Crown Employees (Fire &
Rescue NSW Tradespersons) Award 2024
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH
WALES
Application by the Australian Manufacturing Workers Union (NSW)
(Case No.342301 of 2024)
|
Before J. McDonald, Commissioner
|
22 May 2026
|
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Definitions
2. Hours
3. Rostered
Days Off
3a. Nine
Day (9) Fortnight
4. Payment
of Wages
5. Rates
of Pay
6. Parties
Bound
7. Relationship
to Acts/Awards for Apprenticeships
8. Union
Subscriptions
9. Fleet
Tradespersons Multi-skilling
10. Fire
Vehicle Repairer and Rescue Equipment Technician Classification Structure &
Labour Flexibility
11. Additional
Wage Rates
12. Special
Rates
13. Team
Leader Allowance and Higher Duties
14. Higher
Grade Pay
15. Authorised
Heavy Vehicle Allowance
16. On
Call Allowance
17. Tool
Allowance
18. Apprentice
Tool Loan
19. Fire
Equipment Allowance
20. Test
and Tag Allowance
21. Apprentice
to Tradesperson
22. Overtime
and Penalty Rates
23. Meal
Allowance
24. Travelling
Time and Fares
25. Travelling
Expenses
26. Annual
Leave
27. Annual
Leave Loading
28. Holidays
29. Extended
Leave
30. Sick
Leave
31. Bereavement
Leave
32. Clothing
33. Insurance
of Tools
34. Procedure
on Charge
35. Anti-Discrimination
35a. Work,
Health, Safety and Environment
35b. Uniforms
and Personal Protective Equipment
36. Term
of Employment
37. Grievance
and Dispute Resolution Procedures
37a. Consultation
38. Personal/Carer’s
Leave
39. Parental
Leave
40. Family
and Community Service Leave
40a. Domestic
and Family Violence Leave
41. Union
Rights
42. Contractors and Supplementary Labour,
Outsourcing
43. Salary
Packaging Arrangements
44. Calculations
45 Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other
Rates and Allowances - from the Crown Employees (New South Wales Fire Brigade -
Maintenance, Construction and Miscellaneous new Award
Table 3 Allowances
- from NSW Fire Brigades Maintenance and Miscellaneous Staff Enterprise
Agreement 2008
PART A
1. Definitions
"Commissioner" means the Commissioner of Fire and
Rescue NSW (FRNSW) holding office as such under the Government Sector Employment Act 2013, or their delegate.
"Industrial
Relations Secretary" means the employer for industrial purposes pursuant
to the Government Sector Employment Act
2013.
"Discharge" means termination of service with
FRNSW as a consequence of retrenchment, reorganisation
or shortage of work or other reason for which FRNSW may not be entirely
responsible.
"Dismissed" means termination of service with
FRNSW for inefficiency, neglect of duty, or misconduct.
"Employee" means all persons who are permanently
or temporarily employed under the Government
Sector Employment Act 2013
and who, as at the operative date of this Award, occupy one of the positions
covered by this Award, or who, after that date, are appointed to or employed in
one of such positions.
"Fire Vehicle Repairer (FVR)” means an employee engaged
in the inspection, servicing, maintenance, repair and testing of FRNSW fire
appliances and associated equipment who holds a relevant trade qualification.
FVR is an amalgamation of the following classifications: Automotive Electrical;
Motor Mechanic; Painter (Vehicle); Fitter and Body Maker. Each of the
individual classifications receive an appropriate tool allowance in addition to
the wage for a Fire Vehicle Repairer.
"FRNSW" means Fire and Rescue NSW.
"Headquarters" means any office, workshop, store,
depot, or other place of employment at which an Employee is regularly required
to work or from which the Employee's work is directly controlled and to which
the Employee has been attached.
"Rescue Equipment Technician (RET)" means an
employee employed in the Rescue Workshop that is engaged in the inspection,
servicing, maintenance, repair and testing of FRNSW rescue tools including
shears, spreaders, power saws etc. RETs must hold and maintain the relevant
qualifications required by FRNSW.
"Resignation" means voluntarily leaving the
service of FRNSW.
"Skilled Trades Award" means the Crown
Employees (Skilled Trades) Award.
"Union" means the:
Automotive, Food, Metals, Engineering, Printing and Kindred
Industries Union, New South Wales Branch;
Electrical Trades Union of Australia, New South Wales
Branch;
New South Wales Fire Brigade Employees Union; and
Construction, Forestry, Mining and Energy Union (New South
Wales Branch)
having regard for their respective coverage.
2. Hours
2.1 The ordinary working hours of
Employees will not exceed 38 hours per week, to be worked not exceeding 8 hours
per day, as determined by FRNSW.
2.1.1 The ordinary working hours of Fire Vehicle Repairers will not exceed
76 hours per fortnight, to be worked not exceeding 8.5 hours per day, as
determined by FRNSW.
2.2 The ordinary working hours of
cleaners will not exceed 35 hours per week, to be worked in shifts not
exceeding 8 hours per day, as determined by FRNSW.
2.3 FRNSW may require an Employee
to perform duty beyond the hours determined under subclause 2.1 of this clause
but only if it is reasonable for the Employee to be required to do so.
Conditions and payment for additional hours will be made at the appropriate
overtime rate in accordance with clause 22 of this Award.
3.
Rostered Days Off
3.1 The
Rostered Day Off (RDO) provisions of clause 2, Hours-Day Workers, of the
Skilled Trades Award, (as defined) shall apply to all Employees covered by this
Award, as varied by the provisions of subclauses 3.2, 3.3, 3.4, 3.5 & 3.6
of this Award.
3.2 RDO
shall be taken in accordance with the roster. Those Employees who are on call
and therefore work on the RDO day as part of the roster will normally take
their RDO on the following Monday when they are off call.
3.3 RDO
are to be taken as and when they fall due unless a special arrangement is
agreed to pursuant to sub clause 3.6.3 or;
3.3.1 under exceptional circumstances, where the clearing of the RDO
day may be delayed, with prior approval.
3.4 Appropriate
records will be kept by FRNSW of the dates on which each Employee takes an RDO.
Such records will be available for perusal by the Employee on request.
3.5 Where
an Employee is asked and elects to work on the pre-determined RDO, in
accordance with subclause 2.1 of clause 2, Hours-Day Workers, of the Skilled
Trades Award (as defined), the compensation paid in accordance with subclause
2.5 of the said clause 2 (i.e. Saturday rates), shall be the Employee’s only
entitlement for working on the RDO.
3.6 Employees
may elect, with the consent of FRNSW, to take a rostered day off at any time.
3.6.1 An Employee may elect, with the consent of FRNSW, to take
rostered days off in part day amounts.
3.6.2 An Employee may elect, with the consent of FRNSW, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between FRNSW and Employee, or subject to reasonable notice by the
Employee or FRNSW.
3.6.3 This subclause is subject to FRNSW informing each Union which is
both party to the Award and which has members employed at the particular enterprise of its intention to introduce an
enterprise system of RDO flexibility and providing a reasonable opportunity for
the Union(s) to participate in negotiations.
3a Nine Day (9) Fortnight
3a.1 Employees covered by this Award may elect to work a 9-day
fortnight.
3a.2 Employees covered by this Award who elect not to work a 9-day
fortnight, will work pursuant to the arrangements expressed in Clause 3.
3a.3 All Employees electing to work a 9-day fortnight shall work 8
hours and 27 minutes per day for nine continuous working days. (This is 8.45 x
9 = 76.05)
3a.4 The following conditions will apply for the taking of a 9-day
fortnight:
3a.4.1 After working 9 days, an Employee may have one day rostered off on
either a Monday or Friday.
3a.4.2 There is to be no more than 5 Employees on a rostered day off on any
day.
3a.4.3 Employees will take 2 rostered days off per four-week period.
3a.4.4 2 days notice is required for a change to
a rostered day off. Less notice period will be considered in reasonable
circumstances.
3a.4.5 Existing shift and roster swap arrangements continue to apply.
3a.5 Employees attached to the Workshop or Field Service Function may
elect to work one of the following two options:
3a.5.1 Commencing time of 06.30 with a lunch break from 12.00 to 12.33 and
a ceasing time of 15.30; or
3a.5.2 Commencing time of 07.00 with a lunch break from 12.00 to 12.33 and
a ceasing time of 16.00.
3a.6 Employees working On-Call and the Lube Service Vehicle shall
work the following:
3a.6.1 Commencing time of 07.30 with a lunch break of 33 minutes and a
ceasing time of 16.30.
3a.6.2 On the last day of the allocated shift, the exiting Employee only
shall commence work in line with 3a.5.1.
3a.7 For the shifts expressed at 3a.5.1; 3a.5.2 and 3a.6.1 the
following conditions will apply:
3a.7.1 A minimum number of 5 Employees will be required for each
commencement and ceasing time on any working day.
3a.7.2 A change to a shift can only occur on a fortnight basis and with
reasonable notice.
3a.7.3 Where shift times are not adhered to within 5 minutes of
commencement and cessation, Employees will be deducted leave without pay in
equivalent increments for each occasion.
4. Payment of Wages
4.1 All wages shall be paid
fortnightly and payment shall be into a bank account specified by the Employee,
or other financial institutions acceptable to FRNSW and Unions.
4.2 Wages shall be paid not later
than Thursday in any pay week.
5. Rates of Pay
5.1 Adult Employees - The minimum
weekly rate of pay for each classification shall be as expressed in Table 1 -
Wages, of Part B, Monetary Rates, and is payable for all purposes of the Award.
This amount incorporates the following; Basic Wage, Margins, Special Loadings,
Trades Allowance and Industry Allowance.
5.2 Juniors - The unapprenticed
juniors employed by FRNSW shall be paid the following percentages of the
appropriate classifications:
|
Age
|
Percentage per week
|
|
|
(%)
|
|
At 17 years of age and under
|
55
|
|
At 18 years of age
|
67.5
|
|
At 19 years of age
|
80
|
|
At 20 years of age
|
92.5
|
6. Parties Bound
6.1 This Award is binding upon
the Industrial Relations Secretary and FRNSW and the following industrial
organisations of Employees:
Automotive, Food, Metals,
Engineering, Printing and Kindred Industries Union, New South Wales Branch;
Electrical Trades Union of
Australia, New South Wales Branch;
New South Wales Fire Brigade
Employees Union; and
Construction, Forestry, Mining and
Energy Union (New South Wales Branch).
7. Relationship to Acts/Awards for
Apprenticeships
7.1 In regards to Apprentices,
this Award shall also be read and interpreted in conjunction with:
7.1.1 the Apprenticeship and Traineeship Act 2001, provided that where
there is any inconsistency between this Act and this Award, the Act shall
prevail to the extent of any inconsistency.
7.2 The Skilled Trades Award (as
defined), provided that where there is any inconsistency between this Award and
the Skilled Trades Award, this Award shall prevail to the extent of any
inconsistency.
8. Union Subscriptions
8.1 FRNSW agrees, subject to
prior written authorisation by an Employee, to deduct Union subscriptions from
the pay of the authorising Employee, in accordance with Treasury Guidelines.
9. Fleet Tradespersons Multi-Skilling
9.1 While Apprentice training
shall be principally focused on those activities specific to each Apprentice’s
trade classification, FRNSW shall, where possible, coordinate and make
available work of a similar nature and skill to that contained in the modules studied
from time to time by the Apprentice as part of their external Technical and
Further Education studies.
9.2 The work of a "similar
nature and skill" referred to in subclause 9.1, shall where appropriate be
made available to Apprentices for the purposes of overtime.
9.3 Employees will identify and
select spare parts as required from the store during normal work hours and
after hours. When using parts from the
store the Employees will record parts usage, utilising the systems provided
which may be written or electronic. Where necessary Employees will provide
information as required to assist in parts identification and provide the part
number itself with reference to manuals - paper and electronic.
9.4 Appliance servicing will
continue in Station on a State-wide basis.
10. Fire Vehicle Repairer and Rescue Equipment
Technician Classification Structure and Labour Flexibility
10.1 In recognition of the skills, knowledge
and experience brought to the performance of tasks by FVRs and RET’s, the
following classification structure applies.
|
Fire Vehicle Repairer
|
Definition
|
% of Weekly Wage
|
|
Level 1
|
Holds relevant Trades certificate
|
100%
|
|
Level 2
|
12 months service at level 1 subject to requirements
at 10.2
|
105%
|
|
Level 3
|
12 months service at level 2 subject to requirements
at 10.2
|
110%
|
|
Level 4
|
12 months service at level 3 subject to requirements
at 10.2
|
115% (up to and
including 2 July 2026);
120% (from 3 July
2026)
|
|
Rescue Equipment
Technician
|
Definition
|
% of Weekly Wage
|
|
Level 1
|
Holds relevant qualification
|
100%
|
|
Level 2
|
12 months service at level 1 subject to requirements
at 10.2
|
105%
|
|
Level 3
|
12 months service at level 2 subject to requirements
at 10.2
|
110%
|
|
Level 4
|
12 months service at level 3 subject to requirements
at 10.2
|
115% (3 July 2024-2
July 2026);
120% (from 3 July
2026)
|
Note: Actual rates are shown in Table 1 in Part B and will be
increased with annual movements to wage and wage related allowances. From 3
July 2026, the Level 4 relativity increases from 115% to 120% of the Level 1
rate.
