
18.4 An employee shall
not be entitled to compassionate leave under this clause during any period in
respect of which the employee has been granted other leave.
18.5 Compassionate
leave may be taken in conjunction with other leave available under subclauses
22.2, 22.3, 22.4 and 22.5 of the said clause 22. In determining such a request,
the employer will give consideration to the circumstances of the employee and
the reasonable operational requirements of the Department.
19. Examination and
Assessment Leave
19.1 Except as
specified otherwise by the Commissioner following consultation between the
Department and the Union, all examinations and/or assessments required for
progression or promotion shall be arranged so that they take place when the
employee is normally rostered for duty on day shift.
19.2 Where the
Department is unable to make the necessary arrangements for an employee to sit
an examination/assessment on shift as per subclause 19.1 within two months from
the date the employee makes application for assessment, the employee may make
arrangements to sit the examination/assessment externally. In such cases, employees shall be entitled
to the conditions provided for by Clause 16, Training Course Attendance
Entitlements, of this Award. The Department shall notify the employee as early
as practicable of its inability to make such necessary arrangements.
19.3 An employee sitting
for an examination or assessment as per subclause 19.1 shall be granted, prior
to the examination or assessment, such paid leave as might reasonably be
necessary for attendance at the examination or assessment, including travel.
20. Long Service Leave
20.1 Subject also to
the provisions of subclause 20.8, Long Service Leave calculated from the date
of appointment to the service shall accrue to employees in accordance with the
following entitlements:
20.1.1 After service for
ten years, leave for two months on full pay or four months on half pay.
20.1.2 After service in
excess of ten years:
20.1.2.1 Leave
pursuant to subclause 20.1.1; and
20.1.2.2 In
addition, an amount of leave proportionate to the length of service after ten
years, calculated on the basis of five months on full pay or ten months on half
pay, for ten years served after service for ten years.
20.1.2.3 Long
Service Leave shall not include annual leave.
20.2 Where the
services of an employee with at least five years but less than seven years
service are terminated by the Department for any reason other than the
employee's serious and wilful misconduct, or by the employee on account of
illness, incapacity or domestic or other pressing necessity, or by reason of
the death of the employee, the employee shall, for five years' service be
entitled to one month's leave on full pay and for service after five years to a
proportionate amount of leave on full pay calculated on the basis of three
months' leave for fifteen years' service.
20.3 In the event of
the termination of the employment of the employee other than by death, the
monetary value of Long Service Leave due, if any, shall be paid to such
employee.
20.4
20.4.1 Approval to take
Long Service Leave as provided by this clause shall, subject to the exigencies
of the Department, be granted by the Department as and when such leave becomes
due (i.e. after seven years) or any time thereafter. Provided that an employee
shall give notice, in writing, to the Department of the employee's intention to
take such leave. Such notice shall be given at least twenty days before the
date on which the employee intends to commence such leave.
20.4.2 Notwithstanding
the provisions of subclause 20.4.1, the period of notice referred to in
subclause 20.4.1 may be reduced on a case by case basis, subject to the
discretion of the Commissioner.
20.5 Approval to take
Long Service Leave may be deferred by the Commissioner due to Departmental
requirements.
20.6 Long Service
Leave may be taken in the following combinations and not otherwise:
20.6.1 In the case of
employees working the roster systems prescribed by subclauses 8.3 and 8.4 of
Clause 8, Hours of Work, in multiples of eight consecutive calendar days with a
minimum period of eight consecutive calendar days.
20.6.2 In the case of
employees working the roster systems prescribed by subclauses 8.5 and 8.6 of
Clause 8, Hours of Work, or any other roster system agreed to between the
Department and the Union based on a seven day cycle, in multiples of seven consecutive
calendar days with a minimum period of seven consecutive calendar days.
20.6.3 Where approval is
granted to take Long Service Leave on half pay the multiples and minimum
periods specified in subclauses 20.6.1 and 20.6.2 shall be doubled.
20.7 Prior to an
employee entering upon a period of Long Service Leave, the employee may elect
to be paid with respect of the period of leave in one of the following ways:
20.7.1 in full when the
employee commences the period of leave; or
at the same time as the employee’s normal pay would
have been paid if the worker had remained on duty.
20.8 Notwithstanding
anything elsewhere provided by this clause, effective on and from the date of
operation of this Award:
20.8.1 employees may
apply to take pro-rata Long Service Leave after the completion of seven (7)
years of service. Additionally employees with such service shall be entitled to
pro-rata Long Service Leave on resignation or termination.
20.8.2 employees may
apply to take a period of Long Service Leave at double pay provided that:
20.8.2.1 The
additional payment will be made as a non-superable taxable allowance payable
for the period of the absence from work.
20.8.2.2 The
employee's leave balance will be debited for the actual period of the absence
from work and an equivalent number of days as are necessary to pay the
allowance.
20.8.2.3 Other
leave entitlements, e.g., recreation leave, sick leave and Long Service Leave
will accrue at the single time rate where an employee takes Long Service Leave
at double time.
20.8.2.4 Superannuation
contributions will only be made on the basis of the actual absence from work,
i.e., at the single time rate.
20.8.2.5 Where an
employee other than an Executive Officer elects to take Long Service Leave at
double pay, the minimum & multiple periods of actual absence as prescribed
in 20.6 shall apply. Where an Executive Officer elects to take Long Service
Leave at double pay, the minimum period of actual absence should be not less
than one week.
20.8.3 where a public
holiday falls during a period of Long Service Leave the employee shall be paid
for that day and additionally it shall not be deducted from the period of the
leave.
20.8.3.1 In
respect of public holidays that fall during a period of double pay Long Service
leave an employee will not be debited in respect of the leave on a public
holiday. The employees leave balance
will however be reduced by an additional day to fund the non-superable taxable
allowance.
20.9 Entitlements to
Extended Leave (Long Service Leave) pursuant to the Public Sector Employment
and Management Act 2002 shall take effect on and from 5 October 1993,
provided that the total years of service will count for the determination of
entitlements accruing from that date.
21. Parental Leave
21.1 Definition of
Parental Leave
21.1.1 For the purposes
of this clause, parental leave is maternity leave, paternity leave or adoption
leave.
21.1.2 Maternity leave is
taken by a female employee in connection with the pregnancy or the birth of a
child of the employee. Maternity leave consists of an unbroken period of leave.
21.1.3 Paternity leave is
leave taken by a male employee who becomes a parent but is ineligible to be
granted either maternity leave or adoption leave but is to be the primary care
giver of a child or who wishes to share the child caring duties with their
partner.
21.1.4 Adoption leave is
leave taken by a female or male employee in connection with the adoption by the
employee of a child under the age of five (5) years (other than a child who has
previously lived continuously with the employee for a period of at least six
(6) months or who is a child or step-child of the employee or of the employee's
spouse).
21.1.5 For the purposes
of this clause, "spouse" includes a de facto spouse and a former
spouse.
21.2 Entitlement to
Parental Leave
21.2.1 An
employee is entitled to parental leave, as provided by this clause, in
connection with the birth or adoption of a child.
21.2.2 Maternity
Leave - all female employees who do not have the necessary service as
prescribed in subclause 21.3.1 for paid Maternity Leave, shall be entitled to
unpaid maternity leave of up to fourteen (14) weeks before the expected date of
birth of the child.
21.2.3 Paid
Maternity Leave may be granted to a female employee subject to the following
conditions -
21.2.3.1 The
female employee has applied for Maternity Leave within such time and in such
manner as herein set out; and
21.2.3.2 Before
the expected date of birth has completed not less than forty (40) weeks' continuous
service. Paid Maternity Leave shall be for a period of fourteen (14) weeks at
full pay or twenty-eight (28) weeks at half pay from the date Maternity Leave
commences.
In addition to the unpaid or paid Maternity leave
referred to in 21.2.2 & 21.2.3.2 respectively, all female employees shall
be entitled to a further period of unpaid Maternity leave, provided that the
total period of absence on Maternity leave shall not exceed sixty-one (61)
weeks.
The period over which Annual and/or Long Service Leave
combined with unpaid Maternity Leave, shall not exceed a total period of two
years from the date of birth of the child.
21.2.4 Short
Adoption Leave is an unbroken period of fourteen (14) weeks of unpaid leave,
taken by an employee who does not have the necessary service for paid Adoption
Leave as prescribed in subclause 21.3.1, from the time of placement of the
child.
21.2.5 Paid
Adoption Leave may be granted to an employee adopting a child subject to the
following conditions:
21.2.5.1 The
employee has applied for Adoption Leave within such time and in such manner as
herein set out; and
21.2.5.2 Before
the commencement of Adoption Leave the employee has completed not less than
forty (40) weeks' continuous service.
21.2.5.3 The
employee is to be the primary care giver of the child.
Paid Adoption Leave shall be for a period of fourteen
(14) weeks at full pay or twenty-eight (28) weeks at half pay of Adoption Leave
or the period of Adoption Leave taken, whichever is the lesser period.
In addition to the unpaid or paid Adoption leave
referred to in 21.2.4 & 21.2.5 of this subclause respectively, all
employees shall be entitled to a further period of unpaid Adoption leave,
provided that the total period of absence on Adoption leave shall not exceed sixty-one
(61) weeks.
21.2.6 Paternity
Leave is a period of up to a maximum of fifty-two (52) weeks of either unpaid
or a combination of paid and unpaid parental leave taken from the date of birth
of the child, or other termination of the pregnancy. Application for such leave
must be made within such time and in such manner as herein set out. Paternity
leave shall consist of -
21.2.6.1 an
unbroken period of up to one (1) week unpaid leave (short paternity leave) at
the time of the birth of the child, or other termination of the pregnancy
an unbroken period of up to one (1) week on full pay or
two (2) weeks on half pay at the time of the birth of the child, or other
termination of the pregnancy provided that at such time the employee has
completed not less than forty (40) weeks continuous service
21.2.6.2 In
addition to the unpaid or paid Paternity leave referred to in 21.2.6.1, all
male employees shall be entitled to a further period of unpaid Paternity leave
in order to be the primary care-giver of the child (extended paternity leave),
provided that the total period of absence on Paternity leave shall not exceed
fifty-two (52) weeks.
21.2.7 Except
as provided for in subclause 21.2.3 and 21.2.5, Parental Leave shall not extend
beyond a period of 1 year after the child was born or adopted.
21.3 Length of service
for eligibility
21.3.1 A
female employee is entitled to paid maternity leave or, in the case of both
male and female employees, paid paternity or adoption leave only if the
employee has had at least 40 weeks' continuous service.
21.3.2 There
is no minimum period of employment for eligibility for unpaid parental leave.
21.3.3 Continuous
service is service under one or more unbroken contracts of employment,
including:
21.3.3.1 any
period of authorised leave or absence, and
21.3.3.2 any
period of part-time work.
21.3.3.3 full or
part time service within the Public Service or within a Public Sector
organisation listed in the schedules attached to the Transferred Officers
Extended Leave Act 1961 and in appendices A and B contained in the
Personnel Handbook published by the DPE.
21.4 Notices and
Documents required to be given to Commissioner
21.4.1 Maternity
leave
The notices and documents to be given to the
Commissioner for the purposes of taking maternity leave are as follows:
21.4.1.1 The
female employee should give at least 8 weeks' written or oral notice of the
intention to take the leave (unless it is not reasonably practicable to do so
in the circumstances),
21.4.1.2 The
female employee must, at least 4 weeks before proceeding on leave, give written
notice of the dates on which the employee proposes to start and end the period
of leave,
21.4.1.3 The
female employee must, before the start of leave, provide a certificate from a
medical practitioner confirming that the employee is pregnant and the expected
date of birth.
21.4.2 Paternity
leave
The notices and documents to be given to the
Commissioner for the purposes of taking paternity leave are as follows:
21.4.2.1 In the
case of extended paternity leave, the employee should give at least 10 weeks
written or oral notice of the intention to take the leave (unless it is not
reasonably practicable to do so in the circumstances),
21.4.2.2 The
employee must, at least 4 weeks before proceeding on leave, give notice of the
dates on which the employee proposes to start and end the period of leave,
21.4.2.3 The
employee must, before the start of leave, provide a certificate from a medical
practitioner confirming that the employee's spouse is pregnant and the expected
date of birth,
21.4.2.4 In the
case of extended paternity leave, the employee must, before the start of leave,
provide a statutory declaration by the employee stating:
21.4.2.4.1 any
period of maternity leave sought or taken by his spouse, and
21.4.2.4.2 that he
is seeking that period of extended paternity leave to become the primary
care-giver of a child.
21.4.3 Adoption
leave
The notices and documents to be given to the
Commissioner for the purposes of taking adoption leave are as follows:
21.4.3.1 In the
case of extended adoption leave, the employee should give written or oral
notice of any approval or other decision to adopt a child at least 10 weeks
before the expected date of placement (unless it is not reasonably practicable
to do so in the circumstances),
21.4.3.2 The
employee must give written notice of the dates on which the employee proposes
to start and end the period of leave, as soon as practicable after the employee
is notified of the expected date of placement of the child but at least 14 days
before proceeding on leave,
21.4.3.3 The
employee must, before the start of leave, provide a statement from an adoption
agency or another appropriate body of the expected date of placement of the
child with the employee for adoption purposes,
21.4.3.4 In the
case of extended adoption leave, the employee must, before the start of leave,
provide a statutory declaration by the employee stating:
21.4.3.4.1 any
period of adoption leave sought or taken by his or her spouse, and
21.4.3.4.2 that the
employee is seeking that period of extended adoption leave to become the
primary care-giver of a child.
21.4.4 An
employee does not fail to comply with this clause if the failure was caused by:
21.4.4.1 the
child being born (or the pregnancy otherwise terminating) before the expected
date of birth, or
21.4.4.2 the
child being placed for adoption before the expected date of placement, or
21.4.4.3 other
compelling circumstances.
In the case of the birth of a living child, notice of
the period of leave is to be given within two (2) weeks after the birth and the
certificate of the medical practitioner is to state that the child was born and
the date of birth. In the case of the adoption of a child, notice of the period
of leave is to be given within two (2) weeks after the placement of the child.
21.4.5 An
employee must notify the Commissioner of any change in the information provided
under this clause within two (2) weeks after the change.
21.4.6 If
required by the Commissioner, an employee who applies for Parental Leave is to
give the Commissioner a statutory declaration, or enter into an agreement with
the Commissioner, that for the period of the leave the employee will not engage
in any conduct inconsistent with the employee's contract of employment.
21.5 Continuity of
service
Parental leave does not break an employee's continuity
of service, but subject to subclauses 21.5.1, 21.5.2 and 21.5.3, is not to be
taken into account in calculating an employee's period of service for any other
purposes.
21.5.1 Any
period of paid Adoption, paid Maternity or paid Paternity Leave shall count as
full service for the purposes of determining progression either within a
classification or from one classification to another. However, unpaid Parental
Leave shall not count as service for determining such progression.
21.5.2 Adoption
Leave on full pay, Maternity Leave at full pay and Paternity Leave at full pay
shall count as full service for the purposes of determining all forms of leave.
21.5.3 Unpaid
Parental Leave shall not count as service for determining any form of leave
entitlement, except for Long Service Leave (Extended Leave) in cases where at
least ten (10) years of service has been completed and unpaid Parental Leave
does not exceed six (6) months.