Progression
10.2 Where an Employee has completed 12 months
service at a level within the FVR or RET classification and the Employee's
manager confirms that the Employee's conduct, performance and attendance is
satisfactory, the Employee will progress to the next level within the
classification.
Leading Hand Allowances
10.3 Leading hand allowances, where applicable,
will be paid in addition to the increment of the Employee in question.
Disputes
10.4 The Grievance and Dispute
Resolution Procedures of this Award should be utilised if any disputes arise
concerning implementation of this clause.
11. Additional Wage Rates
11.1 Electricians - An electrician
who is the holder of a New South Wales electrician's licence shall be paid the
amounts set in Item 1 of Table 2.
12. Special Rates
12.1 Confined Spaces - Working in a
place the dimensions or nature of which necessitates working in a stooped or
cramped position or without sufficient ventilation; the amount set out in Item
1 of Special Rates in Table 3.
12.2 Height Pay - Employees,
working at a height of 7.5 metres from the ground, deck, floor or water shall
be paid the amounts set out in Item 2 of Special Rates in Table 3B. Height shall be calculated from where it is necessary
for the Employee to place their hands or tool in order to carry out the work to
such ground, deck, floor or water. For
the purposes of this subclause, deck or floor means a substantial structure
which, even though temporary, is sufficient to protect an Employee from falling
any further distance. In tidal waters the water level means the mean water
level. This subclause shall not apply to
an Employee working on a suitable scaffold erected in accordance with the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2025. An additional amount set
in Item 2 of Special Rates in Table 3 shall be paid for every metre beyond that
specified in Item 2 of Special Rates in Table 3.
12.3 Roof Work - Employees engaged
in the fixing or repairing of a roof or any other work in excess of 12 metres
from the nearest floor level shall be paid the amount set out in Item 2 of
Special Rates in Table 2 per hour extra with a minimum payment also set out in
Item 2.
12.4 Extra Rates not Cumulative -
When more than one of the above rates provide payment for disabilities of
substantially the same nature then only the highest of such rates shall be
payable.
12.5 Rates not Subject to Penalty
Provisions - The special rates herein prescribed shall be paid irrespective of
the time at which the work is performed and shall not be subject to any premium
or penalty additions.
13. Team Leader Allowance and Higher Duties
13.1 The Team Leader Allowance as provided for in Table 3 of this
Award is in compensation for an Employee being appointed as the supervisor of a
section. Additionally, Team Leaders are required to undertake planning and
scheduling activities as well as provide monthly section reports to the
Operations Manager.
13.2 An Employee covered under this Award engaged for more than five
consecutive weekdays, on duties carrying a higher rate than the Employee’s
ordinary classification or entitling the Employee to a Team Leader allowance,
shall be paid the higher rate or allowance, as the case may be.
13.3 Where payment of the Team Leader allowance
is due because of a temporary vacancy of more than five days, acting up will
not be distributed to Employees or paid in increments of less than 5 days per
Employee. Provided the Employee actually acts up for 5 or more consecutive
days.
13.4 When an Employee covered
by this Award acts up for less than five consecutive days in a position with a
higher rate of ordinary pay than their substantive position, then pursuant to
subclauses 13.2 and 13.3 of this Award, payment will not be made, but the time
worked in that position will be counted for the purpose of subclause 10.4 of
this Award.
14. Higher Grade Pay
14.1 An Employee engaged for more
than five consecutive weekdays, on duties carrying a higher rate than the
Employee's ordinary classification or entitling the Employee to a Team Leader
Allowance shall be paid the higher rate or allowance as the case may be.
14.2 Employees covered under this
Award, who are engaged on duties in a classification appearing in the Crown
Employees (Public Sector - Salaries 2024) Award, or successor, carrying a
higher rate than the Employee's ordinary classification, will be paid a higher
duties allowance on a day by day basis (regardless of how many days such
Employee was acting in the higher graded position). This includes an Employee
who is on-call on a Saturday or Sunday, that is, the higher duties allowance is
payable whilst on-call on a weekend. Such higher duties allowance is payable at
7 hours per day only.
15. Authorised Heavy Vehicle Allowance
15.1 An Authorised Heavy Vehicle
Inspectors allowance is paid to Employees covered under this Award who have
successfully completed the Transport Roads and Maritime Services training
course and therefore have been issued with a Heavy Vehicle Inspectors Number.
15.2 The Heavy Vehicle Inspectors
allowance is provided for in Table 3 of this Award and is paid on a daily
basis. The allowance is paid irrespective of the number of inspections
undertaken. There is no allowance payable per each inspection undertaken. This
allowance is subject to incremental adjustment linked to percentage increases
in adjustments to rates of pay.
15.3 As directed by FRNSW, suitably
qualified FVRs covered by this Award will be required to obtain and maintain a
Heavy Vehicle Inspector Number and undertake inspections as required as part of
their normal duties.
16. On Call Allowance
16.1 An On Call Allowance is paid
to Employees covered under this Award who are working On Call as part of the
normal roster or have been directed to work On Call. Minimum payment for
emergency recall to duty shall be for 4 hours at appropriate penalty rates.
16.2 The On Call allowance provided
for in Table 3A of this Award shall apply to all Employees except those
provided for in subclause 16.3.
16.3 The On Call allowance provided
for in Table 3B of this Award shall apply only to FVRs.
16.4 The On
Call allowance at subclause 16.3 comes into effect from the date this Award was
varied in 2018.
16.5 The On Call allowances at subclauses 16.3 and 16.4 are subject
to incremental adjustment linked to percentage increases in adjustments to
rates of pay.
17. Tool Allowance
17.1 Employees of any of the
following classifications who are required by FRNSW to supply and maintain
tools ordinarily required in the performance of their work shall be paid in
addition to all other payments to which they are entitled under this Award, a Tool
Allowance of the amount per week assigned to the classification as set out in
the Tool Allowance Table of Table 3 - Allowances.
Classification
Bodymaker
Motor Mechanic
Painter (Vehicle)
Panel Beater
Automotive Electrician
Electronic Technician
Instrument Maker
Radio Mechanic
Telephone Mechanic
Fitter
Electronic Tradesperson
Fire Vehicle Repairer
Apprentices
Motor Mechanic
Automotive Electrician
Fitter
Electronic Technician
18. Apprentice Tool Loan
18.1 All new Apprentices to whom
clause 5, Tool Allowance, of the Skilled Trades Award (as defined) applies,
shall be entitled to apply to FRNSW for a zero interest loan up to the value of
$1500.00 for the purpose of equipping themselves, with the pre-requisite tools
and equipment for their classification.
18.2 On behalf of each new
Apprentice, FRNSW will purchase the required tools and equipment from FRNSW’s
recommended supplier.
18.3 The selection of tools and
equipment shall be those identified by FRNSW
or the Team Leader in charge of the Apprentice.
18.4 Upon commencement of
employment, each Apprentice shall be issued with the pre-requisite tools and
equipment for their trade classification. On receipt of the tool issue, title
and ownership of the tools shall become the responsibility of the Apprentice.
18.5 Repayment of the loan shall be
recouped by FRNSW, from the Apprentice’s weekly tool allowance entitlement. The
repayment amount shall equate to the maximum value of the weekly tool allowance
entitlement as prescribed by this Award and or clause 5 of the Skilled Trades
Award (as defined), as varied.
18.6 If for any reason, an
Apprentice’s employment is terminated prior to full repayment of the loan, the
Apprentice shall be liable to repay FRNSW the outstanding balance of the loan
owing. In this regard, FRNSW shall be entitled to deduct from the Apprentice’s
termination payments the value of any outstanding loan.
19. Fire Equipment Allowance
19.1 Employees (with the exception
of RETs) with a minimum of 12 months continuous service covered by this Award
shall be paid a fire equipment allowance, at the rate applicable to their
classification, as set out in Table 3 of this Award, as varied by the
provisions of subclause 19.3 and 19.4.
19.2 RET’s with a minimum of 12 months continuous
service covered by this Award shall be paid a fire equipment allowance for the
period 3 July 2024 to 2 July 2026, at the rate applicable to their
classification, as set out in Table 3 of this Award, as varied by the
provisions of subclause 19.3 and 19.4.
19.3 Apprentices covered by this Award shall be
entitled to be paid at the Non-Trades Staff rate of the allowance, at the rate
applicable to their classification, as set out in Table 3 of this Award after a
minimum of 12 months continuous service.
19.4 The Fire Equipment Allowance prescribed by
this clause is abolished with effect from 3 July 2026 and shall not be payable
on or after that date.
20. Test and Tag Allowance
20.1 This clause applies to
Employees who are qualified and authorised by FRNSW to undertake testing and
tagging of electrical equipment.
20.2 An Employee who is directed to perform testing and tagging of
electrical equipment shall be paid the test and tag allowance prescribed in
Table 3 of this Award.
21. Apprentice to Tradesperson
21.1 An Apprentice who completes a
full four-year apprenticeship with FRNSW and then is appointed as a
Tradesperson, will commence payment as a FVR at the thereafter rate of pay.
22. Overtime and Penalty Rates
22.1 Subject as otherwise provided
in this Award, all time worked in excess of the ordinary weekly hours of work
shall be overtime and shall be paid at the rate of time and one-half for the
first 2 hours, and double time thereafter.
22.2 Each day shall stand alone for
the purpose of computation of overtime pursuant to this paragraph.
22.3 All time worked on a Saturday
shall be at the rate of time and one-half for the first 2 hours and double time
thereafter, provided that where in any case of emergency, an Employee called
out for work after 12 noon on Saturday shall be paid at the rate of double
time.
22.4 All time worked on a Sunday
shall be at the rate of double time and all time worked on a Public Holiday
shall be at the rate of double time and one-half.
22.5 For the purpose of computing
the hourly rate, the weekly rate shall be divided by the number of ordinary
hours per week prescribed for each Employee.
22.6 An Employee required to work 2
hours or more overtime immediately after the usual ceasing time shall be
allowed a meal break of 20 minutes, which shall be paid for at the appropriate
overtime rate.
22.7 The meal break shall be taken
at the commencement of the overtime period or later by mutual arrangement with
the officer for the time being in charge and the Employee.
22.8 An Employee working overtime
shall be allowed a meal break of 20 minutes to be paid at the appropriate
overtime rate, after each 4 hours of overtime actually worked, provided that
the Employee is required to work at least a further 1 hour after the said 4
hours actually worked.
22.9 An Employee whose ordinary
hours do not include Saturday or Sunday or a public holiday shall be allowed
meal breaks with pay only in respect of time worked outside what would be the
usual hours of duty on an ordinary working day.
22.10 Call back - Minimum payment for
emergency recall to duty shall be for 4 hours at appropriate penalty rates.
22.11 An Employee may be directed by
FRNSW to work overtime, provided it is reasonable for the Employee to be
required to do so. An Employee may
refuse to work overtime in circumstances where the working of overtime would
result in the employee working unreasonable hours. In determining what is
unreasonable, the following factors shall be taken into account:
22.11.1 the Employee’s prior commitments outside the workplace,
particularly the Employee’s family and carer responsibilities, community
obligations or study arrangements,
22.11.2 any risk to Employee health and safety,
22.11.3 the urgency of the work required to be performed during
overtime, the impact on the operational commitments of FRNSW and the effect on
client services,
22.11.4 the notice (if any) given by the FRNSW regarding the
working of the overtime, and by the Employee of their intention to refuse
overtime, or
22.11.5 any other relevant matter.
23. Meal Allowance
23.1 An Employee required to work
overtime for 1 1/2 hours or more shall be paid the amount set in Item 1 of Meal
Allowance in Table 3 for a meal. After the completion of each 4 hours on
continuous overtime shall be paid the amount also set in Item 2 of Meal Allowance
in Table 3 for each subsequent meal in addition to their overtime payment, but such payment need not
be made to Employees living in the same locality as their place of work who can
reasonably return home for meals.
23.2 An Employee whose ordinary
hours do not include a Saturday or Sunday or public holiday, shall receive the
meal allowance prescribed by this clause when the time is worked outside what
would be the usual hours of duty on an ordinary working day.
24. Travelling Time and Fares
24.1 An Employee shall be required
to proceed to their headquarters and to
return to their home at ordinary
starting and ceasing time at least once on each ordinary working day in the
Employee's own time and expense.
24.2 An Employee other than an
Employee classified as a builder's labourer and who is required to work
temporarily or is transferred to work temporarily at a point distant from their
headquarters shall be paid travelling time for such period at the rate set out
in Item 1 of Travelling Time and Other Fares in
Table 3 for each day to compensate for excess fares and travelling time
to and from places or work, provided that the allowance shall not be payable if
the Employer provides or offers to provide transport free of charge to the
Employee, in which case an allowance also set in Item 2 of Travelling Time and
Other Fares in Table 3 per day shall be paid.
24.3 An Employee classified as a
labourer-builder shall be paid the amount also set in Item 1 of Travelling Time
and Other Fares in Table 3 per day as a fare allowance and travelling allowance
for travel patterns and costs peculiar to the industry which includes mobility
requirements on Employees and the nature of employment on construction work.
24.4 Subject to the foregoing
provisions, a fare shall be deemed to have been incurred if the Employee has
used a bicycle or other means of locomotion or has walked instead of using
public conveyance.
24.5 Excess travelling time and
fares shall not be payable in the case of an Employee permanently transferred
or appointed to a new headquarters, in which case the new location shall become
headquarters for the purpose of this clause from the date of attachment to the
new location.
24.6 Where an Employee is sent
during working hours from one location to another, FRNSW shall pay all
travelling time and fares incurred in addition to the amount it may be liable
to pay under this clause.
25. Travelling Expenses
25.1 An employee required to travel on authorised FRNSW business away from
their usual workplace will be entitled to reimbursement or allowances in
accordance with this clause.
25.2 FRNSW will reimburse an employee for the actual cost reasonably
incurred for authorised travel by aircraft, rail, road, boat or otherwise.
25.3 FRNSW will require employees to
obtain an authorisation for all official travel prior to incurring any travel
expense.
25.4 Where available at a particular
centre or location, the overnight accommodation to be occupied by employees who
travel on official business will be the middle of the range standard, referred
to generally as three star or three diamond standard of
accommodation.
25.5 FRNSW will elect whether to pay
the accommodation directly or whether an employee should pay the accommodation
and be compensated in accordance with this clause. Where
practicable, employees will obtain prior approval when making their own
arrangements for overnight accommodation.
25.6 If meals are provided by
FRNSW at the temporary work location, the employee will not be entitled to
claim the meal allowance.
25.7 Where an employee is required to stay overnight whilst travelling on
authorised FRNSW business, the employee will be paid the applicable travelling
allowance prescribed in Table 4 of Part B for each day of authorised travel
requiring overnight accommodation.
25.8 The travelling allowance prescribed in Table 4 of Part B is inclusive
of accommodation, meal and incidental expenses. Where accommodation is provided
by FRNSW, the travelling allowance will not be payable and the employee will
instead be entitled only to the applicable meal and incidental allowances
prescribed in Table 4 of Part B.
25.9 Where an employee has been
required to undertake multi-day travel, on the final day of travel, being the
day on which the employee returns to their usual workplace or residence:
(a) no travelling allowance will be payable; and
(b) the employee will be reimbursed for actual meal expenses reasonably
incurred during the return journey, upon production of receipts or other
evidence satisfactory to FRNSW.
25.10 Where an employee undertakes authorised travel which does not require
overnight accommodation, the employee will be entitled to the applicable meal
allowance prescribed in Table 4 of Part B where:
(a) Breakfast when required to commence travel at or before 6.00 a.m. and at
least 1 hour before the prescribed starting time;
(b) Lunch when required to travel a total distance on the day of at least
100 kilometres and, as a result, is located at a distance of at least 50
kilometres from the staff member’s normal headquarters at the time of taking
the normal lunch break; and
(c) An evening meal when required to travel until or beyond 6.30 p.m
25.11 The meal, accommodation and incidental allowances expressed in Part B
Table 4 will be adjusted on 1 July each year regardless of the date of issue of
the relevant Circular by NSW Premiers Department. The amounts shall be in line
with the corresponding allowance amounts published by the Australian Taxation
Office for the relevant financial year.
26. Annual Leave
26.1 Every Employee shall be
entitled to 4 weeks leave of absence, exclusive of public holidays, on the
completion of each 12 months service, such leave shall be taken within 6 months
after it becomes due, and reasonable notice be given by either party when leave
is to commence. This clause governs the
time in which past Annual Leave accrual should be taken with the exception
provided for in subclause 26.6. In other
words, an Employee should work towards taking their Annual Leave from the year
before in the first 6 months of the following year, however if there are
reasons to the satisfaction of the Employee and management of why this cannot
be accomplished, then subclause 26.6 provides for flexibility.
26.2 Where an Employee with one or
more months' service but less than 12 months' service is discharged, dismissed,
resigns, retires or dies, the Employee or their legal personal representative
shall be paid for each completed week of service an amount equal to one-twelfth
of the Employee's ordinary weekly rate payable at the date of the termination
of service.
26.3 After the first completed year
of service annual leave shall accrue at the rate of one and two-third days for
each completed month of service.
26.4 The Annual Leave provisions of
clause 31, General Leave Conditions and Accident Pay, of the Skilled Trades
Award (as defined), shall apply, as varied by the provision of subclauses 26.5
and 26.6 to all Employees covered by this Award.
26.5 Annual Leave shall be subject
to pre-approval at least 5 weekdays prior and if approved may be taken in
consecutive or single days.
26.6 The parties agree to jointly
work towards reducing each Employee’s accrual of Annual Leave to the
accumulation of 20 days plus the current year’s entitlement. The only
exceptions being, in the case of family emergencies, or with prior notification
of a planned extended holiday.
27. Annual Leave Loading
27.1 Employees shall be granted an
annual leave loading equivalent to 17 1/2 per cent of 4 weeks' ordinary salary
or wages.
27.2 The full entitlement to the
loading on annual leave that the Employee has accrued over the previous leave
year is to be paid to the Employee on the first occasion sufficient annual
leave is taken to permit an absence from duty of at least 2 consecutive weeks
after 1 December in any year.
27.3 The loading will apply only to
leave accrued in the year ending the preceding 30 November, up to a maximum of
4 weeks. Leave and salary records are
then to be endorsed to indicate that payment of the annual leave loading for
the year ended 30 November previous has been made.
27.4 In the event of no such
absence occurring by 30 November of the following year, the Employee being
still employed, is to be paid the monetary value of the annual leave loading
payable on leave accrued as at 30 November to the previous leave year notwithstanding
that the Employee has not entered on leave.
The leave and salary records are to be endorsed to indicate that payment
of the annual leave loading for the previous leave year has been made.
27.5 There shall be a leave year
ending 30 November in every year. The
above scheme will first apply to leave taken on or after 1 December 1974, being
leave accrued during the 12-month period to 30 November 1974.
27.6 The annual leave loading is
not payable when an Employee is granted annual leave to the Employee's credit,
or the monetary value thereof, on resignation, retirement, termination of
employment, dismissal, etc.
27.7 Broken service during a year
does not attract the annual leave loading, e.g., if an Employee resigns and is
subsequently re-employed during the same year, only the service from the date
of re-employment attracts the annual leave loading, subject to the foregoing
conditions.
27.8 Rate of Payment – The annual
leave loading is to be calculated on the salary or wage rate paid for the leave
when taken, i.e., new rates granted by Award, agreement, determination,
national wage case decision, increment, etc., during the period of leave are to
be taken into account unless otherwise prescribed by Award or agreement and, if
necessary, retrospective adjustment of the loading is to be made. Where payment is made as at 30 November,
because no period of 2 weeks leave has been taken during the year, the payment
is to be calculated at the rate which would have been paid had the leave been
taken at 30 November.
27.9 Provided adequate notice is
given, the annual leave loading will be paid prior to entry on leave, normally
at the same time as the advance on salary or wages.
27.10 In the case of an Employee sent
on annual leave pending an inquiry into the Employee’s services, the annual
leave loading is not to be paid.
27.11 Retrospective payments will be
made to Employees who have qualified to receive payment of the annual leave
loading since 1 December 1974.
28. Holidays
28.1 Subject to subclause 28.2 of
this clause, the days on which New Year's Day, Australia Day, Good Friday,
Easter Monday, Anzac Day, Queen's Birthday, Bank Holiday (in lieu of picnic
days), Labour Day, Christmas Day, Boxing Day and/or specially proclaimed holidays
in any year are observed shall be holidays. An Employee shall be entitled to
these holidays without loss of pay.
28.2 An Employee who is absent from
duty without reasonable cause on the working day prior to and/or the working
day following any holiday shall not be entitled to payment for such holiday.
29. Extended Leave
29.1 Extended Leave, calculated
from the date of appointment to the service, shall accrue in accordance with
the following entitlement:
29.1.1 After service for 10 years,
leave for 2 months on full pay or 4 months on half pay.
29.1.2 After service in excess of 10
years:
29.1.2.1 leave pursuant to paragraph 29.1.1, of this subclause; and
29.1.2.2 in addition, an amount of leave proportionate to the length
of service after 10 years.
29.1.3 Extended Leave shall not include
annual leave but shall include public holidays occurring during the period when
such leave is taken.
29.2 Where the service of an
Employee with at least 5 years' service and less than 7 years' service is
terminated by FRNSW for any reasons or by the Employee on account of illness,
incapacity or domestic or other pressing necessity, the Employee shall be entitled
after 5 years' service to one month's leave on full pay and for service after 5
years', to a proportionate amount of leave on full pay calculated on the basis
of 3 months leave for 15 years' service.
29.3 In the event of the death of
an Employee the value of Extended Leave due shall be paid to such dependants as
FRNSW shall determine.
29.3.1 In the event of the termination
of the employment of an Employee for any reason other than death, the money
value of Extended Leave due to the Employee shall be paid to such Employee as a
gratuity.
29.3.2 Extended leave as provided by
this clause, shall, subject to the exigencies of the service, be granted by the
FRNSW as and when such leave becomes due (i.e. after 7 years) or at any time
thereafter; provided that notice in writing of intention to take such leave
shall be given to the FRNSW by the Employee concerned at least 30 days before
the date on which the Employee desires that such leave should commence.
29.4 Notwithstanding anything
elsewhere provided by this clause:
29.4.1 Employees may apply to take
pro-rata Extended leave after the completion of 7 years of service.
Additionally, Employees with such service shall be entitled to pro-rata
Extended Leave on resignation or termination.
29.4.2 Employees may apply to take a
period of Extended leave at double pay provided that:
29.4.2.1 The additional payment will be made as a non-superable
taxable allowance payable for the period of the absence from work.
29.4.2.2 The Employees’ 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.
29.4.2.3 Other leave entitlements, e.g. recreation leave, sick leave
and Extended leave will accrue at the single time rate where an Employee takes
Extended leave at double time.
29.4.2.4 Superannuation contributions will only be made on the basis
of the actual absence from work, i.e. at that single time rate.
29.4.3 Where a public holiday falls
during a period of Extended leave the Employee shall be paid for that day and
additionally it shall not be deducted from the period of leave.
29.4.4 In respect of public holidays
that fall during a period of double pay Extended 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.
30. Sick Leave
30.1 An Employee shall be allowed
15 working days sick leave with pay within each 12 months period of
entitlement; provided, however, that all such sick leave in excess of 2 days
within each period shall only be granted on the submission of a medical
certificate which shall be to the satisfaction of FRNSW.
30.2 Sick leave not taken shall be
cumulative to a maximum period of 120 days but payment of the monetary
equivalent of sick leave not taken shall not be made.
30.3 Where an Employee with 10 or
more years' service has taken all sick leave entitlement, FRNSW may, at its
discretion, grant further sick leave with or without pay.
31. Bereavement Leave
31.1 In no way restricting the
right of FRNSW to grant leave for
compassionate reasons in other circumstances, an Employee shall, on the death
within Australia of a wife, husband, parent, brother, sister, child, stepchild,
grandparent, parent-in-law, brother-in-law, sister-in-law, son-in-law,
daughter-in-law or grandchild, be entitled, on notice, to leave up to and
including the day of the funeral of such relation and such leave shall be
without deductions of pay for a period not exceeding 2 ordinary working
days. Proof of such death, shall, if
requested, be furnished by the Employee to the satisfaction of FRNSW; provided,
however, that this clause shall have operation whilst the period of entitlement
to leave under it coincides with any other period of entitlement to leave.
31.2 For the purpose of this
clause, the words "wife" and "husband" shall include a
person who lives with the Employee as a de facto spouse.
31.3 Bereavement entitlements for
casual employees
31.3.1 Subject to the evidentiary and
notice requirements in clause 31.1 casual employees are entitled to not be
available to attend work, or to leave work upon the death in Australia of a
person prescribed in subclause 38.1.3 of clause 38 Personal/Carers Leave.
31.3.2 FRNSW and the casual employee
shall agree on the period for which the casual employee will be entitled to not
be available to attend work. In the absence of agreement, the casual employee
is entitled to not be available to attend work for up to 48 hours (i.e. 2 days)
per occasion. The casual employee is not entitled to any payment for the period
of non-attendance.
31.3.3 FRNSW must not fail to re-engage
a casual employee because the casual employee accessed the entitlements
provided for in this clause. The rights of FRNSW to engage or not engage a
casual employee are otherwise not affected.
32. Clothing
32.1 Clothing, tools or any
articles issued to employees shall be worn or used only in the course of their
duties.
32.2 Clothing or other articles
shall be issued to such Employee as FRNSW approves where in its opinion such
clothing or article is necessary for:
32.2.1 Uniformity of appearance,
32.2.2 Protection against material
which destroy or damage ordinary clothing,
32.2.3 Protection against weather, and
32.2.4 Protection against injury to the
Employee.
32.3 An Employee shall be
responsible for the care and upkeep of any clothing issued and new clothing
shall not be issued until the previous clothing has been returned to the store
and its loss satisfactorily accounted for.
32.4 An Employee shall also be
responsible for tools, equipment and other articles issued or for their loss or
damage through misuse or negligence.
32.5 An Employee shall replace any
such clothing, tools, equipment or other articles so lost or damaged through
the Employee's misuse or negligence or pay such amount in respect thereof which
the FRNSW shall determine.
32.6 Where full uniform is supplied
by FRNSW and is required to be worn by an Employee and such uniform becomes
soiled or damaged in the execution of duty so as to require dry cleaning or
repairs, such dry cleaning and repairs shall be done at the expense of the
FRNSW.