21.6 Simultaneous
taking of Parental Leave
Subject to subclause 21.20.1.1, Parental Leave is to be
available to only one parent at a time, in a single unbroken period, except
that both parents may simultaneously take:
21.6.1 For
maternity and paternity leave, an unbroken period of up to one week at the time
of the birth of the child;
21.6.2 For
adoption leave, an unbroken period of up to three weeks at the time of the
placement of the child.
21.7 Cancellation of
Parental Leave
21.7.1 Before
starting leave
Parental leave applied for but not commenced is
automatically cancelled if:
21.7.1.1 the
employee withdraws the application for leave by written notice to the
Commissioner, or
21.7.1.2 the
pregnancy concerned terminates other than by the birth of a living child or the
placement of the child concerned does not proceed.
21.7.2 After
starting leave
If:
21.7.2.1 the
pregnancy of the employee or the employee's spouse terminates other than by the
birth of a living child while the employee or spouse is on parental leave,
provided:
21.7.2.1.1 if a
child is still-born the female employee may elect to take available sick leave
or maternity leave;
21.7.2.1.2 in the
event of a miscarriage any absence from work is to be covered by the current
sick leave provisions; or
21.7.2.2 the
child in respect of whom an employee is then on parental leave dies, or
21.7.2.3 the
placement of a child for adoption purposes with an employee then on adoption
leave does not proceed or continue,
the employee is entitled to resume work at a time
nominated by the Commissioner within 2 weeks after the date on which the
employee gives the Commissioner a notice in writing stating that the employee
intends to resume work and the reason for the intended resumption.
21.7.3 This
provisions of subclause 21.7 do not affect an employee's entitlement to special
maternity leave or special adoption leave.
21.8 Parental Leave
and other Leave
21.8.1 An
employee may take any annual leave, long service leave (extended leave) or
consolidated leave to which the employee is entitled instead of or in
conjunction with parental leave.
21.8.2 However,
the total period of leave cannot be so extended beyond the maximum period of
parental leave authorised by this clause.
21.8.3 The
maximum period of parental leave authorised by this clause is reduced by any
period of paid sick leave taken by the employee while on maternity leave.
21.8.4 Any
paid absence authorised by law or by an award, enterprise agreement or contract
of employment is not available to an employee on parental leave, except if the
paid absence is:
21.8.4.1 annual
leave, long service leave (extended leave) or consolidated leave, or
21.8.4.2 in the
case of maternity leave - sick leave.
21.9 Employee and
Commissioner may agree to interruption of parental leave by return to work
21.9.1 An employee on
parental leave may, with the agreement of the Commissioner, break the period of
leave by returning to work for the Department, provided that:
21.9.1.1 A female
employee who gives birth to a living child shall not resume duty until six (6)
weeks after the birth of the child unless special arrangements for early return
are made at the request of the female employee and supported by a certificate
from a qualified medical practitioner;
21.9.1.2 A female
employee who has returned to full-time duty after less than her full
entitlement to maternity leave, shall be entitled to revert to maternity leave
either on a full-time or part-time basis if she so elects. This election may be
exercised only once and a minimum of four (4) weeks notice (or less if
acceptable to the Commissioner) of her intention to resume maternity leave must
be given.
21.9.2 The period of
leave cannot be extended by such a return to work beyond the maximum period of
leave authorised by this clause.
21.10 Extension of
period of Parental Leave
21.10.1 An
employee may extend the period of parental leave once only by giving the
Commissioner notice in writing of the extended period at least fourteen (14)
days before the start of the extended period. The period of leave cannot be
extended by such a notice beyond the maximum period of leave authorised by this
clause.
21.10.2 Subject
to the provisions of subclause 21.20, an employee may extend the period of
parental leave at any time with the agreement of the Commissioner. The period
of leave can be extended by such an agreement beyond the maximum period of
leave authorised by this clause.
21.10.3 This
section applies to an extension of leave while the employee is on leave or
before the employee commences leave.
21.11 Shortening of
period of Parental Leave
An employee may shorten the period of parental leave
with the agreement of the Commissioner and by giving the Commissioner notice in
writing of the shortened period at least fourteen (14) days before the leave is
to come to an end.
21.12 Return to work
after Parental Leave
21.12.1 An
employee returning to work after a period of parental leave is entitled to be
employed in:
21.12.1.1 the
classification (if possible, at the same location) held by the employee
immediately before proceeding on that leave, or
21.12.1.2 if the
employee was transferred to a safe job before proceeding on maternity leave -
the classification (if possible, at the same location) held immediately before
the transfer.
21.12.2 If the
classification no longer exists but there are other classifications available
that the employee is qualified for and is capable of performing, the employee
is entitled to be employed in a classification as comparable as possible in status
and pay to that of the employee's former classification.
21.12.3 The
provisions of subclause 21.12 extend to a female employee returning to work
after a period of Special maternity leave and sick leave.
21.13 Payment
21.13.1 Payment
for the fourteen (14) weeks on full pay or twenty-eight (28) weeks on half pay
paid Maternity Leave may be made -
21.13.1.1 in
advance in a lump sum; or
21.13.1.2 on a
normal fortnightly basis, and shall be at the same hourly rate as the rate paid
for other forms of paid leave, and may include payment of a higher duties
allowance if the employee;
21.13.1.2.1 has acted
in the higher position for a period in excess of one year; and
21.13.1.2.2 the
period of higher duties relief continues up to the day prior to the employee's
departure on maternity leave; and
21.13.1.2.3 the
higher duties relief is at the full difference in pay.
21.13.2 Payment
to eligible employees for the fourteen (14) weeks on full pay or twenty-eight
(28) weeks on half pay paid Adoption Leave may be made -
21.13.2.1 in
advance in a lump sum; or
21.13.2.2 on a
normal fortnightly basis.
21.14 Commissioner's
Obligations
21.14.1 Information
to Employees
On becoming aware that an employee (or an employee's
spouse) is pregnant, or that an employee is adopting a child, the Commissioner
must inform the employee of:
21.14.1.1 the
employee's entitlements to parental leave under this clause, and
21.14.1.2 the
employee's obligations to notify the Commissioner of any matter under this
clause.
21.14.2 Records
The Commissioner must keep, for at least six (6) years,
a record of parental leave granted under this clause to employees and all
notices and documents given under this clause by employees or the Commissioner.
21.15 Termination of
Employment because of Pregnancy etc
21.15.1 The
Commissioner must not terminate the employment of an employee because:
21.15.1.1 the
employee is pregnant or has applied to adopt a child, or
21.15.1.2 the
employee has given birth to a child or has adopted a child, or
21.15.1.3 the
employee has applied for, or is absent on, parental leave,
but otherwise the rights of the Commissioner in
relation to termination of employment are not affected by this clause.
21.15.2 For the
purposes of establishing such a termination of employment, it is sufficient if
it is established that the alleged reason for termination was a substantial and
operative reason for termination.
21.15.3 This
clause does not affect any other rights of a dismissed employee.
21.16 Replacement
employees
21.16.1 A
replacement employee is a person who is specifically employed as a result of an
employee proceeding on parental leave (including as a replacement for an
employee who has been temporarily promoted or transferred in order to replace
the employee proceeding on parental leave).
21.16.2 Before a
replacement employee is employed, the Commissioner must inform the person of
the temporary nature of the employment and of the rights of the employee on
parental leave to return to work.
21.16.3 A
reference in this clause to an employee proceeding on leave includes a
reference to a pregnant employee exercising a right to be transferred to a safe
job.
21.17 Transfer to a
Safe Job
21.17.1 This
subclause applies whenever the present work of a female employee is, because of
her pregnancy or breastfeeding, a risk to the health or safety of the employee
or of her unborn or new born child. The assessment of such a risk is to be made
on the basis of a medical certificate supplied by the employee and of the
obligations of the Commissioner under the Occupational Health and Safety Act
2000.
21.17.2 The
Commissioner is to temporarily adjust the employee's working conditions or
hours of work to avoid exposure to risk as follows -
21.17.2.1 Where a
female employee is confirmed pregnant she is to notify the Regional Commander
or Officer-in-Charge as soon as possible who will, in turn, direct that she be
withdrawn from operational firefighting duties;
21.17.2.2
21.17.2.2.1 The
standard issue uniform is to be worn by members until the pregnancy becomes
apparent prior to the birth and from the tenth week, if practicable, following
the birth.
21.17.2.2.2 Employees
will be provided with a maternity uniform for use when appropriate.
21.17.2.3 An
employee on maternity leave who gives birth to a living child shall not resume
operational firefighting duties until thirteen (13) weeks have elapsed after
the birth of the child unless a special request for early return is made by the
employee supported by a medical certificate from a qualified medical
practitioner, subsequently endorsed by the Department's occupational physician.
21.17.2.4 Duties
other than fire fighting may be undertaken after six (6) weeks following the
birth of the child, if endorsed by the occupational physician.
21.17.2.5
21.17.2.5.1 Upon
withdrawal from operational firefighting duties alternate work of a suitable
nature is to be provided.
21.17.2.5.2 Allocation
of duties will be determined by the Department following consultation between
the Department's Occupational Health Physician, the employee's
Officer-in-Charge and the employee.
21.17.3 If such
an adjustment is not feasible or cannot reasonably be required to be made, the
Commissioner is to transfer the employee to other work where she will not be
exposed to that risk.
21.17.4 If such
a transfer is not feasible or cannot reasonably be required to be made, the
Commissioner is to grant the employee maternity leave under this clause (or any
available paid sick leave) for as long as is necessary to avoid exposure to
that risk, as certified by a medical practitioner.
21.18 Special Maternity
Leave and Sick Leave
If the pregnancy of an employee not then on maternity
leave terminates before the expected date of birth (other than by the birth of
a living child) or she suffers illness related to her pregnancy:
21.18.1 the
employee is entitled to such period of unpaid leave (to be known as special
maternity leave) as a medical practitioner certifies to be necessary before her
return to work, or
21.18.2 the
employee is entitled to such paid sick leave (either instead of or in addition
to special maternity leave) as she is then entitled to and as a medical
practitioner certifies to be necessary before her return to work.
21.19 Special Adoption
Leave
An employee who is seeking to adopt a child is entitled
to up to two (2) days unpaid leave if the employee requires that leave to
attend compulsory interviews or examinations as part of the adoption procedure.
This leave may also be granted from a credit of Consolidated leave.
21.20 Right to request
21.20.1 An
employee entitled to parental leave may request the employer to allow the
employee:
21.20.1.1 to
extend the period of simultaneous parental leave up to a maximum of eight
weeks;
21.20.1.2 to
extend the period of unpaid parental leave for a further continuous period of
leave not exceeding 12 months;
to assist the employee in reconciling work and parental
responsibilities.
21.20.2 The
employer shall consider the request having regard to the employee’s
circumstances and, provided the request is genuinely based on the employee’s
parental responsibilities, may only refuse the request on reasonable grounds
related to the effect on the workplace or the employer’s business.
21.20.3 Employee’s
request and the employer’s decision to be in writing:
The employee’s request and the employer’s decision made
under 21.20.1.1 and 21.20.1.2 must be recorded in writing.
21.21 Communication
during parental leave
21.21.1 Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the employer shall take
reasonable steps to:
21.21.1.1 make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
21.21.1.2 provide
an opportunity for the employee to discuss any significant effect the change
will have on the status or responsibility level of the position the employee
held before commencing parental leave.
21.21.2 The
employee shall take reasonable steps to inform the employer about any
significant matter that will affect the employee’s decision regarding the
duration of parental leave to be taken and whether the employee intends to
return to work.
21.21.3 The
employee shall also notify the employer of changes of address or other contact
details which might affect the employer’s capacity to comply with paragraph
21.21.1.
22. Personal/Carer's
Leave
22.1 Use of Sick Leave
-
22.1.1 An employee, other
than a casual employee, with responsibilities in relation to a class of person
set out in subclause 22.1.3.2, who needs the employee's care and support shall
be entitled to use, in accordance with this clause, any current or accrued sick
leave entitlement, provided for at Clause 23 of this Award, for absences to
provide care and support for such persons when they are ill. Such leave may be taken for part of a single
day.
22.1.2 The employee
shall, if required, establish, by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person. In normal circumstances an
employee must not take carer's leave under this clause where another person has
taken leave to care for the same person.
22.1.3 The entitlement to
use sick leave in accordance with this clause is subject to:
22.1.3.1 the
employee being responsible for the care of the person concerned; and
22.1.3.2 the
person concerned being:
22.1.3.2.1 a spouse
of the employee; or
22.1.3.2.2 a de
facto spouse who, in relation to a person, is a person of the opposite sex to
the first mentioned person and who lives with the first mentioned person as the
husband or wife of that person on a bona fide domestic basis, although not
legally married to that person; or
22.1.3.2.3 a child
or an adult child (including an adopted child, a stepchild, a foster child or
an ex-nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
22.1.3.2.4 a same
sex partner who lives with the employee as the de facto partner of that
employee on a bona fide domestic basis; or
22.1.3.2.5 a
relative of the employee who is a member of the same household where, for the
purposes of this subclause:
22.1.3.2.5.1 "relative"
means a person related by blood, marriage or affinity;
22.1.3.2.5.2 "affinity"
means a relationship that one spouse, because of marriage, has to blood relatives
of the other; and
22.1.3.2.5.3 "household"
means a family group living in the same domestic dwelling.
22.1.4 An employee shall,
wherever practicable, give the Department notice, prior to the absence, of the
intention to take leave, the name of the person requiring care and their
relationship to the employee, the reasons for taking such leave and the
estimated length of absence. If it is not practicable for the employee to give
prior notice of absence, the employee shall notify the Department by telephone
of such absence at the first opportunity on the day of absence.
22.2 Unpaid Leave for
Family Purpose -
22.2.1 An employee may
elect, with the consent of the Department, to take unpaid leave for the purpose
of providing care and support to a class of person, as set out in subclause
22.1.3.2, who is ill.
22.3 Annual Leave -
22.3.1 An employee may
elect, with the consent of the Department, subject to the Annual Holidays
Act 1944, to take annual leave not exceeding five (5) days in any calendar
year at a time or times agreed upon by the Department and the Union.
22.4 Time Off in Lieu
of Payment for Overtime -
22.4.1 An employee may
elect, with the consent of the Department, to take time off in lieu of payment
for overtime at a time or times agreed upon with the Department within twelve
(12) months of the said election.
22.4.2 Overtime taken as
time off during ordinary-time hours shall be taken at the ordinary-time rate,
that is, an hour for each hour worked.
22.4.3 If having elected
to take time as leave, in accordance with subclause 22.4.1 above, the leave is
not taken for whatever reason, payment for time accrued at overtime rates shall
be made at the expiry of the (twelve) 12 month period or on termination.
22.4.4 Where no election
is made in accordance with subclause 22.4.1, the employee shall be paid their
overtime in accordance with this Award.
22.5 Make-up Time -
22.5.1 An employee may
elect, with the consent of the Department, to work "make-up time",
under which the employee takes time off ordinary hours and works those hours at
a later time during the spread of ordinary hours provided in this Award, at the
ordinary rate of pay.
22.5.2 An employee on
shift work may elect, with the consent of the Department, to work "make-up
time", under which the employee takes time off ordinary hours and works
those hours at a later time, at the shift work rate which would have been
applicable to the hours taken off.