33. Insurance of Tools
33.1 In respect of those Employees
entitled under this Award to a tool allowance FRNSW shall insure and shall keep
insured against loss or damage by fire whilst on FRNSW’s premises, such tools
of the Employee which are used in the course of their employment. The Employee
shall if requested to do so furnish FRNSW with a list of their tools so used.
33.2 Any such Employee shall be
entitled to be reimbursed for the loss of tools up to the value set out in Item
1 of Insurance of Tools of Table 3, provided such tools are lost by theft from
a breaking and entering outside working hours while the tools are stored at the
FRNSW's direction on the job.
34. Procedure on Charge
34.1 When an Employee is summoned
to appear before a senior representative of FRNSW on a charge, appeal, or other
formal inquiry not being a preliminary investigation, the Employee shall be
given particulars; in writing, of the charge or allegation if any, against the
Employee at least 48 hours before the hearing of the charge or appeal or the
opening of the said inquiry and shall be allowed access, personally or by a
representative duly authorised by the Employee in writing to all or any of the
official papers, correspondence or reports of the FRNSW relating to the charge,
appeal or subject to the said inquiry.
34.2 The Employee also shall be
allowed to give and call evidence on the Employee's own behalf and to hear all
evidence given.
34.3 If an Employee so requests,
the Employee may be represented by an Officer of the Union before such senior
representative of FRNSW on all such
occasions.
34.4 No adverse report about an
Employee shall be placed among the records or papers relating to the Employee
or noted thereupon unless the Employee concerned shall have been shown the said
report which shall be evidenced by the Employee's signature thereupon unless
the Employee refuses to sign in which case the Union shall be notified by FRNSW
in writing within 7 days of such refusal, and shall have been given an
opportunity of replying to the report. If the Employee so desires a reply, it
shall be in writing, which, together with the adverse report, also shall be
placed amongst the records or papers relating to the Employee or shall be noted
thereupon.
34.5 Where FRNSW has for its own
purpose caused a transcript copy of proceedings on a charge, appeal or formal
inquiry to be taken, 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.
34.5.1 After the senior representative
of FRNSW has announced the recommendation or when FRNSW has made its decision
as the result of a charge or an appeal, the Employee concerned shall be
informed thereof in writing within 7 days after such announcement or decision
has been made or has been given as the case may be.
35. Anti-Discrimination
35.1 It is the intention of the
parties bound by this Award to seek to achieve the object in section 3(f) of
the Industrial Relations Act 1996
to prevent and eliminate discrimination in the workplace. This includes
discrimination on the grounds of race, sex, marital status, disability, sexual orientation, gender identity, age, and
responsibilities as a carer.
35.2 It follows that in fulfilling
their obligations under the dispute resolution procedure prescribed by this
Award the parties have obligations to take all reasonable steps to ensure that
the operation of the provisions of this Award are not directly or indirectly
discriminatory in their effects. It will
be consistent with the fulfilment of these obligations for the parties to make
application to vary any provision of this Award which, by its terms or
operation, has a direct or indirect discriminatory effect.
35.3 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.
35.4 Nothing in this clause is to
be taken to affect:
35.4.1 any conduct or act which is
specifically exempted from anti-discrimination legislation;
35.4.2 offering or providing junior
rates of pay to persons under 21 years of age;
35.4.3 any act or practice of a body established to propagate religion
which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
35.4.4 a party to this Award from
pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
35.5 This clause does not create
legal rights or obligations in addition to those imposed upon the parties by
the legislation referred to in this clause.
35.5.1 Employers and employees may also
be subject to Commonwealth Anti-Discrimination legislation.
35.5.2 Section 56(d) of the Anti-Discrimination
Act 1977 provides;
"Nothing in the Act affects
.... any other act or practice of a body established to propagate religion that
conforms to the doctrines of that religion or is necessary to avoid injury to
the religious susceptibilities of the adherents of that religion."
35a. Work Health, Safety and Environment
35a.1 Employee rights with respect to Work Health
and Safety are under the Work Health and Safety Act 2011. FRNSW internal
WHS policies are underpinned by the Work Health and Safety Act 2011 and
available for all Employees on FRNSW’s intranet.
35b. Uniforms and Personal Protective Equipment
35b.1 FRNSW will provide Employees
covered by this Award, with uniforms and where required, Personal Protective
Equipment (PPE). These will be suitable and appropriate to the type of work
activity being undertaken and the risks involved in those types of work activity.
35b.2 Uniform and PPE, where required
will be provided by FRNSW, at no cost to the Employee.
35b.3 Reasonable alteration to the
uniform and PPE for an Employee’s individual needs will be undertaken by FRNSW
at no cost to the Employee where required.
35b.4 Where a uniform, protective
clothing or equipment is provided, it must be correctly worn or utilised while
the Employee is on duty.
35b.5 Employees will take reasonable
care of uniforms, protective clothing or equipment which will remain at all
times the property of FRNSW. Worn or defective items of uniform, protective
clothing or equipment must be reported to the applicable supervising officer.
35b.6 FRNSW will replace uniforms,
protective clothing and equipment on a “fair wear and tear” basis.
35b.7 If FRNSW intends to make
significant changes to uniforms and or protective clothing and equipment, it
will undertake consultation in accordance with the provisions outlined in
Clause 37a (Consultative Process).
35b.8 Where Uniform Committees are
established, they will wherever practicable and subject to procurement rules
consider procuring uniforms and PPE from Australian suppliers of Australian
made uniforms and PPE.
Medical Requirements
35b.9 Where there is a medical
requirement and it is needed for the task, prescription eye wear, alternate
footwear or other specialty aids, devices and equipment will be provided by
FRNSW to ensure control of safety hazards associated with the task.
36. Term of Employment
36.1 Except for misconduct
justifying summary dismissal, the services of an Employee may be terminated
only on the relevant period of notice as set out below
|
Period
of continuous service
|
Minimum
notice period
|
|
One year
or less
|
One week
|
|
Between
one and three years
|
Two weeks
|
|
Between
three and five years
|
Three
weeks
|
|
More than
five years
|
Four
weeks
|
36.2 If the Employee is over the
age of 45 at the time of termination and has a continuous period of service
with FRNSW of two years or more, FRNSW must provide an additional week’s notice
in addition to the notice period specified in sub-clause 36.1 above.
36.3 An Employee who resigns from
their employment must provide the Employer with notice of their resignation of
the duration specified in the table to 36.1 above.
36.4 This
shall not affect the right of FRNSW to dismiss any Employee without notice for
inefficiency, neglect of duty or misconduct and in such cases wages shall be
paid up to the time of dismissal only.
36.5 For the purposes of meeting
the needs of the industry, FRNSW may require any Employee to work reasonable
overtime, including work on Saturdays, Sundays and public holidays at the rate
prescribed in this Award, and unless reasonable excuse exists the Employee
shall work in accordance with such requirements.
36.6. In the event of wet weather,
no deduction from wages shall be made subject to the following conditions:
36.6.1 An Employee shall continue
working until such time as the officer in charge orders the Employee to cease
work.
36.6.2 An Employee shall stand by as
directed by the officer in charge.
36.6.3 An Employee shall report for
duty as directed.
36.7 The absence of an Employee
from work for a continuous period exceeding 5 working days without the consent
of FRNSW and without notification to
FRNSW shall be prima facie evidence that the Employee has abandoned employment.
36.8 Provided that if within a
period of 14 days from the Employee's last attendance at work or the date of
the Employee's last absence in respect of which notification has been given or
consent has been granted an Employee has not established to the satisfaction of
the FRNSW that the absence was for reasonable cause, the Employee shall be
deemed to have abandoned employment.
36.9 Termination of employment by
abandonment in accordance with this subclause shall operate as from the date of
the last attendance at work or the last day's absence in respect of which
consent was granted, or the date of the last absence in respect of which
notification was given to FRNSW, whichever is the later.
36.9.1 No payment in respect of wages,
annual leave or Extended leave shall be assigned or charged to any person but
shall be paid to the Employee entitled thereto or may be paid to the Employee
entitled thereto or may be paid to a person authorised by the Employee to
receive the same.
36.9.2 FRNSW shall be entitled to
deduct out of an Employee's wages such sum as the Employee requests in writing
in respect of contributions or payments for purposes approved by FRNSW.
37. Grievance and Dispute
Resolution Procedures
37.1 All grievances and disputes
relating to the provisions of this Award shall initially be dealt with as close
to the source as possible, with graduated steps for further attempts at
resolution at higher levels of authority within FRNSW, if required.
37.2 An Employee is required to
notify in writing their immediate manager, as to the substance of the
grievance, dispute, or difficulty, request a meeting to discuss the matter, and
if possible, state the remedy sought.
37.3 The immediate manager shall
convene a meeting in order to resolve the grievance, dispute or difficulty
within 2 working days, or as soon as practicable, of the matter being brought
to attention.
37.4 If the matter remains
unresolved with the immediate manager, the Employee may request to meet the
appropriate person at the next level of management in order to resolve the
matter. This manager shall respond within 2 working days, or as soon as
practicable. This sequence of reference to successive levels of management may
be pursued by the Employee until the matter is referred to the Commissioner.
37.5 The Commissioner may refer the
matter to the Industrial Relations Secretary for consideration.
37.6 If the matter remains
unresolved, the Commissioner shall provide a written response to the Employee
and any other party involved in the grievance, dispute or difficulty,
concerning action to be taken, or the reason for not taking action, in relation
to the matter.
37.7 An Employee, at any stage, may
request to be represented by their Union.
37.8 The Employee or the Union on
their behalf, or the Commissioner may refer the matter to the New South Wales
Industrial Relations Commission if the matter is unresolved following the use
of these procedures.
37.9 The Employee , Union, FRNSW
and Industrial Relations Secretary shall agree to be bound by any order or
determination by the New South Wales Industrial Relations Commission in
relation to the dispute.
37.10 Whilst the procedures outlined
in subclauses 37.1 to 37.9 of this clause are being followed, normal work
undertaken prior to notification of the dispute or difficulty shall continue
unless otherwise agreed between the parties, or, in the case involving occupational
health and safety, if practicable, normal work shall proceed in a manner which
avoids any risk to the health and safety of any Employee or member of the
public.
37a. Consultation
37a.1 This clause recognises the
capacity of the Commissioner to make decisions to effect change within FRNSW.
This clause also recognises that where FRNSW seeks to introduce or implement
any major change that significantly affects Employees, provisions of this Award
and/or the employment relationship, such change will be the subject of
consultation with the Unions and the affected Employees.
37a.2 FRNSW must genuinely consult
before any decision to implement such change is finalised. Such consultation
must occur as early as possible and cover the introduction of such changes, the
effects they are likely to have and the measures for averting or mitigating the
adverse effects of the proposed change/s.
37a.3 Consultation as defined for the
purposes of this Award means the full, meaningful and candid disclosure and
discussion of issues and proposals with a genuine consideration of each party’s
views. The consultation process requires full disclosure of the proposed change
including relevant information pertaining to it, and an opportunity for the
Unions to consider and respond to the proposed change, along with an
opportunity to provide an alternative proposal. Consultation shall provide a
genuine opportunity to affect the outcome of change prior to FRNSW making a
final decision and implementation of change/s.
37a.4 If there is a
matter which remains in dispute regarding a decision to be implemented, as
notified by the Commissioner and/or FRNSW to the Unions and Employees, the
Union can follow the dispute procedure set out at clause 37, however, may
commence those procedures from sub-clause 37.8, that is by referral to the New
South Wales Industrial Relations Commission.
38. Personal/Carer’s Leave
38.1 Use of Sick Leave -
38.1.1 An Employee, other than a casual
employee, with responsibilities in relation to a class of person set out in
38.1.3 who needs the Employee’s care and support, shall be entitled to use, in
accordance with this subclause, any current or accrued sick leave entitlement,
provided for at clause 30 of the 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.
38.1.2 The Employee shall, if required,
establish either 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
subclause where another person has taken leave to care for the same person.
38.1.3 The entitlement to use sick
leave in accordance with this subclause is subject to:
38.1.3.1 the Employee being responsible for the care of the person
concerned; and
38.1.3.2 the person concerned being:
38.1.3.2.1 a spouse of the Employee; or
38.1.3.2.2 a de facto spouse, who, in relation to a person, is a person
of the opposite sex to the first mentioned person 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
38.1.3.2.3 a child or an adult child (including and adopted child, a step
child, 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
38.1.3.2.4 a same sex partner who lives with the Employee as the de facto
partner of that Employee on a bona fide domestic basis; or
38.1.3.2.5 a relative of the Employee who is a member of the same
household, where for the purposes of this paragraph:
(i) "relative"
means a person related by blood, marriage or affinity;
(ii) "affinity" means
a relationship that one spouse because of marriage has to blood relatives of
the other; and
(iii) "household" means
a family group living in the same domestic dwelling.
38.1.4 An Employee shall, wherever
practicable, give FRNSW notice prior to the absence of the intention to take
leave, the name of the person requiring care and that person’s 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 FRNSW by telephone of such absence at the
first opportunity on the day of absence.
38.2 Unpaid Leave for Family
Purpose -
38.2.1 An Employee may elect, with the
consent of FRNSW, to take unpaid leave for the purpose of providing care and
support to a member of a class of person set out in 38.1.3 above who is ill.
38.3 Time Off in Lieu of Payment
for Overtime -
38.3.1 An Employee may elect, with the
consent of FRNSW, to take time off in lieu of payment for overtime at a time or
times agreed with FRNSW within 12 months of the said election.
38.3.2 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.
38.3.3 If, having elected to take time
as leave in accordance with paragraph 38.3.1 above, the leave is not taken for
whatever reason, payment for time accrued at overtime rates shall be made at
the expiry of the 12-month period or on termination.
38.3.4 Where no election is made in
accordance with paragraph 38.3.1, the Employee shall be paid overtime rates in
accordance with the Award.
38.4 Make-up Time -
38.4.1 An Employee may elect, with the
consent of FRNSW, 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 the Award, at the ordinary rate of
pay.
38.4.2 An Employee on shift work may
elect, with the consent of FRNSW 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.
38.5 Personal Carers Entitlement
for casual employees -
38.5.1 Subject to the evidentiary and
notice requirements in 38.1.2 and 38.1.3 casual employees are entitled to not
be available to attend work, or to leave work if they need to care for a person
prescribed in subclause 38.1.3.2 of this clause who are sick and require care
and support, or who require care due to an unexpected emergency, or the birth
of a child.
38.5.2 FRNSW and the casual employee
shall agree on the period for which the casual employee will be entitled to not
be available to attend work. In the absence of agreement, the casual employee
is entitled to not be available to attend work for up to 48 hours (i.e. 2 days)
per occasion. The casual employee is not entitled to any payment for the period
of non-attendance.
38.5.3 FRNSW must not fail to re-engage
a casual employee because the casual employee accessed the entitlements
provided for in this clause. The rights of FRNSW to engage or not to engage a
casual employee are otherwise not affected.
39. Parental Leave
39.1 Eligibility
for Paid Parental Leave
39.1.1 An Employee who
has, or will have completed not less than 40 weeks’ continuous service (at the
expected date of birth, time of adoption, time of altruistic surrogacy or the
ongoing placement of a child) is entitled to up to 14 weeks paid parental leave
if the leave is associated with:
39.1.1.1 the birth of a child (or
children from a multiple birth) of the Employee, the Employee’s partner or the
Employee’s legal surrogate, the adoption of a child (or children) under 18
years of age by the Employee or the Employee’s partner, or the ongoing placement
of a child or young person (or children or young persons) under 18 years of age
with the Employee or the Employees’ partner; and
39.1.1. 2 the Employee has or will have responsibility for the
care of the child or young person.
39.1.2 Paid
parental leave must be taken in a single continuous period within the first 24
months from the date of birth, adoption, altruistic surrogacy, or ongoing
placement. For birth-related leave, paid parental leave may commence prior to the time
of birth as provided for in subclause 38.3.1.
39.2 Bonus Paid
Parental Leave
39.2.1 An Employee who
has, or will have, completed not less than 40 weeks’ continuous service (at the
expected date of birth, time of adoption, time of altruistic surrogacy, or
ongoing placement) is entitled to an additional 2 week bonus paid parental
leave where each parent has exhausted any paid parental
leave offered by their employer.
39.2.2 Employees who are
single parents or whose partners do not have access to or are ineligible for
employer paid parental leave will receive the full two weeks of bonus paid
parental leave.
39.2.3 The two weeks
bonus parental leave is in addition to the 14 weeks paid parental leave
outlined in 39.1 of this subclause.
39.3 Taking of
Parental Leave
39.3.1 A Employee who has been granted paid parental leave in
accordance with 39.1 of this subclause may take leave after the actual date of
birth, adoption, or ongoing placement of a child (or children or young person):
39.3.1.1 full-time for a period of up to 12 months; or
39.3.1.2 part-time for a period of up to 2 years; or
39.3.1.3 as a combination of full-time and part-time over a
proportionate period of up to 2 years.
39.4 An Employee who
is pregnant and meets the requirements of 39.1 of this subclause shall, subject
to this clause, be entitled to be granted parental leave in accordance with
39.3 of this subclause as well as for a period up to 9 weeks prior to the
expected date of birth.
39.5 When an Employee
has been granted paid parental leave in accordance with 39.1 of this subclause
in association with the adoption of a child (or children) under 18 years of age
by the Employee or the Employee’s partner, or the ongoing placement of a child
or young person (or children or young persons) under 18 years of age with the
Employee or the Employees’ partner, that leave shall commence on the date that
the Employee takes custody of the child concerned, whether that date is before
or after the date on which a court makes an order for the adoption of the child
by the Employee.
39.6 Effect of
stillbirth or death of child on unpaid parental leave
39.6.1 If:
(a) a child is
stillborn; and
(b) an Employee would
have been entitled to unpaid parental leave that is birth - related leave, if the
child had been born alive;
then the employee is taken to be entitled to the unpaid
parental leave, despite the stillbirth of the child.
39.7 A pregnant Employee who has been granted
paid parental leave in accordance with 39.1 of this subclause and whose child
is stillborn may elect to take available sick leave instead of parental leave.
39.8 An Employee who resumes duty
immediately on the expiration of parental leave shall be entitled to resume
duty in the position occupied by them immediately before the commencement of
parental leave, if the position still exists.
39.9 If the position occupied by an
Employee immediately prior to parental leave has ceased to exist, but there are
other positions available that the Employee is qualified for and is capable of
performing, the Employee shall be appointed to a position of the same grade and
classification as the Employee’s former position, subject to the mobility
provisions of the Government Sector
Employment Act 2013.
39.10 Except as provided in clause
39.1 and 39.2 of this subclause, parental leave shall be granted without pay.
39.11 Concurrency of
Paid Parental Leave
39.11.1 All paid parental leave may be taken concurrently
except in circumstances where both parents are employed in the same NSW
Government Sector workplace and operational requirements may prevent concurrent
leave.
39.11.2 Employees where both parents are employed at the same
NSW Government Sector workplace may take up to 4 weeks paid parental leave
concurrently with their partner. Employees may request to take more than 4
weeks of paid parental leave concurrently with their partner, which FRNSW will
consider and may reject in accordance with clause 39.12.3 of this Award.
39.12 Flexibility for
Taking Paid Parental Leave
39.12.1. While an Employee’s eligibility for paid parental
leave is determined at the time of birth, adoption, altruistic surrogacy or
ongoing placement, the Employee and FRNSW may agree for the Employee to use paid parental leave entitlements at any
time within the first 24 months from the date of birth, adoption, altruistic
surrogacy, or ongoing placement.
39.12.2.An Employee may request:
39.12.2.1 to use their paid parental leave entitlement in a
manner other than a single continuous period; or
39.12.2.2 to take
more than 4 weeks of paid parental leave concurrently;
39.12.3 FRNSW
will consider their operational requirements and the Employee’s personal and
family circumstances in considering requests and may refuse the request on
reasonable business grounds related to the impact on the workplace including
but not limited to excessive cost, lack of adequate replacement staff, loss of
productivity or impact on service delivery. FRNSW will provide their response
to the Employee’s request within 21 days.
39.12.4 Should
FRNSW agree to paid parental leave in a manner other than a single continuous
period, the period of leave must not extend beyond the first 24 months from the
date of birth, adoption, altruistic surrogacy, or ongoing placement and will not be extended by any periods of public
holidays that fall within the paid parental leave period.
39.13 Additional Provisions for Altruistic Surrogacy
and Ongoing Placement Arrangements
39.13.1 Where
an Employee takes paid parental leave in respect of an ongoing placement
arrangement and later adopts, becomes the legal guardian or cares for the child
(or children) or young person/s under a different legal order, the Employee is
not entitled to access a further period of paid parental leave in connection
with the adoption, guardianship order or other legal order of the same child.
39.13.4 In the event that an ongoing placement arrangement
ceases, and the Employee no longer had responsibility for the care of the
child/children, the Employee must notify FRNSW as soon as practicable. At the
cessation of an ongoing placement, the remaining period of Paid Parental Leave
ceases, and the Employee should speak to FRNSW about alternative leave
arrangements and/or a
return-to-work date.
39.14 FRNSW must not fail to re-engage
a regular casual employee (see section 53(2) of the IR Act)
because:
39.14.1 the casual employee
or casual employee's spouse is pregnant; or
39.14.2 the casual employee
is or has been immediately absent on parental leave;
39.14.3 the rights of FRNSW
in relation to engagement and re-engagement of casual employees are not
affected, other than in accordance with this clause.
39.15 Right to request - An Employee
entitled to parental leave may request FRNSW to allow the Employee:
39.15.1 to extend the period
of simultaneous unpaid parental leave use up to a maximum of eight weeks;
39.15.2 to extend the period
of unpaid parental leave for a further continuous period of leave not exceeding
12 months;
39.15.3 to return from a
period of parental leave on a part-time basis until the child reaches school
age;
39.15.4 to assist the
Employee in reconciling work and parental responsibilities.
39.15.5 FRNSW 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 FRNSW’s business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
39.15.6 Employee's request
and FRNSW’s decision to be in writing. The Employee's request and FRNSW
decision made under 39.15.2 and 39.15.4 must be recorded in writing.
39.15.7 Request to return to
work part-time - Where an Employee wishes to make a request under 39.15.3 such
a request must be made as soon as possible but no less than 7 weeks prior to
the date upon which the Employee is due to return to work from parental leave.
39.15.8 Communication during
parental leave - Where an Employee is on parental leave and a definite decision
has been made to introduce significant change at the workplace, FRNSW shall
take reasonable steps to:
39.15.8.1 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
39.15.8.2 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.
39.15.8.3 The Employee shall take reasonable steps to inform FRNSW
about any significant matter that will affect the Employee's decision regarding
the duration of parental leave to be taken, whether the Employee intends to
return to work and whether the Employee intends to request to return to work on
a part-time basis.
39.15.8.4 The Employee shall also notify FRNSW of changes of address or
other contact details which might affect FRNSW's capacity to comply with
39.15.8.1.
39.16 Special Adoption Leave -– An
Employee shall be entitled to special adoption leave without pay for up to 2
days to attend interviews or examinations for the purposes of adoption. Special
adoption leave may be taken as a charge against recreation leave, extended
leave, flexitime or family and community service.
40. Family and Community Service Leave
40.1 FRNSW shall grant to an
Employee some or all of the available family and community service leave on
full pay, for reasons relating to family responsibilities, performance of
community service or emergencies.
40.2 Such cases may include but not
be limited to the following:
40.2.1 compassionate grounds - such as
the death or illness of a close member of the family or a member of the
Employee’s household;
40.2.2 emergency accommodation matters
up to 1 day, such as attendance at court as defendant in an eviction action,
arranging accommodation, or when required to remove furniture and effects;
40.2.3 emergency or weather conditions,
such as when flood, fire or snow or disruption to utility services etc.
threaten property and/or prevent an Employee from reporting for duty;
40.2.4 attending to family
responsibilities such as citizenship ceremonies, parent/teacher interviews or
attending child's school for other reasons;
40.2.5 attendance at court by an
Employee to answer a charge for a criminal offence, only if FRNSW considers the
granting of family and community service leave to be appropriate in a
particular case;
40.2.6 attendance at a competitor in
major amateur sport (other than Olympic or Commonwealth Games) for Employees
who are selected to represent Australia or the State; and
40.2.7 absence during normal working
hours to attend meetings, conferences or to perform other duties, for an
Employee holding office in Local Government, and whose duties necessitate
absence during normal working hours for these purposes, provided that the Employee
does not hold a position of Mayor of a Municipal Council, President of a Shire
Council or Chairperson of a County Council.
40.3 The maximum amount of family
and community service leave on full pay which may, subject to this Award, be
granted to an Employee shall be the greater of the leave provided in subclauses
40.3.1 or 40.3.2 of this clause.
40.3.1 2½ of the Employee's working
days in the first year of service and, on completion of the first year's service, 5 of the Employee's working days in any
period of 2 years; or
40.3.2 After the completion of 2 years'
continuous service, the available family and community service leave is
determined by allowing 1 day's leave for each completed year of service less
the total amount of family and community service leave previously granted to
the Employee.
40.4 If available family and
community service leave is exhausted as a result of natural disasters, FRNSW
shall consider applications for additional family and community service leave,
if some other emergency arises. On the death of a person as described in 38.1.3.2
of clause 38, Personal/Carer’s Leave, additional paid family and community
service leave of up to 2 days may be granted on a discrete, per occasion basis
to an Employee.
40.5 In cases of illness of a
family member for whose care and support the Employee is responsible, paid sick
leave in accordance with subclause 38.1.3.2 of clause 38 of this Award shall be
granted when paid family and community service leave has been exhausted.
40a Domestic and Family Violence Leave
40a.1 Definitions
40a.1.1 Domestic violence is any behaviour in an
intimate, family or domestic relationship, which is violent, threatening,
coercive, controlling or causes a person to live in fear for their own or
someone else’s safety. It may be a pattern of ongoing controlling or coercive
behaviour.
40a.1.2 An intimate relationship refers to people who
are or have been in an intimate partnership, whether or not the relationship
involves or has involved a sexual relationship, for example, married, engaged
to be married, separated, divorced, de facto partners, couple promised to each
other under cultural or religious tradition, or who are dating.