23. Sick Leave
23.1 The management of
sick leave by the Department will be underpinned by an Attendance Management
System that seeks to support employees in maintaining their health and
recovering from illness or incapacity, and ensuring that sick leave is used
only for legitimate purposes.
23.2 In every case of
illness or incapacity sustained by an employee whilst off duty, the following
conditions shall apply.
23.3 Such employee
shall, as soon as practicable, inform their immediate supervisor of such
inability to attend for duty and, as far as possible, shall state the estimated
duration of their absence.
23.4 Subject to the
provisions of subclause 23.8, such employee shall forward to their immediate
supervisor, a medical certificate stating the nature of the illness or
incapacity and, if known, the date the employee is fit to resume duty. If a
medical certificate does not specify the date the employee is fit to resume
duty, the employee must, before being entitled to resume duty, furnish a
further medical certificate to the effect that the employee has recovered from
the illness or incapacity and is fit for duty, unless the employer dispenses
with this requirement.
23.5 If so required,
such employee shall submit to examination by the Department's medical officer.
23.6 Every employee
who is absent from duty for a period of more than twenty-eight days shall be
examined by the Department's medical officer or a medical officer nominated by
the Department and must be certified by such medical officer as fit for duty
prior to being permitted to resume duty. An employee who is required to attend
the Department's medical officer or nominated medical officer shall be
reimbursed any out of pocket expenses reasonably and necessarily incurred. The
Department shall meet the cost of any such consultation.
23.7 The granting of
sick leave, the duration thereof and the pay, if any, for the same shall be on
the following basis:
23.7.1 One hundred and
forty-four hours on full pay in any one year.
2.7.2 Effective 17
February 1997, the sick leave prescribed in 23.7.1 shall be fully cumulative
less any sick leave taken.
23.7.3 Sick leave beyond
the scale provided for shall be sick leave without pay.
23.7.4 Sick leave is
intended to be allowed in respect of absences from duty caused by ordinary
illness or incapacity for duty as the result of an illness or injury sustained
whilst off duty. When the incapacity is due to organised sporting activity or
paid work, unconnected with the Department, any sick leave payment shall take
into account any benefit in the nature of sick leave or workers compensation
payments the employee concerned receives from the body organising the sporting
activity or paid work, but to the extent of such benefit, the employee's sick
leave entitlement shall not be affected.
23.7.5 Where payment has
been made for sick leave, under this clause, to an employee whose sick leave
entitlement previously has been exhausted, or whose right to sick leave is not
established, the Department may deduct the amount overpaid from the salary of
the employee concerned in the next pay period or, if such a deduction would
cause hardship, in accordance with the provisions of subclause 6.15 of this
Award.
23.7.6 Recruit
firefighters shall be eligible for sick leave. However, such employees shall
only be entitled to use up to and including 72 hours of sick leave.
23.7.7 When the
incapacity is due to a cause which would entitle an employee to workers'
compensation, the Department shall pay the difference between the amount of
workers' compensation payment and the ordinary rate of pay of the employee
concerned. The employee's entitlement for sick leave arising from ordinary
illness shall not be affected.
23.7.8 The employee shall
prove to the satisfaction of the Department, or, in the event of a dispute, to
the satisfaction of the Industrial Relations Commission, that the employee was
unable, on account of such illness or incapacity, to attend for duty on that
day or days for which sick leave is claimed. Payment shall not be allowed for
such leave until this condition is fulfilled. A medical certificate tendered in
support of such claim shall state the illness or incapacity, and that the
employee was prevented by such illness or incapacity from attending for duty on
the day or days for which sick leave is claimed.
23.8 Employees are
entitled to take unsupported sick leave absences, where no medical certificate
is required, subject to the following provisions:
23.8.1 Such absences may
not exceed 3 separate occasions in any calendar year, where an ‘occasion’ shall
be a shift or part of a shift (or in the case of Executive Officers, 3 separate
days in any calendar year; and
23.8.2 Such absences may
not be taken on consecutive days; and
23.8.3 Such absences may
not be taken on public holidays; and
23.8.4 Such absences may
not be taken in relation to any matter that may be covered by workers’
compensation.
Commitment to Reduction in Sick Leave Levels
23.9 The Parties to
this Award are committed to ensuring a reduction in the cost associated with sick leave.
23.10 To ensure that
sick leave levels are reduced, the Parties have agreed to implement a policy
for the management of employee absence relating to personal illness and injury.
23.11 It is accepted
that the Attendance Management Policy for Permanent Firefighters will place the
Parties to this Award, including all employees covered by the Award, under an
obligation to effectively manage sick leave in order to achieve the targeted
reduction. To that end, the Parties
will work co-operatively to ensure the implementation and success of the
Attendance Management Policy for Permanent Firefighters.
Review Mechanisms
23.12 During the life
of the Award, the Department and the Union will, at regular intervals, monitor
and review the operation of the Attendance Management Policy for Permanent
Firefighters and the data on reduction in average sick leave levels.
23.13 At each review
the Department and the Union will assess progress against sick leave reduction
targets.
23.14 Subject to clause
23.15, if targets are not being met the Department will, after consultation
with the Union, identify and implement the additional measures required to meet
the targets and will vary the Attendance Management Policy for Permanent
Firefighters accordingly.
23.15 In the event of a
dispute as to a proposed variation, then provided the Union notifies a dispute
within 7 days, the issue as to any proposed variation will be dealt with by the
Industrial Relations Commission and during that process the status quo in
regards to sick leave then applying will operate unless otherwise varied or
altered by the Commission.
Executive Officer entitlements
23.16 Sick Leave on
full pay accumulates at the rate of fifteen (15) days each calendar year, and
any such accrued leave not taken is fully cumulative.
23.17 For the purpose
of subclause 23.16 "service" means continuous service.
24. Special Leave for
Union Activities
24.1 Attendance at
Union Conferences/Meetings
24.1.1 Employees who are
members of the Union and accredited by the Union as a delegate are entitled to
special leave with pay to attend the following:
24.1.1.1 annual
or bi-annual conferences of the Union; and
24.1.1.2 annual
conferences of the United Firefighters Union of Australia; and
24.1.1.3 meetings
of the Union's Executive/Committee of Management; or
24.1.1.4 annual
conference of Unions NSW; or
24.1.1.5 bi-annual
conference of the Australian Council of Trade Unions.
24.1.2 While there is no
limit on special leave for Union activities, such leave is to be kept to a
minimum and is subject to the employee:
24.1.2.1 establishing
accreditation as a delegate with the Union; and
24.1.2.2 providing
sufficient notice of absence to the Department; and
24.1.2.3 lodging
a formal application for special leave.
24.1.3 Such leave is also
subject to the Union:
24.1.3.1 providing
documentary evidence to the Department about an accredited delegate in
sufficient time to enable the Department to make arrangements for performance
of duties; and
24.1.3.2 meeting
all travelling, accommodation and any other costs incurred for the accredited
delegate; and
24.1.3.3 providing
the Department with confirmation of attendance of the accredited delegate.
24.1.4 Providing the
provisions of this clause are satisfied by both the employee and the Union, the
Department shall:
24.1.4.1 release
the accredited delegate for the duration of the conference or meeting;
24.1.4.2 grant
special leave (with pay); and
24.1.4.3 ensure
that the duties of the absent delegate are performed in his/her absence, if
appropriate.
24.1.5 Period of Notice
24.1.5.1 Generally,
dates of conferences or meetings are known well in advance and it is expected
that the Department would be notified as soon as accreditation has been given
to a delegate or at least two weeks before the date of attendance.
24.1.5.2 Where
extraordinary meetings are called at short notice, a shorter period of notice
would be acceptable, provided such notice is given to the Department as soon as
advice of the meeting is received by the accredited delegate.
24.1.6 Travel Time
24.1.6.1.1 Where a
delegate has to travel to Sydney, inter or intra State, to attend a conference
or meeting, special leave will also apply to reasonable travelling time to and
from the venue of the conference or meeting.
24.1.6.1.2 No
compensation is to be provided if travel can be and is undertaken on an
accredited delegate's non-working day or before or after his/her normal hours
of work.
24.1.7 Payment
24.1.7.1 Employees
entitled to special leave in terms of this clause shall, for such special
leave, receive their normal rate of pay. Provided that for the purpose of this
clause "normal rate of pay" will include allowances, except for the
Relieving Allowance set at Item 17 of Table 3 of Part C.
24.1.8 Special leave in
terms of this clause shall count as service for all purposes.
24.1.9 Availability of
Special Leave
24.1.9.1 Special
leave shall not be available to employees whilst they are rostered off duty or
on any period of other leave.
24.2 Attendance at
Courses/Seminars Conducted or Supported by TUEF
24.2.1 Except where
inconsistent with the provisions of subclause 24.2, the provisions of subclause
24.1 of this clause shall also apply for attendance at courses or seminars
conducted or supported by the Trade Union Education Foundation (TUEF).
24.2.2 Up to a maximum of
12 days in any period of two years may be granted to employees who are members
of the Union.
24.2.3 The grant of leave
to attend courses or seminars conducted or supported by TUEF, is subject to the
following conditions:
24.2.3.1 Departmental
operating requirements permit the grant of leave and the absence does not
result in working of overtime by other employees;
24.2.3.2 Expenses
associated with attendance at such courses or seminars, e.g. fares,
accommodation, meal costs, etc., will be required to be met by the employee
concerned but, subject to the maximum prescribed in subclause 24.2.2., special
leave may include travelling time necessarily required during working hours to
attend courses or seminars;
24.2.3.3 Applications
for leave must be accompanied by a statement from the Union that it has
nominated the employee concerned for such a course or seminar and supports the
application.
25. Court Attendance
Entitlements
25.1 The provisions of
this clause shall apply to employees attending Court and related conferences as
a:
25.1.1 result of the
duties performed by the employee in the employee's position with the
Department, including attendance at an incident.
25.1.2 witness for the
Crown but not as a result of the duties performed by the employee in the
employee's position with the Department.
25.1.3 witness in a
private capacity.
25.2 Attendance at
Court as a result of the duties performed by an employee in the employee's
position with the Department, including attendance at an incident.
25.2.1 Such attendance
shall be regarded as attendance in an Official Capacity and uniform must be
worn.
25.2.2 The employee is
entitled to be reimbursed for all expenses reasonably and necessarily incurred
in excess of any reimbursement for expenses paid by the Court. Any such claim
shall be in accordance with Clause 26, Travelling Compensation. Other than as
provided by subclause 25.2, employees are not entitled to claim nor retain any
monies as witness' expenses. Any monies received, other than reimbursement of
expenses actually and necessarily incurred, shall be paid to the Department.
25.2.3 Where the employee
is required to attend while off duty, overtime shall be paid from the time of
arrival at the Court to the time of departure from the Court. Travelling time
shall be compensated in accordance with Clause 26, Travelling Compensation.
Where approval has been given to the employee to use the employee's private
vehicle, employees shall be entitled to receive the appropriate Specified
Journey Rate prescribed at Item 1 of Table 4 of Part C. All public transport
costs, reasonably and necessarily incurred, shall be fully reimbursed.
25.2.4 Where the employee
receives a subpoena or notification of a requirement to attend Court, the
employee must ensure that the Officer-in-Charge is informed of those
commitments immediately. As far as is practicable, employees who are required
to attend Court in an Official Capacity shall do so free from their ordinary
duties and responsibilities.
25.2.5 The following
provisions are to apply to ensure that employees attending Court are given
adequate time free from duty to meet Court commitments:-
25.2.5.1 Day
Shift
Where an employee is rostered to work a day shift
arrangements must be made within the normal protocol for the employee to be
relieved whilst attending Court.
25.2.5.2 Night
Shift
An employee required to attend Court shall not be
rostered for duty on the night shift which ceases on the day of the Court
proceedings. When the employee is released from duty at the Court, and if
required to report for duty that evening, such duty shall not commence until an
eight hour break has been taken, pursuant to subclause 9.9 of Clause 9,
Overtime.
25.2.6 Where the employee
is recalled to duty to attend Court while on Annual or Long Service Leave:
25.2.6.1 For each
day or part thereof, such employee may elect to be recredited with a full days
leave or to be paid a minimum of eight hours at the rate of time and one half
(i.e., half time in addition) for the first two hours and double time (i.e.,
time in addition) thereafter.
25.2.6.2 Time
worked in excess of eight hours on any recall to duty during annual or long
service leave shall be compensated at the rate of double time. The calculation
of time worked for the purpose of calculating double time shall commence from
the time duty commences at Court until the employee is excused from the Court.
25.2.6.3 Where
the combined period of travelling time and Court attendance is less than or
equal to eight hours, travelling time is included in the minimum payment
prescribed in subclause 25.2.6.1. Where
the combined period of Court attendance and travelling time exceeds eight
hours, the excess travelling time shall be compensated for in terms of Clause
26, Travelling Compensation.
25.2.7 Where an employee
is subpoenaed to attend Court while on Sick Leave it is the responsibility of
the employee to ensure that the circumstances are communicated to the
Court. If the employee is still
required to and does attend Court, the sick leave debited for that period will
be recredited and the entitlement to reimbursement of expenses referred to
above shall apply.
25.2.8 "Stand-By"
25.2.8.1 "Stand-By"
for the purposes of this clause only, means a period when an employee is
required to be immediately available, upon notice, to attend Court.
25.2.8.2 Where an
employee is required to be on stand-by during a shift or, during any period
when the employee is rostered off duty, the employee must, as soon as the
requirement is known, advise his/her Officer-in-Charge.
25.2.8.3 Written
confirmation from the Court of such necessity to be on Stand-By must also be
provided.
25.2.8.4 Where an
employee is rostered off-duty and is on Stand-By, the employee shall be
entitled to be paid the appropriate amounts set at Item 18 of Table 3 of Part
C.
25.3 Where an Employee
Attends Court as a Witness for the Crown but not as a result of the duties
performed by the employee in the employee's position with the Department.
25.3.1 Employees shall be
granted special leave of absence with pay for the period they are necessarily
absent from duty, and shall pay to the Department all monies paid to them as
witnesses, other than monies paid as a reimbursement of out of pocket expenses
incurred by them in consequence of being so subpoenaed.
25.4 Where an Employee
Attends Court in a Private Capacity, (i.e., not subpoenaed by the Crown).
25.4.1 Employees shall be
granted leave of absence without pay for the period they are necessarily absent
from duty or, if they so desire, may apply for consolidated leave and, in
either case, may retain monies paid to them as witnesses.
26. Travelling
Compensation
26.1 Excess Travelling
Time
When an Operational Firefighter is required to travel
outside their normal hours of duty the
Operational Firefighter may apply for payment for excess time spent travelling,
subject to the following:
26.1.1 If the travel is
on a non-working day and is undertaken by direction of the Commissioner or an
authorised officer, the Operational Firefighter is entitled to the benefit of
subclause 26.1.
26.1.2 Where the travel
is on a working day, the excess time spent travelling before the normal
commencing time or after the normal ceasing time, rounded to the lower quarter
hour, shall be counted for the benefit of subclause 26.1.
26.1.3 Payment for excess
travelling time on both a working day and a non-working day shall be at
the Operational Firefighter’s ordinary
rate of pay on an hourly basis (calculated by dividing the weekly rate by 40)
subject to a ceiling of the hourly rate of pay of a Station Officer Level 2 set
at Item 3 of Table 4 of Part C.