40a.1.3 A family relationship has a broader
definition and includes people who are related to another through blood,
marriage or de facto partnerships, adoption and fostering relationships,
sibling, and extended family relationships. It includes the full range of
kinship ties in Aboriginal and Torres Strait Islander communities, and extended
family relationships. People living in the same house may also be in a domestic
relationship if their relationships exhibit dynamics which may foster coercive
and abusive behaviours.
40a.1.4 Examples of behaviours that constitute
domestic and family violence include but are not limited to:
(i) physical and
sexual violence;
(ii) verbal abuse;
(iii)
emotional or psychological abuse;
(iv)
stalking and intimidation;
(v) technological facilitated abuse;
(vi)
social and geographical isolation;
(vii)
financial abuse;
(viii)
cruelty to pets
(ix)
damage to property; or
(x) threats to be violent in the above ways.
40a.2 Leave for matters arising from Domestic
and Family Violence Leave
40a.2.1 The definition of domestic violence is in
clause 40a.1 of this Award.
40a.2.2 Employees, including part time or casual
Employees, are entitled to 20 days of paid domestic and family violence leave
in each calendar year. This leave is not cumulative.
40a.2.3 Paid domestic and family violence leave is
not pro-rata for part-time or casual Employees.
40a.2.4 Employees can take paid domestic and family
violence leave in part-days, single days, or consecutive days. There is not a
minimum number of hours that an Employee must take in a day.
40a.2.5 Employees experiencing domestic and family
violence may take domestic and family violence leave including for the
following purposes:
(i) seeking
safe accommodation or establishing safety;
(ii) attending medical, legal, police or
counselling appointments relating to their experience of domestic and family
violence;
(ii) attending court and other legal
proceedings relating to their experience of domestic and family violence;
(iv) organising alternative care or
education arrangements for their children or person(s) in their care;
(v) other activities that will help them
to establish safety and recover from their experience of domestic and family
violence; or
(vi) any other purpose associated with the
impact of experiencing domestic and family violence which is impractical to do
outside of their normal hours of work.
40a.2.6 Domestic and family violence leave does not
need to be approved before it can be accessed. However, Employees should advise
FRNSW of the need to take domestic and family violence leave as soon as
possible.
40a.2.7 The leave entitlement can be accessed without
the need to exhaust other available leave entitlements first.
40a.2.8 FRNSW should only
require evidence of the occurrence of domestic and family violence in
exceptional circumstances and should use their discretion when assessing
whether evidence is needed, and if so, what type of evidence.
40a.2.9 Evidence of the occurrence of domestic and
family violence may include:
(i) a
document issued by the police, a court, a domestic violence support service or
a member of the legal profession;
(ii) a provisional, interim or final
Apprehended Violence Order (AVO), Apprehended Domestic Violence Order (ADVO),
certificate of conviction or family law injunction;
(iii) a medical certificate;
(iv) a statutory declaration by the
Employee experiencing domestic and family violence; or
(v) any other evidence
that would satisfy a reasonable person that domestic and family violence has
occurred.
40a.2.10 Evidence provided by an Employee should be sighted and must be
returned to the Employee. The
evidence must not be retained by FRNSW
or stored on the Employee’s
personnel file.
40a.2.11 The intent of paid domestic and family
violence leave is to provide Employees
with the same remuneration as they would have received, inclusive of penalties
that would have applied, if they did not take the leave.
(i) Full-time
and part-time Employees are entitled to be paid at their full rate of pay for
the hours they would have worked had they not taken the leave.
(ii) Casual Employees will be paid at
their full rate of pay for the hours they were rostered for and would have
worked had they not taken the leave. For the purposes of this clause,
“Rostered” means FRNSW has offered specific hours of work and the casual employee
has accepted that offer.
40a.2.12 FRNSW
must keep personal information about domestic and family violence (including
information about support provided by FRNSW) confidential. This includes not
recording instances of or information about domestic and family violence leave
on:
(i) payslips,
(ii) the Employee’s
personnel file, or
(iii)
rosters.
40a.2.13 Any information regarding an Employee’s
experience of domestic or family violence, including any domestic and family
violence leave or supports provided (under this clause or otherwise), can only
be accessed by senior HR personnel or, with the Employee’s consent, a relevant
senior manager.
40a.2.14 FRNSW must not take adverse action
against an Employee because they:
(i) have
experienced, or are experiencing, domestic and family violence;
(ii) use the paid domestic and family
violence leave provisions; or
(ii) are a casual Employee who declines to
take a shift they are not rostered for because they are attending to a matter
connected with domestic and family violence at that time.
40a.2.15 FRNSW will provide support to an Employee experiencing domestic and family
violence, including but not limited to the provision of flexible working
arrangements, including changing working times, work locations, telephone
numbers and email addresses.
40a.3 Leave for Employees providing support to
people experiencing domestic and family violence
40a.3.1 Employees providing care and support to a
member of their family or household experiencing domestic and family violence
may, if the criteria is met, access existing leave entitlements including:
(i) Family and
Community Service Leave (Clause 40); or
(ii) Personal / Carer’s
Leave (Clause 38).
40a.3.2 The “family” or “household” member that the
Employee is providing care and support to must meet the definition of these
terms, as referred to at:
(i) Clause 38.1.3
Personal / Carer’s Leave
40a3.3 If FRNSW needs to establish the reasons for
an Employee accessing existing leave entitlements under these provisions, the
Employee may be required to provide evidence consistent with subclause 38.1.2
Personal / Carer’s Leave of this Award or any other
form of evidence that is considered acceptable by FRNSW such as a statutory
declaration.
40a3.4 Evidence provided by an Employee should be
sighted and must be returned to the Employee. The evidence must not be retained
by FRNSW or stored on the Employee’s personnel file.
41. Union Rights
41.1 Trade Union
Activities Regarded as on Duty
A Union delegate will be released
from the performance of normal duty when required to undertake any of the
activities specified below. While undertaking such activities the Union
delegate will be regarded as being on duty and will not be required to apply
for leave:
41.1.1 attendance at meetings of the workplace's
Work Health and Safety Committee and participation in all official activities
relating to the functions and responsibilities of elected Work Health and
Safety Committee members at a place of work as provided for in the Work
Health and Safety Act 2011 and the Work Health and Safety Regulation
2025.
41.1.2 attendance
at meetings with FRNSW workplace management or workplace management
representatives;
41.1.3 a
reasonable period of preparation time, before -
(a) meetings
with FRNSW workplace management;
(b) disciplinary or grievance meetings
when a Union member requires the presence of a Union delegate; and
(c) any other meeting with FRNSW
workplace management by agreement with FRNSW workplace management, where
operational requirements allow the taking of such time;
41.1.4 giving
evidence in court on behalf of FRNSW;
41.1.5 appearing
as a witness before the Industrial Relations Commission;
41.1.6 representing
the Union at the Industrial Relations Commission as an advocate;
41.1.7 presenting
information on the Union and Union activities at induction sessions for new
Employees of FRNSW; and
41.1.8 distributing official Union publications or
other authorised material at the workplace, provided that a minimum of 24
hours’ notice is given to FRNSW workplace management, unless otherwise agreed
between the parties. Distribution time is to be kept to a minimum and is to be
undertaken at a time convenient to the workplace.
41.2 Trade Union
Activities Regarded as Special Leave
The granting of special leave
with pay will apply to the following activities undertaken by a Union delegate,
as specified below:
41.2.1 annual or
biennial conferences of the Union;
41.2.2 meetings
of the Union’s Executive, Committee of Management or Councils;
41.2.3 annual
conference of Unions NSW and the biennial Congress of the Australian Council of
Trade Unions;
41.2.4 attendance
at meetings called by Unions NSW involving the Union which requires attendance
of a delegate;
41.2.5 attendance
at meetings called by FRNSW on behalf the Industrial Relations Secretary, as
the employer for industrial purposes, as and when required;
41.2.6 giving
evidence before an Industrial Tribunal as a witness for the Union;
41.2.7 reasonable travelling
time to and from conferences or meetings to which the provisions of clauses
41.1, 41.2 and 41.3 apply.
41.3 Trade Union
Training Courses
The
following training courses will attract the grant of special leave as specified
below: -
41.3.1 Accredited Work Health
and Safety (WHS) courses and any other accredited WHS training for WHS
Committee members. The provider(s) of accredited WHS training courses and the
conditions on which special leave for such courses will be granted, will be
negotiated between FRNSW and the Union under a local arrangement.
41.3.2 Courses organised and conducted by the
Union, or a training provider nominated by the Union. A maximum of 12 working
days in any period of 2 years applies to this training and is subject to:
(a) the
operating requirements of the workplace permitting the grant of leave and the
absence not requiring employment of relief Employees;
(b) payment
being at the base rate, i.e. excluding extraneous payments such as shift
allowances/penalty rates, overtime, etc;
(c) all
travelling and associated expenses being met by the Employee or the Union;
(d) attendance
being confirmed in writing by the Union or a nominated training provider.
41.4. Period of
Notice for Trade Union Activities
41.4.1 FRNSW must be notified in writing by the
Union or, where appropriate, by the delegate as soon as the date and/or time of
the meeting, conference or other accredited activity is known.
41.5 Access to
Facilities by Trade Union Delegates
41.5.1 The workplace will provide accredited
delegates with reasonable access to the following facilities for authorised
Union activities:
(a) telephone,
facsimile, internet and email facilities;
(b) a
notice board for material authorised by the Union or access to employee notice
boards for material authorised by the Union;
(c) workplace
conference or meeting facilities, where available, for meetings with member(s),
as negotiated between FRNSW and the Union.
41.6. Responsibilities
of the Trade Union Delegate
Responsibilities of the Union
delegate are to:
41.6.1 establish accreditation as a delegate with
the Union and provide proof of accreditation to the workplace;
41.6.2 participate in the workplace consultative
processes, as appropriate;
41.6.3 follow the dispute settling procedure
applicable in the workplace;
41.6.4 provide sufficient notice to the immediate
supervisor of any proposed absence on authorised Union business;
41.6.5 account for all time spent on authorised
Union business;
41.6.6 when special leave is required, to apply
for special leave in advance;
41.6.7 distribute union literature/membership
forms, under local arrangements negotiated between FRNSW and the Union; and
41.6.8 use any facilities provided by the
workplace properly and reasonably as negotiated at organisational level.
41.7.
Responsibilities of the Trade Union
Responsibilities
of the Union are to:
41.7.1 provide written advice
to FRNSW about a Union activity to be undertaken by a delegate and, if
requested, to provide written confirmation to FRNSW of the delegate's
attendance/participation in the activity;
41.7.2 meet all travelling,
accommodation and any other costs incurred by the delegate, except as provided
in paragraph 41.8.3 of subclause 41.8, Responsibilities of Workplace
Management, of this Award;
41.7.3 provide proof of
identity when visiting a workplace in an official capacity, if requested to do
so by FRNSW; and
41.7.4 assist FRNSW workplace
management in ensuring that time taken by the Union delegate is accounted for
and any facilities provided by FRNSW are used reasonably and properly.
41.8. Responsibilities
of FRNSW Workplace Management
Where time is required for Union
activities in accordance with this clause the responsibilities of the workplace
management are to:
41.8.1 release the delegate
from duty for the duration of the Union activity, as appropriate, and, where
necessary, to allow for sufficient travelling time during the ordinary working
hours;
41.8.2 advise the workplace
delegate of the date of the next induction session for new Employees in
sufficient time to enable the Union to arrange representation at the session;
41.8.3 meet the travel and/or
accommodation costs properly and reasonably incurred in respect of meetings
called by the workplace management;
41.8.4 where possible, to
provide relief in the role occupied by the delegate in the workplace, while the
delegate is undertaking Union responsibilities to assist with the business of
workplace management;
41.8.5 re-credit any other
leave applied for on the day to which special leave or release from duty
subsequently applies;
41.8.6 where a Union activity
provided under this clause needs to be undertaken on the Union delegate's
rostered day off to apply the provisions of paragraph 41.8.5 of this subclause;
41.8.7 to verify with the Union
the time spent by a Union delegate or delegates on Union business, if required;
and
41.8.8 if the time and/or the
facilities allowed for Union activities are thought to be used unreasonably
and/or improperly, to consult with the Union before taking any remedial action.
41.9. Right of Entry
Provisions
41.9.1 The right of entry
provisions will be as prescribed under the Work Health and Safety Act 2011
and the Industrial Relations Act 1996.
41.10. Travelling and
Other Costs of Trade Union Delegates
41.10.1 Except
as specified in paragraph 41.8.3 of subclause 41.8, Responsibilities of
Workplace Management, of this Award, all travel and other costs incurred by
Union delegates in the course of Union activities will be paid by the Union.
41.10.2 In respect of meetings
called by FRNSW workplace management in terms of paragraph 41.8.3 of clause
41.8, Responsibilities of FRNSW Workplace Management of this Award, the payment
of travel and/or accommodation costs, properly and reasonably incurred, is to
be made, as appropriate, on the same conditions as apply under clauses 24,
Travelling Time and Fares, and 25, Travelling Expenses, of this Award.
41.10.3 No overtime, leave in
lieu, shift penalties or any other additional costs will be claimable by an
Employee from FRNSW, in respect of Union activities covered by special leave or
on duty activities provided for in this clause.
41.11. Industrial
Action
41.11.1 There will be no
victimisation of Employees prior to, during or following such industrial
action.