26.1.4 Where the
Operational Firefighter has travelled overnight but has been provided with
sleeping facilities, the travelling time shall not include travel between 2300
hours on one day and 0730 hours on the next day.
26.1.5 Travelling time
does not include time spent:
26.1.5.1. travelling
on permanent transfer where the transfer involves promotion with increased
salary; or as a consequence of a breach of discipline by the employee; or is at
the employee's request; or is under an arrangement between employees to
exchange positions;
26.1.5.2 travelling
by ship on which meals and accommodation are provided; or
26.1.5.3 taking a
meal when the employee stops a journey to take the meal.
26.1.6 Travelling time
shall be calculated by reference to the use of the most practical and economic
means of transport.
26.1.7 Payment will not
be made or allowed for more than eight (8) hours in any period of twenty four
(24) hours.
26.2 Waiting Time
When an Operational Firefighter qualifies for the
benefit of Excess Travelling Time, necessary waiting time is to be counted as
Travelling Time calculated as follows:
26.2.1 Where there is no
overnight stay with accommodation at a centre away from the employee's
residence or normal work location, one hour shall be deducted from:
26.2.1.1 the time
between arrival at the centre and the commencement of duty; and
26.2.1.2 the time
between ceasing duty and the time of departure from the centre.
26.2.2 Where overnight
accommodation is provided, any time from arrival until departure shall not
count as waiting time except as follows:
26.2.2.1 if duty
is performed on the day of arrival, the time less one hour between arrival and
the commencement of duty; and
26.2.2.2 if duty
is performed on the day of departure, the time less one hour from the
completion of duty to departure; or
26.2.2.3 if no
duty is performed on day of departure the time after 0830 hours until
departure.
26.3 Meal Allowances
26.3.1 When an employee
is required to perform official duty at a temporary work location and is not
required to reside away from home (a one day journey), the employee shall be
eligible to be paid the following meal allowances subject to the following conditions:
26.3.1.1 For
breakfast when required to commence travel at/or before 0600 hours and at least
one and a half hours before the normal commencing time, the amount set at Item
4 of Table 4 of Part C.
26.3.1.2 For
lunch when, by reason of the journey, an employee is unable to take lunch at
the place or in the manner in which the employee ordinarily takes lunch and is
put to additional expense, the amount set at Item 5 of Table 4 of Part C or an
amount equivalent to the additional expense, whichever is the lesser.
26.3.1.3 For an
evening meal when required to work or travel until or beyond 1830 hours and at
least one and a half hours after the ordinary ceasing time, an amount set at
Item 6 of Table 4 of Part C.
26.3.1.4 Meal
Allowances shall not be paid where the employee is provided with an adequate
meal.
26.4 Accommodation
Allowances
When an employee is required to perform official duty
at a temporary work location which requires the employee to reside away from
home and the employee is not provided with accommodation by the Government, the
employee shall be eligible to be paid the following accommodation (sustenance)
allowances subject to the conditions set out below:
26.4.1. For the first 35
calendar days, the appropriate amounts set at Item 7 of Table 4 of Part C; or
26.4.2 The actual
necessary expenses for meals and accommodation (actuals), together with
incidental expenses as appropriate, set at Item 8 of Table 4 of Part C. The
necessary expenses do not include morning and afternoon tea.
26.4.3 After the first 35
calendar days and for up to six months an employee shall be paid an allowance
at the rate set at Item 9 of Table 4 of Part C provided the allowance paid to
an employee, temporarily located in Broken Hill, shall be increased by 20%. The
allowance is not payable in respect of:
26.4.3.1 Any
period during which the employee returns home on weekends or public holidays
commencing with the time of arrival at the residence and ending at the time of
departure from the residence; or
26.4.3.2 Any
other period during which the employee is absent from the temporary work
location (including leave) otherwise than on official duty, unless approved by
the Commissioner.
26.4.4 The capital city
rate shall apply to Sydney as bounded by the GSA.
26.4.5
26.4.5.1 Where an
employee proceeds directly to a temporary work location in a Capital city and
returns direct, the Capital city rate
applies to the whole absence.
26.4.5.2 Where an
employee breaks the journey, other than for a meal, in a centre that is not a
capital city, the capital city rate applies only in respect of the time spent
in the capital city, the elsewhere rate applies to the remainder of the
absence.
26.5 Incidental
Expenses Allowances - Government Provided Accommodation
When an employee is required to perform official duty
at a temporary work location which requires that the employee reside away from
home and is provided with accommodation by the Government, the employee shall
be eligible to be reimbursed expenses properly and reasonably incurred during
the time actually spent away from the employee's residence in order to perform
that duty and in addition be paid an allowance at the rate set at Item 10 of
Table 4, of Part C as appropriate. Such expenses are limited to costs in relation
to food, laundry and accommodation that exceed what would normally have been
incurred at home. Any meal taken at a Government establishment is to be paid
for and appropriate reimbursement sought.
26.6 Additional
Provisions
26.6.1 Unless
specifically provided for in Clause 12, Relieving Provisions, Clause 16,
Training Course Attendance Entitlements or Clause 25, Court Attendance
Entitlements, the provisions of this clause shall not apply in the
circumstances provided for by those clauses. Nor do they apply to Recruits
undertaking College training.
26.6.2 When an
employee is required to travel to a temporary work location or to attend a
training course or conference on what would normally be regarded as a one day
journey and the time of travel will exceed four hours on any one day in
addition to the normal hours of work, the employee may be directed or may
request that the employee reside temporarily at a place other than the
employee's residence to avoid such travel time on any day and in such case
shall be entitled to the accommodation allowances as appropriate.
26.6.3 The
claim for an accommodation allowance or reimbursement of expenses shall be for
the whole of the period of absence and cannot be dissected into part of the
time of the absence by way of allowance and part of the absence being
compensated by reimbursement.
26.6.4 When an
employee in receipt of an accommodation allowance is granted special leave to
return home from a temporary work location, the employee shall be reimbursed
for the cost of the return rail fare or if a first class rail service is
reasonably available, the cost of a first class return rail fare, or a motor
vehicle allowance at the appropriate specified journey rate set at Item 1 of
Table 4 of Part C to the value of the rail fares. No taxi fares or other
incidental expenses are payable.
26.6.5 An
employee shall be entitled to the option of using public transport or
reimbursement for the use of the employee's private vehicle on the following
basis:
26.6.5.1 Reimbursement
is not to be paid for a journey if an official motor vehicle is available for
the journey.
26.6.5.2 If an
official motor vehicle was not available but public transport was reasonably
available for the journey, the amount of any reimbursement is not to exceed the
cost of the journey by public transport.
26.6.5.3 Where
the employee elects to use a private vehicle the employee shall be reimbursed
at the specified journey rate prescribed from time to time or the cost of
public transport, whichever, unless the Commissioner approves otherwise, is the
lesser.
26.6.5.4 Where an
official motor vehicle is not available, and public transport was not
reasonably available for the journey, if the employee agrees to use the
employee's private vehicle, reimbursement shall be at the appropriate Official
Business rate set at Item 11 of Table 4 of Part C.
26.6.5.5 Where
the meal allowance or the accommodation allowance is insufficient to adequately
reimburse the employee for expenses properly and reasonably incurred, a further
amount may be paid so as to reimburse the employee for the additional expenses
incurred subject to the following:
26.6.5.5.1 The
Commissioner may require the production of receipts or other proof that
expenditure was incurred.
26.6.5.5.2 If any
expense in respect of which an allowance is payable was not properly and
reasonably incurred by the employee in the performance of official duties,
payment of the allowance may be refused or the amount of the allowance may be
reduced.
26.6.5.5.3 If any
purported expense was not incurred by the employee, payment of the allowance
may be refused or the amount of the allowance may be reduced.
26.6.5.6 The
Commissioner is to consider the convenience of the employee when an employee is
required to travel to a temporary work location.
26.6.5.7 Unless
special circumstances exist, the employee's work, the mode of transport used
and the employee's travel itineraries are to be organised and approved in
advance so that compensation for excess travel time and payment of allowances
is reasonably minimised.
26.7 Claims
Claims should be submitted promptly, i.e., within one
month from the completion of the work or within such time as the Commissioner
determines.
26.7.1 The Commissioner
may approve applications for advance payments of travelling and sustenance
allowances. Such applications should detail the appropriate expenditure
anticipated and be in accordance with In Orders 1982/34.
26.7.2 In assessing
claims for excess travelling time and payment of allowances reference should be
made to the time that might reasonably have been taken by the particular mode
of transport used. Provided that where an employee can demonstrate that the use
of the means of transport proposed by the Department is unreasonable in the
circumstances, the employee may apply to the Commissioner for a review of the
Department's decision. Where an employee does not wish to use the means of
transport proposed by the Department e.g. air travel as against train or car
travel, travelling time and allowances should be assessed on the basis that the
most practical and economical means of transport is used.
26.7.3 Where an allowance
is payable at a daily rate and a claim is made for a portion of the day, the
amount to be paid is to be calculated to the nearest half hour.
26.8
26.8.1 The
meal, accommodation and incidental allowances in Items 4 to 10 and the per
kilometre rates in Items 1 & 11 of Table 4 of Part C, shall be adjusted in
line with, and from the same dates as, the corresponding allowances prescribed
in the Crown Employees (Public Service Conditions of Employment) Award 2002.
27. Notice of
Transfer
27.1 When an employee
is to be transferred to work at a new location and/or to a different platoon,
the Commissioner shall give the employee the following notice -
27.1.1 Seven (7) days
notice when the transfer is within the same fire district or within the GSA and
on the same platoon,
27.1.2 Fourteen (14) days
notice when the transfer is within the same fire district or within the GSA but
to a different platoon,
27.1.3 Twenty eight (28)
days notice when the transfer is outside the GSA or the employee's current fire
district, and such notice shall be confirmed in writing.
27.2 An employee may
elect to waive, in whole or in part, the notice requirements of subclause 27.1.
28. Transfers Outside
of the Gsa
This Clause prescribes the transfer arrangements which shall
apply in the case of all Operational Firefighter vacancies which arise outside
of the GSA on and from 1 May 2006.
28.1 Transfer Register
Applications
28.1.1 Applications for
placement on any Transfer Register shall be made by way of report to the
Manager Operational Personnel. Such reports shall clearly state the Transfer
Register on which the employee seeks to be placed, the employee’s current
classification, the employee’s current address and whether or not the employee
is claiming residential priority pursuant to subclause 28.4.
28.1.2 With the exception
of Recruit Firefighters, all firefighters shall be eligible to apply for
placement on any one or more of the Country Transfer Registers or Regional
Transfer Registers listed at subclause 28.2.
28.1.3 With the exception
of Inspectors with regards to the Blue Mountains area (only), all Station
Officers and Inspectors shall be eligible to apply for placement on any one or
more of the Regional Transfer Registers listed at subclause 28.2.2.
28.1.4 Leading
Firefighters shall not be eligible to apply for placement on any Officer
Transfer Register until such time as they have been promoted to Station Officer
rank. Similarly, Station Officers shall
not be eligible to apply for placement on any Senior Officer Transfer Register
until such time as they have been promoted to Inspector rank. Employees so
promoted shall be required to submit a new report pursuant to subclause 28.1.1
in order to be placed on the corresponding Transfer Register for their new
classification.
28.1.5 The Manager
Operational Personnel shall acknowledge receipt of all applications within 14
days of the day upon which they are received. This receipt shall confirm the
employee’s service number, name, date of application, Transfer Register for
which the employee has applied and, if applicable, whether or not the
employee’s claim for residential priority has been accepted. Applications for
placement on a Transfer Register shall only be valid upon the issuing of this
receipt, which shall serve as proof of an employee’s application.
28.1.6 Employees may be
removed from a Transfer Register by submitting a further report to that effect
to the Manager Operational Personnel, who shall in turn issue a receipt as
proof of that withdrawal.
28.2 Transfer
Registers
28.2.1 Country Transfer
Registers:
Transfer Register
|
Local Government
Area
|
|
|
Albury
|
Albury City Council
|
Armidale
|
Armidale City Council
|
Bathurst
|
Bathurst City Council
|
Broken Hill
|
Broken Hill City Council
|
Coffs Harbour
|
Coffs Harbour City Council
|
Dubbo
|
Dubbo City Council
|
Goulburn
|
Goulburn City Council
|
Maitland
|
Maitland City Council
|
Moree
|
Moree Plains Shire Council
|
Nowra
|
Shoalhaven City Council
|
Orange
|
Orange City Council
|
Port Macquarie
|
Hastings Council
|
Queanbeyan
|
Queanbeyan City Council
|
Tamworth
|
Tamworth City Council
|
Wagga Wagga
|
Wagga Wagga City Council
|
28.2.2 Regional Transfer
Registers:
Transfer Register
|
Local Government Area
|
|
|
Blue Mountains
|
Blue Mountains City Council
|
Central Coast
|
Gosford City Council and Wyong Shire Council
|
Illawarra
|
Wollongong City Council and Shellharbour City Council
|
Newcastle
|
Lake Macquarie City Council and Newcastle City Council
|
Northern Rivers
|
Tweed Shire Council, Lismore City Council, Byron Shire
Council and Ballina Shire Council
|
28.2.3 The parties agree
that where permanent firefighters are to be introduced in an area outside the
GSA for which no Transfer Register exists, a new Transfer Register will be
established. Where a new transfer register is to be established, the Department
shall advertise the establishment of that register and invite initial
applications for a period of six weeks. Any applications received within the six
week period shall be deemed to have been received on the date of creation of
the register and placed on that register in accordance with the following
provisions:
28.2.3.1 Notwithstanding
the provisions of subclause 28.4.2, an applicant who satisfies the provisions
of subclause 28.4.3 and has done so for a period of 2 or more consecutive years
leading up to the date of creation of a Transfer Register shall be placed at
the top of that Residential Transfer Register. Where more than one applicant
satisfies this provision, placement on that Residential Transfer Register shall
be determined by a ballot conducted by the Manager Operational Personnel; and
28.2.3.2 Applicants
who are unable to satisfy the provisions of subclause 28.2.3.1 shall be placed
at the top of the relevant General Transfer Register. Where more than one such
application is received, the order of placement shall be determined by way of a
ballot conducted by the Manager Operational Personnel.
28.3 Operation of
Transfer Registers
28.3.1 The Department
shall establish and maintain a General Transfer Register and a Residential
Transfer Register for each category of Operational Firefighter employees as
follows:
28.3.1.1 in the
case of Firefighters, for each of the Country Transfer Register areas and
Regional Transfer Register areas listed at subclauses 28.2.1 and 28.2.2;
28.3.1.2 in the
case of Officers, for each of the Regional Transfer Register areas listed at
subclause 28.2.2; and
28.3.1.3 in the
case of Senior Officers, for each of the Regional Transfer Register areas
listed at subclause 28.2.2. Provided that there shall not be a Blue Mountains
Regional Transfer Register for Senior Officers, and that vacancies which occur
within that area shall be filled in accordance with subclause 28.7.
28.3.2
28.3.2.1 Each
General Transfer Register shall detail each applicant’s employee service
number, their name, the date of their original application for transfer and, if
applicable, the date their application for residential priority status was accepted,
the date they were elevated to that area’s Residential Transfer Register and/or
the date of their eventual transfer to the area in question.
28.3.2.2 Each
Residential Transfer Register shall detail each applicant’s employee service
number, their name, the date of their original application for transfer, the
date their application for residential priority status was accepted, the date
they were elevated to that area’s Residential Transfer Register and, if
applicable, the date of their eventual transfer to the area in question.
28.3.3 The order of
placement of each employee upon each Transfer Register shall be determined:
28.3.3.1 in the
case of General Transfer Registers, by order of the date upon which the
employee made application for placement upon that Transfer Register. Where more
than one application for the same Transfer Register is submitted on the same
day, the Manager Operational Personnel shall determine the order of placement
of those multiple applicants by way of ballot; and
28.3.3.2 in the
case of Residential Transfer Registers, by order of the date upon which the
employee was elevated to that Residential Transfer Register. Subject to the
provisions of 28.4.3, 28.4.7.1 and 28.4.7.2, an employee’s elevation to a
Residential Transfer Register shall be subject to: firstly, the employee having
held a position on the relevant General Transfer Register for at least two
years; and secondly, the employee having been recognised as having met and
maintained residential priority status for that Transfer Register’s area for at
least two years.
28.3.4 Upon the
occurrence of a vacancy, transfers shall be offered to employees in the
following order:
28.3.4.1 Firstly,
by reference to the relevant Residential Transfer Register, with the first
offer to be made to the highest placed employee on that Register and, if
declined, to the next highest placed employee and so on until such time as the
vacancy is filled.
28.3.4.2 In the
event that no employee exists on the relevant Residential Transfer Register, or
that all employees on that Residential Transfer Register decline the offer of
transfer, the vacancy shall then be offered to all employees on the relevant
General Transfer Register, with the first offer to be made to the highest
placed employee on that Register and, if declined, to the next highest placed
employee and so on until such time as the vacancy is filled.
28.3.4.3 In the
event that no employee exists on the relevant General Transfer Register and/or
all employees on that General Transfer Register decline the offer of transfer,
the vacancy shall then be advertised for and open to all eligible employees.
28.3.5 Declining an offer
of transfer shall not affect an employee’s position on the relevant Transfer
Register, provided that employees who decline three successive offers of
transfer shall be removed from that Transfer Register.
28.3.6 The Department
shall make available copies of all Transfer Registers to employees in the
manner agreed between the Department and the Union.
28.4 Residential Priority
28.4.1 All employees
seeking residential priority for any Transfer Register area shall be required
to submit a report to the Manager Operational Personnel setting out the grounds
for their claim. Such employees shall be required to provide evidence of their
claim for primary residence prior to being placed on the Transfer Register with
Statutory Declarations, electoral enrolment forms, rates notices, bills and/or
such other documentation or evidence which it would be reasonable for the
Department to request of the employee in order to verify their claim. Vacant blocks of land, Post Office boxes,
investment properties, holiday homes or the addresses of relatives or friends,
when in fact the employee has primarily resided elsewhere, shall therefore be
unacceptable. This report may be either the same report as that of the
employee’s original application made pursuant to subclause 28.1.1, or a
subsequent report which is submitted due to an employee’s transfer or a change
of primary residence.
28.4.2 An employee shall
not be entitled to recognition of residential priority on any Transfer Register
prior to the date of their report making application for that recognition
pursuant to subclause 28.4.1.
28.4.3 In order to
recognise an employee’s claim for residential priority for a particular
Transfer Register, the Manager Operational Personnel must first be satisfied
that the primary residence in question is located either:
28.4.3.1 within
the Transfer Register area in question, or
28.4.3.2 in such
a location that any permanently staffed fire station within the Transfer
Register area for which the applicant is claiming residential priority is
closer to their primary residence than any permanently staffed fire station
within the GSA or Transfer Register area, as the case may be, to which the
applicant is currently attached. For the purposes of this subclause, distances
shall be determined by drawing a straight line between both locations and
calculating that distance, i.e. in a straight line.
28.4.4 Employees holding
residential priority status on any Transfer Register must submit a further
report pursuant to subclause 28.4.1 immediately upon their:
28.4.4.1 change
of address, meaning a change in the location of their primary residence; or
28.4.4.2 transfer
from the GSA to a Transfer Register area; or
28.4.4.3 transfer
from one Transfer Register area to another Transfer Register area.
28.4.5 The Manager
Operational Personnel shall acknowledge and review all reports submitted
pursuant to subclause 28.4.4. If an employee’s transfer or revised primary
residence location means that the employee no longer satisfies the residential
priority requirements of subclause 28.4.3, then the employee’s records upon the
relevant Transfer Register(s) shall be adjusted accordingly It shall remain the
responsibility of employees to apply for any additional residential priority
status which may arise as a result of their transfer or revised primary
residence.
28.4.6 Subject to the
provisions of subclause 28.4.7, an employee who has held and continually
maintained residential priority status upon a General Transfer Register for two
years shall then be elevated to the relevant Residential Transfer Register in
accordance with subclause 28.3.3.2. Provided that employees who are elevated to
a Residential Transfer Register and who are later found to no longer meet the
criteria for residential priority shall be returned to and placed upon the
relevant General Transfer Register by order of the date of their original
application.
28.4.7 In the case of
Leading Firefighters who are promoted to Station Officer, or Station Officers
who are promoted to Inspector:
28.4.7.1 if
stationed within a Regional Transfer Register area at the time of their
promotion, then such employees shall be transferred to the GSA. Provided that
employees so transferred who make application pursuant to subclause 28.1 for
return transfer within three months of the date of their promotion shall be
placed on the corresponding Residential Transfer Register for their new
classification as of the date of that promotion;
28.4.7.2 if
holding a position on a Regional area’s Residential Transfer Register at the
time of their promotion then such employees shall be entitled within three
months of the date of their promotion to submit a further report pursuant to
subclause 28.1, following which they shall be placed on the corresponding
Residential Transfer Register for their new classification as of the date of
that promotion;
28.4.7.3 if
holding a position on a Regional area’s General Transfer Register at the time
of their promotion, and holding residential priority status for that area, then
such employees shall be entitled within three months of the date of their
promotion to submit a further report pursuant to subclause 28.1, following
which they shall be placed on the corresponding General Transfer Register for
their new classification as of the date of that promotion and recognised for
the purposes of subclause 28.4.6 for that period of residential qualification
already accrued.
28.4.7.4 if
holding a position on a Regional area’s General Transfer Register at the time
of their promotion, but without holding residential priority status for that
area, then such employees shall be entitled within three months of the date of
their promotion to submit a further report pursuant to subclause 28.1,
following which they shall then be placed on the corresponding General Transfer
Register for their new classification as of the date of that promotion.
28.4.8 Employees who are
stationed within a Transfer Register area at the time of their appointment to
an Operational Support position and who make application pursuant to subclause
28.1 within three months of the date of their appointment shall be placed on
that area’s Residential Transfer Register as of the date of that appointment.
28.5 Appeals
concerning Residential Priority
28.5.1 An employee
seeking to challenge either the Department’s determination of their residential
priority status, or the Department’s determination of the residential priority
status of another employee may appeal in the first instance by way of report to
the Assistant Director Operational Personnel. Such reports shall provide all
relevant details and may be supported by any documentation or evidence which
the employee considers relevant to their claim. An anonymous appeal against an
employee shall not be investigated.
28.5.2 Where an appeal
concerns the employee’s own residential status, the Assistant Director
Operational Personnel shall provide the employee with a written determination
of that appeal, setting out the reasons for same, within 14 days of receipt of
the employee’s report.
28.5.3 Where an appeal
concerns the residential status of another employee, the Assistant Director
Operational Personnel shall forward a copy of the said report to the employee
who is the subject of the challenge. The employee under challenge shall be
allowed no less than 28 days to reply by way of report to the Assistant
Director Operational Personnel who shall thereafter provide both employees with
a written determination of the appeal, setting out the reasons for same, within
14 days of receipt of the second employee’s report.
28.5.4 An employee may
appeal a determination of the Assistant Director Operational Personnel by way
of report to the Commissioner. The Commissioner shall consider all previous
reports and documentation relating to the matter, together with any additional
information which the employee or employees concerned may supply, following
which the Commissioner shall provide the employee or employees concerned with a
written and final determination of the matter.
28.6 Regional
Communications and BA/Hazmat
This subclause prescribes the transfer arrangements
which shall apply for all firefighter or Station Officer vacancies which occur
within Regional Communication Centres and Regional BA/Hazmat Sections.
28.6.1 Upon the
occurrence of a vacancy, transfers shall be advertised and offered in the
following order:
28.6.1.1 Firstly,
to all employees who are stationed within the Regional Transfer Register area
in which the vacancy exists. Where there are more suitable applicants than
positions available, interviews shall be held to determine the successful
applicant.
28.6.1.2 In the
event that no applications are received at subclause 28.6.1.1, or that none of
the local applicants meet the essential criteria, as agreed between the
Department and the Union, the vacancy shall then be offered to all employees on
the relevant Residential Transfer Register, with the first offer to be made to
the highest placed applicant who meets the essential criteria and, if declined,
to the next highest placed applicant who meets the essential criteria and so on
until such time as the vacancy is filled.
28.6.1.3 In the
event that all employees on that area’s Residential Transfer Register decline
the offer of transfer, or that none of the Residential Transfer Register
applicants meet the essential criteria, as agreed between the Department and
the Union, the vacancy shall then be offered to all employees on the relevant
General Transfer Register, with the first offer to be made to the highest
placed applicant who meets the essential criteria and, if declined, to the next
highest placed applicant who meets the essential criteria and so on until such
time as the vacancy is filled.
28.6.1.4 In the
event that all employees on that area’s General Transfer Register decline the
offer of transfer, or that none of the General Transfer Register applicants
meet the essential criteria, as agreed between the Department and the Union,
the vacancy shall then be advertised by way of internal memorandum to all
Communication Centre or BA/Hazmat employees (as the case may be). Where there
are more suitable applicants than positions, interviews shall be held to determine
the successful applicant.
28.6.1.5 In the
event that all Communication Centre or BA/Hazmat employees (as the case may be)
decline the offer of transfer, the vacancy shall then be advertised for and
open to all eligible employees through In Orders.
28.6.1.6 Successful
applicants will be required to successfully complete the required training, and
on appointment, to serve in the relevant Centre/Section for a minimum period of
three years. Provided that if the transfer is made in accordance with subclause
28.6.1.4 then the cumulative total service will be a minimum period of three
years.
28.7 Country Officers,
Country Senior Officers and Operational Support Staff
28.7.1 Vacancies which
occur amongst any of the positions listed at subclause 28.7.2 shall be
advertised though In Orders and filled on the basis of competitive merit
selection. Selection Committees shall be constituted in accordance with the
Recruitment and Selection Guidelines of the NSW Public Service.
28.7.2
28.7.2.1 Country
Officers, being all Station Officer positions located in areas outside of the
GSA and the Regional areas listed at subclause 28.2.2; and
28.7.2.2 Country
Senior Officers, being all Inspector positions located outside the GSA and the
Newcastle, Central Coast and Illawarra Transfer Register areas; and
28.7.2.3 Operational
Support staff, being all positions defined as such by Clause 14 of this Award.
29. Transferred
Employee's Compensation
29.1 When an employee
has been given notice of transfer to work in a new location and the
Commissioner requires that the employee move to new accommodation, and the
transfer is not subject to the exceptions set out below, the employee shall be
eligible for leave or credit of leave, reimbursement of costs, and to be paid
allowances set out herein.
29.2 Exceptions
29.2.1 Unless special and
exceptional circumstances exist, the exceptions exclude from the benefit of
this clause employees who are transferred:
at their own request;
under an arrangement between employees to exchange positions;
on account of the employee's breach of discipline;
within the Metropolitan Area or the same Zone.
29.2.2 For purposes of
this clause, Metropolitan Area means and includes the Sydney Region as defined
by the Department of Planning but also including the area referred to as the
Central Coast on the Northern Line as far as Gosford, the area on the Western
Line as far as Mt. Victoria and on the Illawarra Line as far as Wollongong.
29.2.3 Employees who are
transferred as a result of inclusion in a transfer list established in
accordance with Clause 28 of this Award shall, for the purposes of this Clause,
be deemed to have been transferred "at their own request" and shall
not be eligible for the entitlements set out in this Clause.
29.2.4 Notwithstanding
the provisions of subclause 29.2.1, employees who are transferred by way of a
merit based selection process, including employees promoted to a rank that
necessitates a transfer, shall attract the relevant entitlements of this
Clause.
29.2.5 Notwithstanding
the provisions of subclause 29.2.1, employees who received compensation for
transferring to a particular station/location shall, after a period of not less
than 2 years service at that location, be entitled to the provisions of this
Clause upon transfer to the GSA.
29.3 This clause does
not alter the transfer procedures, as at the date of making of this Award, set
out in Standing Orders. Any variation to those procedures shall be by agreement
between the Department and Union.
29.4 Leave
When an employee has been given notice of transfer and
is required to move to new accommodation the employee shall be eligible for
leave and/or to apply for payment at the ordinary rate of pay in lieu of the
granting of leave or the Commissioner may credit such leave as consolidated
leave as follows to a maximum of:
29.4.1 Sixteen (16)
working hours to visit the new location with a view to obtaining accommodation,
29.4.2 Sixteen (16)
working hours to prepare and pack personal and household effects prior to
removal or for the purpose of arranging storage,
29.4.3 Such leave as is
necessary to travel to the new location for the purposes of obtaining suitable
accommodation and/or to commence duty,
29.4.4 Eight (8) hours
for the combined purpose of cleaning the premises being vacated and/or
occupying and settling into the new premises.
Where an employee is eligible for, and takes leave, for
part of a shift the Commissioner may direct the employee to take consolidated
leave to credit for the remainder of the shift and if the employee does not
have sufficient leave to credit, the shortfall may be taken as an advance
against consolidated leave that may accrue or as leave without pay.
29.4.5 Provided suitable
arrangements can be made for a performance of duties, an employee working a
special roster who has been unable to secure accommodation for the family at
the new location is entitled to sufficient special leave to permit a return
home on weekends once each month to spend two consecutive days and nights with
the family, together with an additional day and night in respect of each public
holiday occurring in conjunction with the weekend and on which the employee
would not normally be rostered for duty. This leave is limited to the time
necessarily required in travelling on the day preceding and the day following
such weekend.
29.4.6 Where a
transferred employee working a special roster is located in a district where a
return home once each month is not possible, such employee, after four weeks at
the new location, will be entitled to sufficient leave to allow the transferred
employee two consecutive days and nights at a weekend with the family.
Following that four weeks, the employee will be allowed to accumulate special
leave at the rate of sixteen (16) working hours per month until sufficient
leave is available to allow the return home at a weekend for a similar period.
29.4.7 Special Roster is
the roster specified at subclause 8.6 of this Award.
29.5 Cost of Temporary
Accommodation
For the purposes of this subclause, temporary
accommodation does not include a house or a flat, whether owned by the
Government or privately owned, but relates to what is commonly termed board and
lodging.
29.5.1 Transferred
employees maintaining dependant relatives at home who are required to vacate
the existing residence prior to departure for the new location and/or finds it
necessary to secure board and lodging for themselves and dependant relatives at
the new location pending permanent accommodation (a residence) becoming
available, the employee shall be allowed up to the amount set at Item 12 of
Table 4 of Part C, per week calculated as the actual cost of the temporary
accommodation less an excess contribution calculated as per Table 5 of Part C.