41.12. Deduction of
Trade Union Membership Fees
41.12.1 At the Employee’s
election, FRNSW will provide for the Employee’s Union membership fees to be
deducted from the Employee’s pay and ensure that such fees are transmitted to
the Employee’s Union at regular intervals. Alternative arrangements for the
deduction of Union membership fees may be negotiated between FRNSW and the
Union.
42. Contractors, Supplementary Labour and
Outsourcing
42.1 Definitions
42.1.1 Contractors – persons who provide services
to FRNSW on a fee for service basis.
42.1.2 Supplementary Labour – labour sourced by
FRNSW from providers to supplement its permanent workforce.
42.1.3 Project Work – work undertaken on limited
duration projects.
42.1.4 Outsourcing – the engagement of external
contractors or service providers to undertake work of existing Employees.
42.2 Use of
Contractors and Supplementary
42.2.1 FRNSW will use direct permanent employment as the preferred labour option
within the organisation.
42.2.2 Contractors
and Supplementary Labour may be used in circumstances including, but not
limited to:
(a) when specialist
skills are required or where there is a need to work on specialist equipment;
(b) where there are
non-core skills and/or work to be performed;
(c) where there are
limited duration projects;
(d) where there are
warranty obligations that require external parties to undertake work;
(e) during special
events; or
(f) in the
event of an emergency to address an immediate need.
42.2.3 Where it is proposed by FRNSW to reduce
staffing levels in a work group in which permanent Employees and Contractors
and/or Supplementary Labour are engaged to undertake the same ongoing work,
priority will be given to reducing Contractors and Supplementary Labour prior
to abolishing permanent positions. If the Unions have any concerns about the
application of this clause it can be raised in the consultation process
referred to in clause 37a (Consultation).
42.3 Outsourcing
42.3.1 Where FRNSW proposes to outsource work
undertaken by existing Employees at the time of outsourcing, FRNSW will:
(a) Consult with
relevant parties to this Award;
(b) Provide reasons
for the proposal to outsource;
(c) Provide full
details of the work to be outsourced;
(d) Provide details
of the numbers of Employees affected by the proposal to outsource; and
(e) Provide proposed
timeframes for the outsourcing to take place.
42.4 Safety
42.4.1 Contractors and Supplementary Labour will
be required to comply with relevant FRNSW safety specifications and undertake site
inductions.
42.5 Disputes
42.5.1 Where disputes arise about the use of
Contractors and Supplementary Labour or outsourcing, these matters will be
dealt with in accordance with clause 37 (Grievance and Dispute Resolution
Procedures).
42.5.2 Contractors and Supplementary Labour are
not bound by the terms of this Award, however, they are still required to
adhere to FRNSW polices and comply with workplace obligations as set out by
FRNSW.
43. Salary Packaging Arrangements, Including
Salary Sacrifice to Superannuation
43.1 The entitlement to salary
package in accordance with this clause is available to:
43.1.1 permanent full-time and
part-time Employees;
43.1.2 temporary Employees, subject to
FRNSW’s convenience; and
43.1.3 casual Employees, subject to the
FRNSW convenience, and limited to salary sacrifice to superannuation in
accordance with subclause 43.7.
43.2 For the purposes of this
clause:
43.2.1 "salary" means the
salary or rate of pay prescribed for the Employee's classification in Table 1 -
Wages of this Award, and any other payment that can be salary packaged in
accordance with Australian taxation law.
43.2.2 "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.
43.3 By mutual agreement with
FRNSW, an Employee may elect to package a part or all of their post compulsory
deduction salary in order to obtain:
43.3.1 a benefit or benefits selected
from those approved by FRNSW; and
43.3.2 an amount equal to the
difference between the Employee’s salary, and the amount specified by FRNSW for
the benefit provided to or in respect of the Employee in accordance with such
agreement.
43.4 An election to salary package
must be made prior to the commencement of the period of service to which the
earnings relate.
43.5 The agreement shall be known
as a Salary Packaging Agreement.
43.6 Except in accordance with
subclause 43.7, a Salary Packaging Agreement shall be recorded in writing and
shall be for a period of time as mutually agreed between the Employee and FRNSW
at the time of signing the Salary Packaging Agreement.
43.7 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:
43.7.1 paid into the superannuation
fund established under the Aware Super
Act 1992; or
43.7.2 where FRNSW is making
compulsory employer superannuation contributions to another complying
superannuation fund, paid into the same complying fund; or
43.7.3 subject to the FRNSW’s
agreement, paid into another complying superannuation fund.
43.8 Where the Employee makes an
election to salary sacrifice, FRNSW shall pay the amount of post compulsory
deduction salary, the subject of election, to the relevant superannuation fund.
43.9 Where the Employee makes an
election to salary package and where the Employee is a member of a
superannuation scheme established under the:
43.9.1 Police Regulation (Superannuation) Act 1906;
43.9.2 Superannuation Act 1916;
43.9.3 State Authorities Superannuation Act 1987; or
43.9.4 State Authorities Non-contributory Superannuation Act 1987,
FRNSW 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.
43.10 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 43.9 of this clause, FRNSW 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 FRNSW may be in excess of
superannuation guarantee requirements after the salary packaging is
implemented.
43.11 Where the Employee makes an
election to salary package:
43.11.1 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
43.11.2 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 agreement 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 in Table
1 - Wages of this Award if the Salary Packaging Agreement had not been entered
into.
43.12 FRNSW 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.
43.13 FRNSW y 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.
44. Calculations
44.1 In relation to Part B of this
Award, and specifically Tables 1, 2 and 3, per week amounts are rounded to the
nearest ten cents, per day to the nearest cent, and per hour to the cent.
44.2 Calculation
Methodology – Fire Vehicle Repairer (FVR)
44.2.1 The relativity
of each FVR Classification Level to the weekly wage is expressed in Clause 10
Classification Structure and Labour Flexibility and is as follows:
Level 1 100%
Level 2 105%
Level 3 110%
Level 4 115% (up to and including 2 July 2026); 120% (from
3 July 2026)
44.2.2 In order to
calculate a percentage increase to a FVR Wage Level expressed in Part B
Monetary Rates Table 1 Wages:
Level
1. Take the current year non-Fire Equipment Allowance (FEA) wage rate and
multiply by the annual percentage wage increase. This new rate is A in Table 1.
For the FEA rate (see Table 3), take A and add the new FEA rate. This new rate
is AA in Table 1.
Level
2. Take wage rate A in Table 1 and multiply by 105%. This rate is B in Table 1.
For the FEA rate, take B and add the new FEA rate. This new rate is BB in Table
1.
Level
3. Take wage rate A in Table 1 and multiply by 110%. This rate is C in Table 1.
For the FEA rate, take C and add the new FEA rate. This new rate is CC in Table
1.
Level
4. Take wage rate A in Table 1 and multiply by 115% (up to and including 2 July
2026); 120% (from 3 July 2026). This rate is D in Table 1. For the FEA rate,
take D and add the new FEA rate. This new rate is DD in Table 1.
44.3 Calculation
Methodology – Rescue Equipment Technician (RET)
44.3.1 The relativity
of each RET Classification Level to the weekly wage is expressed in Clause 10
Classification Structure and Labour Flexibility and is as follows:
Level 1 100%
Level 2 105%
Level 3 110%
Level 4 115% (3 July 2024-2 July 2026); 120% (from 3 July
2026)
44.3.2 In order to
calculate a percentage increase to a RET Wage Level expressed in Part B
Monetary Rates Table 1 Wages:
Level
1. Take the current year non-Fire Equipment Allowance (FEA) wage rate and
multiply by the annual percentage wage increase. This new rate is A in Table 1.
For the FEA rate (see Table 3), take A and add the new FEA rate. This new rate
is AA in Table 1.
Level
2. Take wage rate A in Table 1 and multiply by 105%. This rate is B in Table 1.
For the FEA rate, take B and add the new FEA rate. This new rate is BB in Table
1.
Level
3. Take wage rate A in Table 1 and multiply by 110%. This rate is C in Table 1.
For the FEA rate, take C and add the new FEA rate. This new rate is CC in Table
1.
Level
4. Take wage rate A in Table 1 and multiply by 115% (3 July 2024-2 July 2026);
120% (from 3 July 2026). This rate is D in Table 1. For the FEA rate, take D
and add the new FEA rate. This new rate is DD in Table 1.
44.4 From 3
July 2026, the Fire Equipment Allowance is abolished and no longer forms part
of the calculation methodology for FVR and RET wage rates. From that date, only
the applicable classification relativity prescribed at clause 10 shall apply.
45. Area, Incidence and Duration
45.1 The Crown Employees (Fire and
Rescue NSW Tradespersons) Award 2024 rescinds and replaces the Crown Employees
(Fire & Rescue NSW Tradespersons) Award 2022 published 19 November (390
I.G. 1037).
45.2 Historically rates of pay and
wage related allowances expressed in the Crown Employees (New South Wales Fire
Brigades - Maintenance, Construction and Miscellaneous Staff) Award have had a
nexus with the Crown Employees Wages Staff (Rates of Pay) Award and its
successors. However, after the date of
the making of the Crown Employees (Fire & Rescue NSW Tradespersons) Award
2012 this nexus ceased.
45.3 This Award shall apply to all
Employees in the classifications specified in Part B, Monetary Rates, Table 1 -
Wages in the employment of Fire and Rescue NSW.
45.4 The term of this Award is 3
July 2024 until 2 July 2027 and will remain in force thereafter until
rescinded.
45.5 Increases in the columns dated
3 July 2023 and 1 July 2024 expressed in Tables 1, 2 and 3 shall apply on and
from the first full pay period to commence on or after the identified date.
45.6 The rates for 2022 in Tables
1, 2 and 3 are for historical purposes.
PART B
MONETARY
RATES
Table 1 - Wages
Classifications
from the Crown Employees (New South Wales Fire Brigades - Maintenance,
Construction and Miscellaneous Staff) Award
|
Fire Vehicle Repairer
|
|
Level
|
Classification
|
3/7/2023
Historical
(not
including
Clause
19. FEA)
|
3/7/2023
Historical
(including
Clause 19. FEA)
|
3/7/2024 (+4.00%)
(not including Clause 19. FEA)
|
3/7/2024
(+4.00%)
(including Clause 19. FEA)
|
3/7/2025 (+7.00%)
(not including Clause 19. FEA)
|
3/7/2025
(+7.00%)
(including Clause 19. FEA)
|
3/7/2026 (+7.00%)
(not including Clause 19. FEA)
|
|
Level 1
|
Fire Vehicle Repairer
|
A –
1370.70
|
AA –
1462.90
|
A –
1425.50
|
AA –
1521.40
|
A –
1525.30
|
AA –
1627.90
|
A –
1632.10
|
|
Level 2
|
Fire Vehicle Repairer
|
B –
1439.20
|
BB –
1531.40
|
B –
1496.80
|
BB –
1597.50
|
B –
1601.60
|
BB –
1709.30
|
B –
1713.70
|
|
Level 3
|
Fire Vehicle Repairer
|
C –
1507.80
|
CC –
1600.00
|
C –
1568.10
|
CC –
1673.50
|
C –
1677.80
|
CC –
1790.70
|
C –
1795.30
|
|
Level 4
|
Fire Vehicle Repairer
|
D –
1576.30
|
DD –
1668.50
|
D –
1639.30
|
DD –
1749.60
|
D –
1745.10
|
DD –
1872.10
|
D –
1958.50
|
|
Apprentices
|
3/07/2023
Historical rate
$
|
3/07/2024
4.00%
Increase
$
|
3/07/2025
7.00%
Increase
$
|
3/07/2026
7.00%
Increase
(not including NT FEA)
$
|
|
- 1st year
|
548.90
|
570.90
|
610.90
|
653.70
|
|
- 2nd year
|
(Rate = 2nd Year + NT FEA)**
|
790.40
|
822
|
879.50
|
881.80*
|
|
- 3rd year
|
(Rate = 3rd Year + NT FEA)**
|
993.30
|
1033
|
1105.30
|
1108.20*
|
|
- 4th year
|
(Rate = 4th Year + NT FEA)**
|
1134.70
|
1180.10
|
1262.70
|
1269.10
|
|
Adult
|
(Rate = Adult + NT FEA)**
|
1134.70
|
1180.10
|
1262.70
|
1269.10
|
|
|
|
|
|
|
|
|
|
|
*
Rate operative from 3 July 2026 includes a one-off adjustment to ensure no
reduction in remuneration following the abolition of the Fire Equipment
Allowance.
**
inclusive in rate after 12 months continuous service an apprentice receives the
(Non Trades Staff) Fire
Equipment
Allowance.
|
Rescue Equipment Technician
|
|
Level
|
Classification
|
3/7/2024
(not including RET FEA)
|
3/7/2024
(including RET FEA)
|
3/7/2025 (+7.00%)
(not including RET FEA)
|
3/7/2025
(+7.00%)
(including RET FEA)
|
3/7/2026 (+7.00%)
(not including RET FEA)
|
|
Level 1
|
Rescue Equipment Technician
|
A –
1389.90
|
AA –
1483.40
|
A –
1487.20
|
AA –
1587.20
|
A –
1591.30
|
|
Level 2
|
Rescue Equipment Technician
|
B –
1459.40
|
BB –
1557.60
|
B –
1561.60
|
BB –
1666.60
|
B –
1670.90
|
|
Level 3
|
Rescue Equipment Technician
|
C –
1528.90
|
CC –
1631.70
|
C –
1635.90
|
CC –
1745.90
|
C –
1750.40
|
|
Level 4
|
Rescue Equipment Technician
|
D –
1598.40
|
DD –
1705.90
|
D –
1710.30
|
DD –
1825.30
|
D –
1909.60
|
Increases shall apply on and from the first
full pay period to commence on or after the dates expressed in the tables.