29.5.2 Where a
transferred employee maintaining dependant relatives moves to the new location
ahead of dependants, and permanent accommodation is not available, necessary
board and lodging expenses in excess of the amount set at Item 13 of Table 4 of
Part C, per week to a maximum allowance of the amount set at Item 12 of Table 4
of Part C, per week shall be payable.
29.5.3 Where a
transferred employee not maintaining dependant relatives in the home is unable
to secure permanent accommodation at the new location, the employee is to be
paid an allowance of up to 50% of the total cost of board and lodging for a
maximum period of four (4) weeks subject to a maximum the amount set at Item 12
of Table 4 of Part C, per week. Where the period of four (4) weeks is not
sufficient for the employee to find suitable permanent accommodation, full
particulars should be provided to allow the DPE to consider the extension of
this provision.
29.5.4 An employee
receiving an allowance for temporary accommodation as set out above is entitled
to a laundry (not dry cleaning) allowance as set out at:
29.5.4.1 Item 14
of Table 4 of Part C, per week if the employee only is in temporary
accommodation;
29.5.4.2 Actual
expenses to a maximum as set at Item 15 of Table 4 of Part C, per week if the
employee and dependants are in temporary accommodation.
29.5.5 Where an employee,
together with dependants are in temporary accommodation the allowances may be
paid until either
29.5.5.1 a
suitable residence becomes available; or
29.5.5.2 up to
twenty six (26) weeks if the transfer is to the country; or
29.5.5.3 up to
thirteen (13) weeks if the transfer is to the Sydney Metropolitan Area,
whichever is the sooner. The payment of allowances in
all cases is subject to:
29.5.5.4 the
production of receipts;
29.5.5.5 a
written undertaking that any reasonable offer of accommodation will be
accepted;
29.5.5.6 evidence
that the employee is taking all reasonable steps to secure a residence.
When the Commissioner considers that a transferred
employee has refused to accept reasonable accommodation and as a result the
payment of an allowance has been discontinued, the matter may be referred by
the employee or the Union to a Committee comprising two representatives of the
Union and two representatives of the DPE. If no mutual decision is arrived at
by the Committee the matter may be referred to the Industrial Relations
Commission of NSW.
29.5.6 Extension of
assistance beyond the twenty six (26)/thirteen (13) week period may be approved
only if the application for assistance is supported by acceptable evidence of
unsuccessful attempts to obtain accommodation which constitutes reasonably
suitable accommodation.
29.6 Removal Costs
29.6.1 A transferred
employee is entitled to reimbursement for the costs actually and necessarily
incurred in removing personal and household effects to the new location.
Provided that the journey is travelled by the shortest practicable route and
completed within a reasonable time, these costs will include the actual and
reasonable expenses incurred by the employee and dependants for meals and
accommodation during the course of the journey.
29.6.2 Removal expenses
allowed under this clause includes the costs of insuring furniture and effects
whilst in transit up to an amount set at Item 16 of Table 4 of Part C. Where
the insured value exceeds amount, the case should be referred to the DPE for
consideration. They should be provided with an inventory of items to be
transferred together with a declaration that all items included in that policy
are being removed or stored, or, a certificate of valuation from a registered
valuer certifying the value of furniture and effects being removed or stored.
Where, due to circumstances beyond the control of the
transferred employee, the furniture and effects of the employee arrive late at
the new location or are moved before the employee's departure from the previous
location, reimbursement of expenses for meals and accommodation properly and
reasonably incurred by the employee and any dependants shall be paid.
29.6.3
29.6.3.1 A transferred
employee shall be entitled to compensation for the accelerated depreciation of
personal and/or household effects removed to a new location.
29.6.3.2 This
entitlement is the amount set at Item 17 of Table 4 of Part C, where the
Commissioner is satisfied that the employee has removed a substantial portion
of what is normal household furniture, furnishing and fittings of not less
value than the amount set at Item 18 of Table 4 of Part C. If the value is less
than this amount, a pro rata amount is payable.
29.6.4 Where a
transferred employee is required to remove the employee's furniture from
temporary accommodation the employee is entitled to be reimbursed removal costs
and the compensation for depreciation and disturbance in respect of each such
move, notwithstanding that the employee may not be changing the location of
work.
29.6.5 When an employee
uses a private vehicle for the purposes of official business and finds it
necessary to transport another private vehicle, normally used by a dependant relative
maintained in the household, the cost of transporting or driving that second
vehicle to the employee's new location shall be part of the removal costs and
the employee may be paid either the cost of transportation by road or rail or,
if the vehicle is driven to the new location, a car allowance at the specified
journey rate set at Item 1 of Table 4 of Part C.
29.6.6 The reimbursement
for the costs actually and necessarily incurred in removing personal and
household effects to the new location shall be the equivalent to the lowest of
three competitive quotes where practicable.
29.6.7 An advance to
cover the whole or part of removal expenses allowed under this subclause is
available. The amount of the advance is to be adjusted by the employee within
one month of the expenditure being incurred.
29.7 Storage of
Furniture
Where an employee is unable to secure suitable
accommodation at the new location and is required to store the furniture while
waiting to secure a residence, the cost of storage and cartage to the store,
and from the store to the new residence shall be reimbursed. The employee shall
also be reimbursed the cost of insurance for furniture and effects while in
storage on the same basis as for insuring whilst in transit.
The maximum period of storage under this Clause is
twenty six (26) weeks in the country and thirteen (13) weeks in the
Metropolitan Area.
29.8 Costs of Personal
Transport
29.8.1 The transferred
employee and one member of the household, when proceeding on leave for the purpose
of visiting the new location with a view to obtaining suitable accommodation,
shall be entitled to the option of return rail fares, or if a first class rail
service is reasonably available, first-class return rail fares, or
reimbursement at the specified journey rate as set at Item 1 of Table 4 of Part
C, for the use of a private vehicle up to the cost of rail fares.
29.8.2 The transferred
employee and all members of the household, when travelling to the new location
for the purpose of commencing duty, shall be entitled to rail fares or
reimbursement for the use of the private vehicle, as set out in subclause
29.8.1, provided that, where the members of the employee's household do not
travel on the same occasion as the employee, the entitlement for their personal
transport shall be deferred until such time as travel to take up residence at
the employee's new location occurs.
29.8.3 A transferred
employee working the special roster specified at subclause 8.6, who has been
unable to secure accommodation for the family at the new location, who is
entitled to special leave to permit a return home at weekends, shall be
entitled to the option of rail fares or reimbursement for the use of a private
vehicle as set out in subclause 29.8.1 when proceeding on leave.
29.8.4 Car allowance in
respect of travel by the employee involved in taking up duty at the new
location shall be at the official business rate as set at Item 11 of Table 4 of
Part C.
29.8.5 When an overall
saving to the Department would eventuate, an employee and one member of the
household, when proceeding to visit the new location with a view to obtaining
suitable accommodation, shall be entitled to economy class air fares in lieu of
rail fares or reimbursement of the use of a private motor vehicle.
29.8.6 When an employee
travels to the new location with a view to obtaining suitable accommodation and
incurs expenses in relation to overnight accommodation, the employee shall be
reimbursed the reasonable and actual cost of accommodation and meals for self
and a member of the household provided the amount to be reimbursed does not
exceed sustenance allowances allowed under Clause 26, Travelling Compensation.
29.9 Education of
Children
29.9.1 A transferred
employee who has dependant children will be entitled to the cost of essential
school clothing that is required to be replaced or purchased as a direct result
of the employee's transfer to a new location requiring the changing of schools.
No provision is made for reimbursement of additional school fees, text books or
other similar items. The basic list of school clothing is as follows:
Basic Items
|
|
Male winter uniforms
|
Summer Uniforms
|
1 Suit coat
|
3 shirts
|
2 pairs of winter trousers
|
3 pairs of trousers (short)
|
1 tie
|
3 pairs of long socks
|
3 shirts
|
|
1 jumper/cardigan
|
|
3 pairs of socks
|
|
1 pair of shoes
|
|
1 track suit/sports uniform
|
|
(but not both)
|
|
1 pair of sandshoes
|
|
Female winter uniforms
|
Summer uniforms
|
1 hat
|
3 blouses
|
2 tunics
|
2 tunics
|
1 blazer
|
3 pairs stockings/socks
|
3 blouses
|
|
1 tie
|
|
3 pairs stockings/socks
|
|
1 pair of gloves
|
|
1 pair of shoes
|
|
1 track suit/sports uniform
|
|
(but not both)
|
|
1 pair of sandshoes
|
|
1 jumper/cardigan
|
|
When an item of clothing required at the new school is not
included in the basic list the DPE will consider reimbursing the cost of same
but will require full particulars and circumstances surrounding the requirement
to purchase.
29.9.2 In respect of dependant
children undergoing secondary education in Year 12 at a school in the
employee's old location, where the elected subjects are not available at a
school in the employee's new location, the cost of board and lodging for these
children may be reimbursed to the transferred employee. In such case the
employee, on production of receipts for payment and a certificate from the
Department of School Education that the elected subjects are not available at
the school at the employee's new location, shall be granted the allowance. In
these cases the parent/guardian will be required to pay the first amount as set
at Item 19 of Table 4 of Part C, of the board and lodging expenses and the
Department will reimburse further costs up to a maximum of the amount as set at
Item 20 of Table 4 of Part C, per week for each child.
29.10 Conveyancing and
Other Costs
A transferred employee who, as a consequence of the
transfer to a new location, sells a residence at the former location and buys a
residence or land upon which to erect a residence at the new location shall be
entitled to reimbursement of expenses incurred in such transactions subject to
the following:
29.10.1 Where a
solicitor or a registered conveyancing company has been engaged to act on
behalf of the employee in those transactions, the professional costs and
disbursements by the solicitor or a registered conveyancing company in respect
of such transactions.
29.10.2 Where an
employee is entitled to reimbursement, the following expenses shall be covered:
29.10.2.1 Stamp
Duty;
29.10.2.2 Where
the employee has engaged a Real Estate Agent to sell the residence at the
former location, the commission due to the Estate Agent.
29.10.3 Reimbursement
of expenses shall be made where the sale of the employee's former residence and
the purchase of either a residence or land is effected within a period
commencing not earlier than six (6) months prior to the employee's transfer and
ending not more than four (4) years after such transfer. The Department will be
prepared to consider individual cases where the four (4) year period has been
exceeded but will require full details of why sale and/or purchase of the
transferred employee's residence could not be completed in the four (4) year
period.
29.10.4 Where a
transferred employee owns a residence at a former location and has taken up
rented accommodation on transfer, the employee shall be regarded as covered by
these provisions relating to the reimbursement of conveyancing and incidental
costs on the current transfer or on a subsequent transfer provided the period
of not more than four (4) years has elapsed since the employee's immediately
preceding transfer.
29.10.5 Where it
is not practicable for the transferred employee to purchase residence in the
new location and such employee has disposed of the former residence, such
employee is not to be excluded from the benefit of this clause when
subsequently purchasing a residence in the new location on a current or
subsequent transfer within the four (4) year period.
29.10.6 There is
an upper ceiling, as set at Item 21 of Table 4 of Part C, on prices of the
properties involved in either the sale or the purchase. This limit applies
where employees are relocated from a Metropolitan Area to the country
irrespective of the size, the value and the commerciality of the property being
purchased provided transferred employees are not entitled to the reimbursement
of costs involved in transactions where the sale or purchase of a large rural
property or commercial premises might be involved.
29.10.7 Where a
transferred employee dies before completion of either or both the sale or
purchase transactions, the expenses incurred in such transactions, up to and
including the finalisation of such transactions shall be payable by the
Department and the family of the deceased employee is not required to reimburse
the Department such expenses.
29.11 Stamp Duty and
Other Charges
A transferred employee, who, as a consequence of the
transfer, sells a residence at the former location and buys a residence or land
upon which to erect a residence at the new location is entitled to be
reimbursed:
29.11.1 Stamp
Duty in respect of the purchase of the residence or the land and the house
erected thereon at the new location;
29.11.2 Stamp
Duty paid in respect of any mortgage entered into or the discharge of a
mortgage in connection with the sale or purchase;
29.11.3 Registration
fees on transfers and mortgages on the residence or the land and the house
erected on the land on the following basis -
29.11.3.1 where
the purchase is completed and the employee enters into occupation of the
residence within 15 months of transfer, the reimbursement of Stamp Duty in
full;
29.11.3.2 where
the occupation of the residence purchased or erected is not completed within fifteen
(15) months but is completed within four years of transfer, reimbursement of
Stamp Duty is not to exceed the amount which would have been payable had the
sale and purchase prices of the properties been the amount set at Item 21 of
Table 4 of Part C, in each case.
29.11.4 A
transferred employee who, as a consequence of the transfer to a new location,
does not sell a residence at the former location but buys a residence or land
upon which to erect a residence at a new location, is entitled to be reimbursed:
29.11.4.1 Stamp
Duty in respect of the purchase of the residence or the land and a house
erected on that land;
29.11.4.2 Stamp
Duty paid on any mortgage entered into in connection with the purchase; and
29.11.4.3 Registration
fees on transfer and mortgages on the residence or the land and a house erected
on the land,
provided the employee enters into occupation of the
residence within fifteen (15) months of transfer to the new location.
29.12 Incidental Costs
29.12.1 A
transferred employee who is entitled to the reimbursement of conveyancing and
other costs for a purchase at the new location prior to the sale of the former
residence is entitled to the reimbursement of any Council or any other Local
Government rates levied in respect of the former residence while such former
residence remains untenanted provided the employee can furnish acceptable
evidence that reasonable efforts are being made to sell the former residence at
a fair market price.
29.12.2 A
transferred employee will be entitled to reimbursement of non-refundable costs
in respect of the connection of gas and electricity supplies and of telephone
installation at the new residence provided that:
29.12.2.1 the
connection of gas and electricity supplies were available to the land at the
time of purchase and/or
29.12.2.2 the cost
of the telephone installation is to be reimbursed only where a telephone was
installed at the former residence.
29.12.3 A
transferred employee entitled to the reimbursement of conveyancing and other
costs is entitled to reimbursement of the cost of survey certificates, pest
certificates and/or Building Society registration fees reasonably incurred in
seeking financial accommodation to purchase the new residence or the land upon
which to erect a new residence and the fees associated with discharging the
mortgage on the former residence.
29.12.4 A
transferred employee shall be entitled to reimbursement for the fees charged by
Australia Post for re-direction of mail for the first month following vacation
of the former residence.
29.13 Relocation on
Retirement
29.13.1 Upon
retirement at a place other than the place of original recruitment to the
Department, an employee is entitled to be reimbursed the costs actually and necessarily
incurred in removing personal household effects to a location of the employee's
choice together with the cost of insuring the same against damage in transit
provided -
29.13.1.1 the
maximum amount of such reimbursement shall be limited to that payable had the
employee moved to the place of original recruitment; and
29.13.1.2 the
employee's relocation is effected within twelve (12) months following
retirement.
29.13.2 The
above provision shall apply to any claims made by the widow or widower within a
period of twelve (12) months of the transferred employee's death. In such cases the Commissioner will also be
prepared to consider claims made by children or dependent relatives of the
deceased in similar circumstances but will require full particulars as to the
reasons.
29.14 Additional
Provisions
29.14.1 Nothing
contained in the provisions of this clause pertaining to leave shall deprive
the employee of compensation for time spent in travelling.
29.14.2 Where
the spouse of a transferred employee is also employed in the NSW Public Service
and is also transferred, the assistance payable under this clause or under the
Crown Employee's general provisions is to be paid to one partner only. This
does not operate to restrict the leave entitlement of the transferred employee.
29.14.3 An
employee whose appointment to a position may be subject to appeals action shall
not move to the new location until the period during which appeals may be
lodged has expired or all appeals action has been finalised. An employee may be
directed to take up duty in the new location before appeals action is finalised
but will be entitled to the leave provisions set out in this clause, in which
case the following will apply:
29.14.3.1 Where
the employee has dependants they may claim sustenance allowance under Clause
26, Travelling Compensation, until appeals action has been finalised;
29.14.3.2 Employees
with dependants have a further period of up to twenty one (21) days immediately
after all appeals action has been finalised to find suitable accommodation
before such travelling compensation entitlements cease. Such period may be
extended by the Commissioner if the Commissioner is satisfied that twenty one
(21) days is insufficient time to find such accommodation.
29.14.3.3 The
Commissioner shall not approve the movement of the employee's dependants or
furniture and effects before all appeals action has been finalised unless
exceptional or particularly difficult circumstances exist.
29.14.3.4 Employees
without dependants may be given assistance with temporary accommodation pending
the completion of any appeals action but are not to move their furniture and
effects until appeals action has been finalised.
29.15 Adjustment of
Entitlements
29.15.1 The
entitlements provided by this clause, shall be adjusted in line with, and from
the same effective dates, as the corresponding entitlements prescribed in the
Crown Employees (Transferred Officers' Compensation) Award.
30. Rental of
Premises
30.1 For the purpose of
this clause only:
30.1.1 "accommodation"
means quarters or premises, including a fire station, owned or leased by the
Department.
30.1.2 "employee"
means a Station Officer or an Inspector.
30.1.3 "market
rental" means the market rental of the property as determined by the
Commissioner in accordance with the Guidelines issued by the DPE.
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 1.4, Rates of Pay, or
50% of the market rental of the accommodation, whichever is the lesser.
30.3 Where an employee
was, on 19 August 1994, entitled to and occupying subsidised accommodation:
30.3.1 Such employee,
subject to subclause 30.3.2, shall continue to pay the amount set at Item 19 of
Table 3 of Part C (as adjusted from time to time in accordance with 30.4) per
week unless the employee subsequently elects to move from that accommodation to
different accommodation. If such an employee so elects, then the Department
shall deduct from the rate of pay of the employee concerned an amount per week
as prescribed in sub-clause 30.2.
30.3.2 And has exercised,
or who has, a right of return transfer pursuant to Clause 30 (i) of the Fire
Brigade Employees' (State) Award as published in NSW Industrial Gazette Volume
263 of 1991, such employee shall retain the right of return transfer. Provided
that the continued entitlement to subsidised accommodation shall expire after a
period of 2.5 years from the date of return transfer.
30.3.3 And is transferred
by the Department from one country location to another country location, such
employee shall retain the benefits of the provisions of sub-clause 30.3 as if
the employee had not been so transferred.
30.4 The amount set at
Item 19 of Table 3 of Part C, shall be increased from the same date and by the
same percentage of any increase to the rate of pay prescribed for a Station
Officer, Level 1. All such increases
shall be rounded off to the nearest 10 cents.
30.5 Firefighters or
employees who have entered into, or subsequently entered into, private tenancy
arrangements with the Department are not entitled to the provisions of this
clause.
Executive Officers
30.6 Except as
provided for in subclause 30.8, 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 1.4 of
Part C or 50% of the market rental of the accommodation, whichever is the
lesser.
30.7 The weekly
equivalent referred to in subclause 30.6 shall be derived by multiplying the
annual salary by 7 and dividing the result by 365.25.
30.8 An Executive
Officer who has entered into, or subsequently enters into private tenancy
arrangements with the Department is not entitled to the provisions of this
clause.
31. Protective
Clothing and Uniforms
31.1 The Department
shall supply to all employees appropriate protective clothing for operational
duties which shall meet relevant national and/or international Standards or as
otherwise agreed to with the Union.
31.2 Employees
supplied with the above clothing shall wear it in accordance with Departmental
instructions.
31.3 The provision of
wet weather gear shall be in accordance with existing practice, or as otherwise
agreed between the parties.
32. Clothes Drying
Facility
32.1 A drying closet
for artificially drying clothing shall be provided by the Department at all
fire stations to which employees are attached.
33. Cleaning of
Clothes
33.1 For the purposes
of this clause:
33.1.1 "Personal
Protective Equipment" means external clothing designed for personal
protection at an incident.
33.1.2 "Duty
wear" means duty wear trousers and duty wear shirt.
33.1.3 "Dress
uniform" is limited to Dress Trousers, Galatea and Pullover.
33.2 Where any
Personal Protective Equipment or Duty wear is supplied by the Department and is
required to be worn by its employees, and such Personal Protective Equipment or
Duty wear becomes soiled or damaged in the execution of duty as to require
cleaning or repairs, such cleaning or repairs shall be done at the expense of
the Department. Provided that the above Dress Uniform items shall also be
cleaned or repaired at the expense of the Department. .
34. Safety Belts
34.1 Safety belts
shall be fitted to all seats on all vehicles operated by the Department which
employees are called upon to drive or to ride upon on a public road. Employees
are required to wear safety belts at all times while driving or a passenger in
a vehicle operated by the Department.
35. Disputes
Avoidance Procedures
35.1 Subject to the
provisions of the Industrial Relations Act 1996, and Clause 36.2, and to
enable claims, issues and disputes to be resolved while work proceeds normally,
the following procedures are to apply.
35.2 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.
35.3 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.
35.4 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.
35.5 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.
35.6 No action is to
be taken by the Union which would affect the Department's operations whilst a
dispute is under investigation.
35.7 Failing agreement
the claim, issue or dispute may be referred to the appropriate Industrial
Tribunal.
36. Organisational
Change under Subclause 36.2
36.1. This clause
recognises the capacity of the Commissioner to make decisions to effect change
within the Department.
36.2. This clause
applies to consultation and decisions regarding clauses 4 (Definitions), clause
8 (Hours of Work), clause 13 (Progression and Promotion Provisions), clause 19
(Examination and Assessment Leave) and clause 39 (Drug and Alcohol Protocol),
to the exclusion of the procedures under clause 35.
36.3 Prior to making
any decision to effect change under the specified clauses the Commissioner must
consult with the Union.
36.4 Consultation will
commence with a written notification to the Union regarding the proposed
change(s). Thereafter there will be a reasonable opportunity for the Union to present
its views in relation to the proposed changes.
36.5 If, during the
consultation process, there is a reasonable basis for the Commissioner to
conclude that the consultation process has been exhausted, the Commissioner
shall advise the Union accordingly and the following procedures shall then
operate.
36.6. The Commissioner
will notify the Union and the workforce affected by the proposed change of
his/her decision in relation to the subject of the proposed change as well as
the process and timetable for its implementation.
36.7 If the matter
remains in dispute and is referred by the Union to the Industrial Relations
Commission within 7 days of the notification of the decision under clause 36.6,
there will be no implementation of the change until the Industrial Relations
Commission determines the matter or orders otherwise.
36.8 The Union and the
Commissioner shall be bound by any
order or determination of the Industrial Relations Commission in relation to
the dispute.
36.9 If Industrial
action is engaged in at any stage in the operation of the process under this
clause, then the prohibition on implementation under clause 36.7 ceases to
operate.
36.10 The operation of
this clause shall be reviewed at the end of one year from the date of its commencement,
for the purpose of considering whether any amendments are appropriate.
37. Acknowledgment of
Applications and Reports
37.1 When an employee
makes an application or a report in writing, to the proper officer, the
employee shall be sent an acknowledgment of its receipt, noting the matter
contained therein.
37.2 The result of an
application shall be communicated to the employee no later than fourteen days
after a decision has been reached. In cases where no decision has been reached
within one month the reason for the delay shall be communicated in writing, to
the employee.
37.3 The provisions of
this clause shall not apply in cases where other procedures are specifically
stipulated (eg, in Standing Orders or In Orders).
38. Procedures
Regarding Reports and Charges
38.1 When an employee
is summoned to appear before the employee's Senior Officer or before the
Department on a charge, appeal or formal inquiry, the employee shall be given
particulars in writing of the charge or allegation, if any, against the
employee, at least forty‑eight hours before the hearing of the charge or
appeal or the opening of the said inquiry. The employee shall be allowed access
personally or by a representative duly authorised in writing by the employee,
to all or any of the official papers, correspondence or reports of the
Department relating to the charge, appeal, or subject of the said inquiry.
38.2 The employee also
shall be allowed to give and to call evidence on the employee's own behalf and
to hear all evidence given.
38.3 If an employee so
requests the employee may be represented by an officer of the Union before the
employee's Senior Officer or the Department on all such occasions.
38.4
38.4.1 No report about an
employee shall be placed on the records or papers relating to that employee
unless the employee concerned has been shown the said report.
38.4.2 If the employee
disagrees with the report, the employee shall be entitled to make such a
notation on the report.
38.4.3 Evidence that the
employee has been shown the report will be by either the employee's signature
thereon, or in accordance with subclause 38.4.4.
38.4.4 Where an employee
refuses to sign the report, such refusal shall immediately be noted upon the
report by the Senior Officer handling the report, in such cases, the Senior
Officer will advise the employee that the refusal to sign will be noted on the
report and that the report, together with such notation, will be placed on the
records or papers relating to that employee.
38.4.5 Further to
subclause 38.4.4, in such circumstances, the Department will notify the Union,
in writing, within seven days of such refusal and the Union shall be given an
opportunity of replying to the report.
38.4.6 If the employee so
desires, any written response from either the employee or the Union shall also
be placed amongst the records or papers relating to the employee or noted
thereon.
38.5 Where the
Department has, for its own purposes, arranged for a transcript to be taken of
proceedings on a charge, appeal or formal inquiry, a copy of such transcript
shall be supplied, free of cost, to the employee concerned if, during the
hearing or at the termination of the proceedings, a request therefore, in
writing, is made by the employee.
38.6 After the Senior
Officer has announced the recommendation or when the Department has made its
decision as the result of a charge or an appeal, the employee concerned shall
be informed thereof, in writing, within seven days after such announcement or
decision has been made or has been given, as the case may be.
38.7 For the purposes
of this clause "Senior Officer" means the employee’s Senior Officer
or an Officer of a higher rank.
39. Drug and Alcohol
Protocol
39.1 The joint Protocol
on Drug and Alcohol Safety and Rehabilitation in the Workplace, signed by the
Department and the Union on 18 March 1998, shall apply to all employees covered
by this Award.
39.2 The Department
may develop a new Protocol following consultation between the Department and
the Union.
40. Salary Packaging
Arrangements, Including Salary Sacrifice to Superannuation
40.1 The entitlement
to salary package in accordance with this clause is available to permanent
full-time employees.
40.2 For the purposes of
this clause:
40.2.1 "salary"
means the salary or rate of pay prescribed for the employee's classification by
clause 6, Rates of Pay and Allowances, Part C of this Award, and any other
payment that can be salary packaged in accordance with Australian taxation law.
40.2.2 "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.
40.3 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:
40.3.1 a benefit or
benefits selected from those approved by the DPE; and
40.3.2 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.
40.4 An election to
salary package must be made prior to the commencement of the period of service
to which the earnings relate.
40.5 The agreement
shall be known as a Salary Packaging Agreement.
40.6 Except in
accordance with subclause 40.7, 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.
40.7 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:
40.7.1 paid into the
superannuation fund established under the First State Superannuation Act 1992;
or
40.7.2 where the
Department is making compulsory employer superannuation contributions to
another complying superannuation fund, paid into the same complying fund; or
40.7.3 subject to the
Department’s agreement, paid into another complying superannuation fund.
40.8 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.
40.9 Where the
employee makes an election to salary package and where the employee is a member
of a superannuation scheme established under the:
40.9.1 Police
Regulation (Superannuation) Act 1906;
40.9.2 Superannuation
Act 1916;
40.9.3 State
Authorities Superannuation Act 1987; or
40.9.4 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.
40.10 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 40.9 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.
40.11 Where the
employee makes an election to salary package:
40.11.1 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
40.11.2 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 6, Rates of Pay and
Allowances, or Part C of this Award if the Salary Packaging Agreement had not
been entered into.
40.12 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.
40.13 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.
41.
Anti-Discrimination
41.1 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.
41.2 It follows that
in fulfilling their obligations under the Disputes Avoidance Procedures prescribed
by Clause 35 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.
41.3 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.
41.4 Nothing in this
Clause is taken to affect:
41.4.1 any conduct or act
which is specifically exempted from anti-discrimination legislation;
41.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
41.4.3 any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
41.4.4 a party to this
Award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
41.5 This Clause does
not create legal rights or obligations in addition to those imposed upon the
parties by legislation referred to in this Clause.
42. Employees’ Duties
42.1 An Employee may
be directed to carry out duties which are within the limits of his or her
skills, competence, and training, in such a manner, as may be required by the
Department, provided that:
42.1.1 the direction is
reasonable, and
42.1.2 the direction is
not otherwise inconsistent with a provision of this Award.
42.2 Any direction
issued by the Department pursuant to subclause 42.1 shall be consistent with:
42.2.1 the provision of a
safe and health working environment,
42.2.2 ensuring that the
Department responds to relevant technological changes and changes in its
operating environment in a timely and effective manner.
42.3 The parties to this
Award shall work collaboratively to ensure the effective and reasonable operation of this clause.
43. Leave Reserved
43.1 Leave is reserved
to the Union to make application during the life of this Award for increased
employer superannuation contributions.
43.2 Leave is reserved
to either party to make application during the life of this Award regarding the
Annual Leave Conversion trial, and the rights of both parties are reserved
regarding its continuation and/or variation and/or termination.
44. Area, Incidence
and Duration
44.1 This Award
rescinds and replaces the Crown Employees (NSW Fire Brigades Firefighting
Staff) Award 2005 published 8 July 2005 (352 I.G. 270), and the Crown Employees
(NSW Fire Brigades Firefighting Staff) Interim Award 2008 made 18 February 2008
in Matter No IRC 85 of 2008.
44.2 This Award shall
apply to all employees as defined in Clause 4, Definitions, of this Award and
shall take effect on and from 18 June 2008, and shall remain in force
until 17 June 2011.