Table
2 - Other Rates and Allowances
From the Crown Employees (New South Wales
Fire Brigades - Maintenance, Construction and Miscellaneous Staff) Award
|
Item
|
Clause
11,
|
3/7/2023
|
3/7/2024
|
3/7/2025
|
3/7/2026
|
|
|
Additional
Wage Rates
|
Historical
Rate
|
4.00%
increase
|
7.00%
increase
|
7.00%
increase
|
|
|
|
$
|
$
|
$
|
$
|
|
1
|
12.1 Electricians:
An electrician who is the holder of A
Grade
Licence (per week)
|
54.91
|
57.10
|
61.10
|
65.40
|
|
|
|
|
|
|
|
B Grade Licence (per week)
|
29.74
|
30.90
|
33.10
|
35.40
|
|
2
|
20.10 Roof work (per hour)
|
1.08
|
1.12
|
1.20
|
1.28
|
Increases shall apply on and from the first
full pay period to commence on or after the dates expressed in the tables.
Table
3 – Allowances
From NSW Fire Brigades Maintenance and
Miscellaneous Staff Enterprise Agreement 2008
|
Item
|
ALLOWANCES
|
3/07/2023
|
3/07/2024
|
3/07/2025
|
3/07/2026
|
|
|
|
Historical
Rate
|
4.00%
increase
|
7.00%
increase
|
7.00%
increase
|
|
|
|
$
|
$
|
$
|
$
|
|
1
|
Team Leader Allowance (per week)
|
206.13
|
214.40
|
229.40
|
245.50
|
|
2
|
Heavy Vehicle Inspectors Allowance (per
day)
|
2.54
|
2.64
|
2.82
|
3.02
|
Table
3A: On Call Allowance
|
Item
|
ALLOWANCES
|
3/07/2023
|
1/07/2024
|
1/07/2025
|
1/07/2026
|
|
|
|
Historical
Rate
|
4.00%
increase
|
7.00%
increase
|
7.00%
increase
|
|
|
|
$
|
$
|
$
|
$
|
|
1
|
On Call Allowance - Monday to Friday (per
day)
|
24.43
|
25.41
|
27.19
|
29.09
|
|
2
|
On Call Allowance - Saturday, Sunday &
Public Holidays (per day)
|
37.77
|
39.28
|
42.03
|
44.97
|
Table
3B: On Call Allowance applicable only to FVRs
|
Item
|
ALLOWANCES
|
3/07/2023
|
1/07/2024
|
1/07/2025
|
1/07/2026
|
|
|
|
Historical
Rate
|
4.00%
increase
|
7.00%
increase
|
7.00%
increase
|
|
|
|
$
|
$
|
$
|
$
|
|
1
|
On Call Allowance - Monday to Friday (per
day)
|
44.72
|
46.52
|
49.78
|
53.26
|
|
2
|
On Call Allowance - Saturday, Sunday &
Public Holidays (per day)
|
89.49
|
93.07
|
99.58
|
106.55
|
|
Item
|
Clause
12, SPECIAL RATES
|
3/07/2023
|
1/07/2024
|
1/07/2025
|
1/07/2026
|
|
|
|
Historical
Rate
|
4.00%
increase
|
7.00%
increase
|
7.00%
increase
|
|
|
|
Per
hour
$
|
Per
hour
$
|
Per
hour
$
|
Per
hour
$
|
|
1
|
20.1.1 Confined Spaces
|
1.08
|
1.12
|
1.20
|
1.28
|
|
2
|
20.3.1 Height Pay - 7.5 metres
|
1.02
|
1.06
|
1.13
|
1.21
|
|
3
|
20.3.1 Height Pay - every metre beyond
7.5m
|
0.31
|
0.32
|
0.34
|
0.36
|
Increases shall apply on and from the first
full pay period to commence on or after the dates expressed in the tables.
|
Item
|
Clause 17, TOOL ALLOWANCES
|
3/07/2023
|
3/07/2024
|
3/07/2025
|
3/07/2026
|
|
|
|
Historical Rate
|
3.8% increase
|
2.3%
increase
|
4.4%
increase
|
|
|
|
$
|
|
$
|
$
|
|
1
|
Bodymaker
|
35.40
|
36.70
|
37.50
|
39.20
|
|
2
|
Motor Mechanic
|
35.40
|
36.70
|
37.50
|
39.20
|
|
3
|
Painter (Vehicle)
|
8.70
|
9.00
|
9.20
|
9.60
|
|
4
|
Panel Beater
|
35.40
|
36.70
|
37.50
|
39.20
|
|
5
|
Automotive
Electrician
|
35.40
|
36.70
|
37.50
|
39.20
|
|
6
|
Electronic Technician
|
22.10
|
22.90
|
23.40
|
24.40
|
|
7
|
Instrument Maker
|
22.10
|
22.90
|
23.40
|
24.40
|
|
8
|
Radio Mechanic
|
22.10
|
22.90
|
23.40
|
24.40
|
|
9
|
Telephone Mechanic
|
22.10
|
22.90
|
23.40
|
24.40
|
|
10
|
Fitter
|
35.40
|
36.70
|
37.50
|
39.20
|
|
11
|
Electronic
Tradesperson
|
22.10
|
22.90
|
23.40
|
24.40
|
|
Item
|
Apprentices
|
3/07/2023
|
3/07/2024
|
3/07/2024
|
3/07/2026
|
|
|
|
Historical Rate
|
3.8%
increase
|
2.3%
increase
|
4.4%
increase
|
|
|
|
$
|
$
|
$
|
$
|
|
1
|
Motor Mechanic
|
35.40
|
36.70
|
37.50
|
39.20
|
|
2
|
Automotive
Electrician
|
35.40
|
36.70
|
37.50
|
39.20
|
|
3
|
Fitter
|
35.40
|
36.70
|
37.50
|
39.20
|
|
4
|
Electronic Technician
|
22.10
|
22.90
|
23.40
|
24.40
|
Increases in the Tool Allowance will be
based upon the Sydney Consumer Price Index for March of each year. These
amounts will be administratively adjusted in accordance with the applicable
increase.
|
Item
|
Clause
19, FIRE EQUIPMENT ALLOWANCE
|
3/7/2023
|
3/07/2024
|
3/07/2025
|
|
|
|
Historical
Rate
|
4.00%
increase
|
7.00% increase
|
|
|
|
Per
week
|
Per
week
|
Per week
|
|
|
|
$
|
$
|
$
|
|
1
|
Fire Equipment Allowance (FEA) - Trades**
|
92.20
|
95.90
|
102.60
|
|
2
|
Fire Equipment Allowance (FEA) - Non
Trades**
|
68.80
|
71.60
|
76.60
|
|
3
|
Fire Equipment Allowance (FEA) – RETs **
|
Nil.
|
93.30
|
99.80
|
** At the completion of
12 months continuous service
Increases shall apply
on and from the first full pay period to commence on or after the dates
expressed in the tables.
|
Item
|
Clause
20 TEST AND TAG ALLOWANCE
|
3/7/2024
|
3/07/2025
|
3/07/2026
|
|
|
|
Current
|
7.00%
increase
|
7.00% increase
|
|
|
|
Per
week
|
Per
week
|
Per week
|
|
|
|
$
|
$
|
$
|
|
1
|
Test and Tag Allowance
|
6
|
6.40
|
6.80
|
|
Item
|
Clause
23, MEAL ALLOWANCE *
|
3/07/2023
|
3/07/2024
|
3/07/2025
|
3/07/2026
|
|
|
|
Historical
Rate
|
3.8%
increase
|
2.3%
increase
|
4.4% increase
|
|
|
|
Per
Meal
|
Per
Meal
|
Per
Meal
|
Per Meal
|
|
|
|
$
|
$
|
$
|
$
|
|
1
|
After 1½ hour overtime
|
17.00
|
17.65
|
18.06
|
18.85
|
|
2
|
Each 4 hours thereafter
|
14.60
|
15.15
|
15.50
|
16.18
|
|
Item
|
Clause
24, TRAVELLING TIME AND OTHER FARES *
|
3/07/2023
|
3/07/2024
|
3/07/2025
|
3/07/2026
|
|
|
|
Historical
Rate
|
3.8%
increase
|
2.3%
increase
|
4.4% increase
|
|
1
|
Other than Builders’ Labourers
|
27.49
|
28.53
|
29.19
|
30.47
|
|
2
|
Employer providing transport
|
10.95
|
11.37
|
11.63
|
12.14
|
|
Item
|
Clause
33, INSURANCE OF TOOLS *
|
3/07/2023
|
3/07/2024
|
3/07/2025
|
3/07/2026
|
|
|
|
Historical
Rate
|
3.8%
increase
|
2.3%
increase
|
4.4% increase
|
|
1
|
Maximum claim for loss of tools
|
2049.00
|
2126.86
|
2175.78
|
2271.52
|
* Increases in the
Meal Allowance, Travelling Time and Other Fares, and Insurance of Tools will be
based upon the Sydney Consumer Price Index for March each year. These amounts
will be administratively adjusted in accordance with the applicable increase.
Table 4 – Travelling Expenses
Effective 1 July 2024
|
Item
No
|
Description
|
Amount
|
|
1
|
Meal expenses on one day journeys
|
|
|
|
Capital cities and high cost country
centres
(see
list in item 2)
|
|
|
|
Breakfast
|
$33.90
|
|
|
Dinner
|
$64.95
|
|
|
Lunch
|
$38.10
|
|
|
Tier 2 and other country centres
(see list in item 2)
|
|
|
|
Breakfast
|
$30.35
|
|
|
Dinner
|
$59.75
|
|
|
Lunch
|
$34.65
|
|
|
|
|
|
2
|
Travelling allowances
|
|
|
|
Capital cities
|
Per day (inclusive of accommodation, meals and
incidental expenses allowance)
|
|
|
Adelaide
|
$318.90
|
|
|
Brisbane
|
$341.90
|
|
|
Canberra
|
$338.90
|
|
|
Darwin
|
$380.90
|
|
|
Hobart
|
$336.90
|
|
|
Melbourne
|
$333.90
|
|
|
Perth
|
$340.90
|
|
|
Sydney
|
$358.90
|
|
|
|
|
|
|
High cost country centres
|
Per day (inclusive of accommodation, meals
and incidental expenses allowance)
|
|
|
Armidale
(NSW)
|
$326.90
|
|
|
Bourke
(NSW)
|
$344.90
|
|
|
Broken
Hill (NSW)
|
$321.90
|
|
|
Dubbo
(NSW)
|
$330.90
|
|
|
Goulburn
(NSW)
|
$325.90
|
|
|
Gosford
(NSW)
|
$321.90
|
|
|
Grafton
(NSW)
|
$329.90
|
|
|
Griffith
(NSW)
|
$319.90
|
|
|
Gunnedah
(NSW)
|
$327.90
|
|
|
Halls
Creek (WA)
|
$330.90
|
|
|
Lismore
(NSW)
|
$323.90
|
|
|
Maitland
(NSW)
|
$347.90
|
|
|
Mudgee
(NSW)
|
$348.90
|
|
|
Muswellbrook
(NSW)
|
$317.90
|
|
|
Newcastle
(NSW)
|
$355.90
|
|
|
Norfolk
Island (NSW)
|
$363.90
|
|
|
Northam
(WA)
|
$374.90
|
|
|
Nowra
(NSW)
|
$328.90
|
|
|
Orange
(NSW)
|
$362.90
|
|
|
Port
Macquarie (NSW)
|
$350.90
|
|
|
Wagga
Wagga (NSW)
|
$337.90
|
|
|
Wollongong
(NSW)
|
$341.90
|
|
|
Tier 2 country centres
|
Per day (inclusive of accommodation, meals
and incidental expenses allowance)
|
|
|
Albury
(NSW)
|
$303.70
|
|
|
Bathurst
(NSW)
|
$303.70
|
|
|
Bega
(NSW)
|
$303.70
|
|
|
Cobar
(NSW)
|
$303.70
|
|
|
Coffs
Harbour (NSW)
|
$303.70
|
|
|
Cooma
(NSW)
|
$303.70
|
|
|
Cowra
(NSW)
|
$303.70
|
|
|
Inverell
(NSW)
|
$303.70
|
|
|
Narrabri
(NSW)
|
$303.70
|
|
|
Queanbeyan
(NSW)
|
$303.70
|
|
|
Tamworth
(NSW)
|
$303.70
|
|
|
Taree
(NSW)
|
$303.70
|
|
|
Tumut
(NSW)
|
$303.70
|
|
|
|
|
|
|
Other country centres
|
$289.70
|
|
|
|
|
|
|
Incidental expenses when claiming actual
expenses - all locations
|
$23.95
|
|
|
|
|
|
|
Daily allowance payable after 35 days and
up to 6 months in the same location - all locations
|
50% of
the appropriate location rate
|
|
|
|
|
|
|
Incidental expenses
|
$23.95
|
____________________
Printed by
the authority of the Industrial Registrar.