PART C
MONETARY RATES
Table 1.1 - Rates
of Pay
Effective from the beginning of the first full pay period to
commence on or after 24 February 2008 (2. 5% Interim Increase)
Classification
|
Rate
|
Roster
|
Total Weekly Rate
|
|
of Pay
|
Allowance
|
|
Recruit Firefighter
|
899.69
|
0.00
|
899.69
|
Firefighter Level 1
|
999.67
|
43.74
|
1043.41
|
Firefighter Level 2
|
1055.22
|
46.17
|
1101.39
|
Firefighter Level 3
|
1110.75
|
48.60
|
1159.35
|
Qualified Firefighter
|
1110.75
|
48.60
|
1159.35
|
Senior Firefighter
|
1155.21
|
50.54
|
1205.75
|
Leading Firefighter
|
1244.06
|
54.43
|
1298.49
|
Station Officer Level 1
|
1332.85
|
58.31
|
1391.16
|
Station Officer Level 2
|
1388.48
|
60.75
|
1449.23
|
Inspector
|
1651.21
|
72.24
|
1723.45
|
Superintendent
|
$112,871 per annum
|
Chief Superintendent Level 1
|
$116,808 per annum
|
Chief Superintendent Level 2
|
$121,951 per annum
|
Table 1.2 - Rates
of Pay
Effective from the beginning of the first pay period to commence
on or after 29 August 2008 (4.6% Increase, which includes the interim 2. 5%
paid above)
Classification
|
Rate of Pay
|
Roster
|
Total Weekly
|
|
|
Allowance
|
Rate
|
|
$
|
$
|
$
|
Recruit Firefighter
|
918.13
|
00.00
|
918.13
|
Firefighter Level 1
|
1020.15
|
44.63
|
1064.78
|
Firefighter Level 2
|
1076.84
|
47.11
|
1123.95
|
Qualified Firefighter
|
1133.51
|
49.59
|
1183.10
|
Senior Firefighter
|
1178.87
|
51.58
|
1230.45
|
Leading Firefighter
|
1269.55
|
55.54
|
1325.09
|
Station Officer Level 1
|
1360.16
|
59.51
|
1419.67
|
Station Officer Level 2
|
1416.92
|
61.99
|
1478.91
|
Inspector
|
1700.27
|
74.39
|
1774.66
|
Superintendent
|
$115,183 per annum
|
Chief Superintendent
|
$124,450 per annum
|
|
|
|
|
|
|
Table 1.3 - Rates
of Pay
Effective from the beginning of the first pay period to
commence on or after 18 June 2009 (4% Increase)
|
Rate of Pay
|
Roster Allowance
|
Total Weekly Rate
|
|
$
|
$
|
$
|
Recruit Firefighter
|
954.86
|
00.00
|
954.86
|
Firefighter Level 1
|
1060.96
|
46.42
|
1107.38
|
Firefighter Level 2
|
1119.91
|
49.00
|
1168.91
|
Qualified Firefighter
|
1178.85
|
51.57
|
1230.42
|
Senior Firefighter
|
1226.02
|
53.64
|
1279.66
|
Leading Firefighter
|
1320.33
|
57.76
|
1378.09
|
Station Officer Level 1
|
1414.57
|
61.89
|
1476.46
|
Station Officer Level 2
|
1473.60
|
64.47
|
1538.07
|
Inspector
|
1768.28
|
77.36
|
1845.64
|
Superintendent
|
$119,790 per annum
|
|
Chief Superintendent
|
$129,428 per annum
|
|
|
|
|
|
|
Table 1.4 - Rates
of Pay
Effective from the beginning of the first pay period to
commence on or after 18 June 2010 (4% Increase)
|
Rate of Pay
|
Roster Allowance
|
Total Weekly Rate
|
|
$
|
$
|
$
|
Recruit Firefighter
|
993.05
|
00.00
|
993.05
|
Firefighter Level 1
|
1103.40
|
48.27
|
1151.67
|
Firefighter Level 2
|
1164.71
|
50.96
|
1215.67
|
Qualified Firefighter
|
1226.00
|
53.64
|
1279.64
|
Senior Firefighter
|
1275.06
|
55.78
|
1330.84
|
Leading Firefighter
|
1373.14
|
60.07
|
1433.21
|
Station Officer Level 1
|
1471.15
|
64.36
|
1535.51
|
Station Officer Level 2
|
1532.54
|
67.05
|
1599.59
|
Inspector
|
1839.01
|
80.46
|
1919.47
|
Superintendent
|
$124,582 per annum
|
Chief Superintendent
|
$134,605 per annum
|
Table 2.1 - Rates
of Pay
Effective from the beginning of the first full pay period to
commence on or after 24 February 2008 (2.5% Interim Increase)
Classification
|
Rate
|
|
$
|
Operational Support Level 1
|
1315.44 per week
|
Operational Support Level 2
|
1555.00 per week
|
Operational Support Level 3
|
1890.14 per week
|
Operational Support Level 4
|
113,614 per annum
|
Operational Support Level 5
|
121,952 per annum
|
Table 2.2 - Rates
of Pay
Effective from the beginning of the first pay period to
commence on or after 29 August 2008 (4.6% Increase, which includes the interim
2.5% paid above)
Classification
|
Rate
|
|
$
|
Operational Support Level 1
|
1342.39 per week
|
Operational Support Level 2
|
1586.86 per week
|
Operational Support Level 3
|
1928.87 per week
|
Table 2.3 - Rates
of Pay
Effective from the beginning of the first pay period to
commence on or after 18 June 2009 (4% Increase)
Classification
|
Rate
|
|
$
|
Operational Support Level 1
|
1396.09 per week
|
Operational Support Level 2
|
1650.33 per week
|
Operational Support Level 3
|
2006.02 per week
|
Table 2.4 - Rates
of Pay
Effective from the beginning of the first pay period to
commence on or after 18 June 2010 (4% Increase)
Classification
|
Rate
|
|
$
|
Operational Support Level 1
|
1451.93 per week
|
Operational Support Level 2
|
1716.34 per week
|
Operational Support Level 3
|
2086.26 per week
|
Table 2.5 - Rates
of Pay
Effective from the beginning of the first pay period to
commence on or after dates below
Classification
|
29/08/08
|
18/06/09
|
18/06/10
|
Operational Support Level 4
|
115,942
|
120,549
|
125,341
|
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
|
Amount
|
|
|
|
|
24/02/08
|
29/08/08
|
18/06/09
|
18/06/10
|
|
|
|
|
$
|
$
|
$
|
$
|
1
|
6.6.1
|
Laundry expenses
|
per wk
|
29.37
|
29.97
|
31.17
|
32.42
|
2
|
6.6.2
|
Kilometre Allowance
|
per km
|
0.95
|
0.97
|
1.01
|
1.05
|
|
9.7
|
|
|
|
|
|
|
|
12.7
|
|
|
|
|
|
|
|
12.15.4
|
|
|
|
|
|
|
|
12.16
|
|
|
|
|
|
|
3
|
6.6.3
|
Major Aerial Allowance
|
per wk
|
44.34
|
45.25
|
47.06
|
48.94
|
4
|
6.6.4
|
Minor Aerial Allowance
|
per wk
|
16.63
|
16.97
|
17.65
|
18.36
|
5
|
6.6.5
|
BA/Hazmat Allowance
|
per wk
|
88.69
|
90.51
|
94.13
|
97.90
|
6
|
6.6.6
|
Hazmat Support Allowance
|
per wk
|
17.74
|
18.11
|
18.83
|
19.58
|
7
|
6.6.7
|
Communications Allowance,
|
per wk
|
137.89
|
140.72
|
146.35
|
152.20
|
8
|
6.6.8
|
Communications Allowance,
|
per wk
|
149.53
|
152.59
|
158.69
|
165.04
|
|
|
Officers
|
week
|
|
|
|
|
9
|
6.6.9
|
Communications Allowance,
|
per wk
|
174.27
|
177.90
|
185.02
|
192.42
|
|
|
Senior Officers
|
|
|
|
|
|
10
|
6.6.10
|
Country Allowance
|
per wk
|
6.01
|
6.13
|
6.38
|
6.64
|
11
|
6.6.11
|
Remote Area Allowance
|
per wk
|
23.04
|
23.51
|
24.45
|
25.43
|
12
|
6.6.12
|
Rescue Allowance
|
per wk
|
38.54
|
39.33
|
40.90
|
42.54
|
13
|
6.6.13
|
Service Allowance
|
per wk
|
|
|
|
|
|
|
- 5 years or more, but less than
|
|
|
|
|
|
|
|
10 years
|
|
3.57
|
3.64
|
3.79
|
3.94
|
|
|
- 10 years or more, but less than
|
|
|
|
|
|
|
|
15 years
|
|
7.14
|
7.28
|
7.58
|
7.88
|
|
|
- 15 years or more
|
|
10.71
|
10.92
|
11.37
|
11.82
|
14
|
6.6.14
|
Marine Allowance
|
per wk
|
44.34
|
45.25
|
47.06
|
48.94
|
15
|
10.2-
|
Meal Allowance
|
per meal
|
23.60
|
23.60
|
23.60
|
23.60
|
|
10.4
|
|
|
|
|
|
|
16
|
10.2-
|
Refreshment Allowance
|
per meal
|
11.80
|
11.80
|
11.80
|
11.80
|
|
10.4
|
|
|
|
|
|
|
17
|
12.6
|
Relieving Allowance
|
per
|
25.50
|
26.02
|
27.06
|
28.14
|
|
|
|
rostered
|
|
|
|
|
|
|
|
shift
|
|
|
|
|
18
|
25.2.8.4
|
Court Attendance Stand-By
|
|
|
|
|
|
|
|
Rate
|
|
11.92
|
12.16
|
12.65
|
13.16
|
|
|
- Periods of less than 24 hours
|
|
17.88
|
18.23
|
18.96
|
19.72
|
|
|
- Periods of 24 hours
|
|
|
|
|
|
19
|
30.3.1
|
Accommodation Contribution
|
per wk
|
30.40
|
31.10
|
32.30
|
33.60
|
|
|
|
|
|
|
|
|
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.
Table 4 -
Travelling / Transferred Employees Compensation Allowances
Item
|
Clause
|
Description
|
Unit
|
On and from 1 July 2008
|
No
|
No.
|
|
|
$
|
1
|
16.5.2
|
Specified (Casual) Journey Rate
|
Per km
|
|
|
25.2.3
|
(Dependent on Engine Capacity)
|
|
|
|
26.6.4
|
|
|
|
|
29.6.5 &
|
2601cc & over
|
|
30.7 cents
|
|
29.8.1
|
1601 to 2600cc
|
|
28.5 cents
|
|
|
Under 1600cc
|
|
24.0 cents
|
2
|
25.2.8.4
|
Stand By Rate - see Item 17 in Table 3
|
3
|
26.1.3
|
Hourly Rate - Travelling Compensation
|
$ per hour
|
35.42
|
4
|
26.3.1.1
|
Breakfast
|
Per meal
|
##
|
^^
|
|
|
|
|
21.10
|
18.85
|
5
|
26.3.1.2
|
Lunch
|
Per meal
|
##
|
^^
|
|
|
|
|
23.65
|
21.55
|
6
|
26.3.1.3
|
Dinner
|
Per meal
|
##
|
^^
|
|
|
|
|
40.65
|
37.15
|
7
|
26.4.1
|
Accommodation first 35 days (includes
|
Per day
|
|
|
|
all meals)
|
|
|
|
|
- Capital Cities
|
|
$284.30 Sydney
|
|
|
|
|
$246.30 Adelaide
|
|
|
|
|
$299.30 Brisbane
|
|
|
|
|
$234.30 Canberra
|
|
|
|
|
$260.30 Darwin
|
|
|
|
|
$218.30 Hobart
|
|
|
|
|
$263.30 Melbourne
|
|
|
|
|
$249.30 Perth
|
|
|
|
|
|
|
|
- High Cost Country Centres
|
|
$209.30 Maitland
|
|
|
|
|
$217.80 Newcastle
|
|
|
|
|
$216.30 Port Macquarie
|
|
|
- Tier 2 Country Centres
|
|
|
|
|
|
|
$199.45 Bathurst
|
|
|
|
|
$199.45 Broken Hill
|
|
|
|
|
$199.45 Dubbo
|
|
|
|
|
$199.45 Orange
|
|
|
|
|
$199.45 Wagga Wagga
|
|
|
|
|
$199.45 Wollongong
|
|
|
|
|
|
|
|
- Other Country Centres
|
|
$182.45
|
8
|
26.4.2
|
Actual Necessary Expenses - all
|
Per day
|
$15.90
|
|
|
locations
|
|
|
9
|
26.4.3
|
Accommodation - after first 35 days and
|
Per day
|
50% of the appropriate
|
|
|
up to 6 mths
|
|
location rate
|
10
|
26.5
|
Government Accommodation -
|
Per day
|
$15.90
|
|
|
Incidental Expenses - all locations
|
|
|
Table 4 -
Travelling / Transferred Employees Compensation Allowances
Item
|
Clause
|
Description
|
Unit
|
01/07/08
|
No
|
No.
|
|
|
Rate
|
|
|
|
|
$
|
11
|
26.6.5.4 &
|
Official Business Rate
|
Cents per km
|
|
|
29.8.4
|
(Dependant on Engine Capacity)
|
|
|
|
|
|
|
|
|
|
Over 2601cc
|
|
86.2
|
|
|
1601 to 2600cc
|
|
80.3
|
|
|
under 1600cc
|
|
57.5
|
12
|
29.5.1 -
|
Temporary Accommodation
|
$ per week
|
254.00
|
|
29.5.3
|
|
(up to a
|
|
|
|
|
maximum of)
|
|
13
|
29.5.2
|
Board & Lodging expenses to be covered by
|
$ per week
|
51.00
|
|
|
Employee
|
|
|
14
|
29.5.4.1
|
Laundry Allowance - Employee only rate
|
$ per week
|
4.50
|
15
|
29.5.4.2.
|
Laundry Allowance - Employee and Dependants
|
$ per week
|
13.00
|
|
|
rate
|
(actual
|
|
|
|
|
expenses to
|
|
|
|
|
maximum)
|
|
16
|
29.6.2
|
Cost of Insurance of Furniture and Effects in
|
$ (up to a
|
38,000
|
|
|
transit and in Storage
|
maximum of)
|
|
17
|
29.6.3.2
|
Accelerated depreciation of personal/household
|
$ (up to a
|
1,126
|
|
|
effects in transit
|
maximum of)
|
|
18
|
29.6.3.2
|
Value of furnishings and fittings
|
$ (up to a
|
7,037
|
|
|
|
maximum of)
|
|
19
|
29.9.2
|
Board & Lodging to be covered by parent/guardian
|
$ per week
|
27.00
|
20
|
29.9.2
|
Board & Lodging cost for Dependent staying in
|
$ per week
|
56.00
|
|
|
initial location due to Year 12 subjects
|
|
|
21
|
29.10.6 &
|
Relocation - City to Country for sale of property
|
$ (up to a
|
520,000
|
|
29.11.3.2
|
|
maximum of)
|
|
Legend:
Effective Dates are with effect from the first pay period
to commence on or after the date.
## = Capital Cities & High Cost Country Centres.
^^ = Tier 2 Country Centres & Other Country Centres.
|
Table 5 -
Temporary Accommodation Contribution Allowances
Clause
|
Salary of Officer
|
|
Each Dependent
|
No
|
and Spouse
|
|
Child 6 years of
age and over
|
|
|
Per Week
|
(Max. contribution
$54 per week)
|
|
Rate of Pay
|
|
Per Week
|
|
|
|
|
29.5.1
|
$453.62 and over
|
$164
|
$11
|
M. J. WALTON J,
Vice-President.
T. M. KAVANAGH J.
J. P. GRAYSON D.P.
____________________
Printed by
the authority of the Industrial Registrar.