CROWN EMPLOYEE (NSW FIRE FIGHTING STAFF) AWARD 2001

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by the New South Wales Fire Brigade Employees' Union, industrial organisation of employees.

 

(No. IRC 4352 of 2002)

 

 

VARIATION

 

1.          Delete paragraph 26.2.2 of subclause 26.2, of clause 26, Travelling Compensation of the award published 8 March 2002 (331 I.G. 1093) and insert in lieu thereof the following:

 

26.2.2               Where overnight accommodation is provided, any time from arrival until departure shall not count as waiting time except as follows:

 

26.2.2.1            if duty is performed on the day of arrival, the time less one hour between arrival and the commencement of duty; and

 

26.2.2.2            if duty is performed on the day of departure, the time less one hour from the completion of duty to departure; or

 

26.2.2.3            if no duty is performed on day of departure the time after 0830 hours until departure.

 

2.          Delete clause 28, Priority Of Transfer To Certain Areas Outside The GSA and insert in lieu thereof the following:

 

Clause 28.  Transfers Outside of the GSA

 

This Clause prescribes the transfer arrangements which shall apply in the case of all Operational Firefighter vacancies which arise outside of the GSA.

 

28.1      Transfer Register Applications

 

28.1.1               Applications for placement on any Transfer Register shall be made by way of report to the Deputy Manager Operational Personnel.  Such reports shall clearly state the Transfer Register on which the employee seeks to be placed, the employee’s current classification, the employee’s current address and whether or not the employee is claiming residential qualification pursuant to subclause 28.4.

 

28.1.2               With the exception of Recruit Firefighters, all firefighters shall be eligible to apply for placement on any one or more of the Country Transfer Registers or Regional Transfer Registers listed at subclause 28.2.

 

28.1.3               With the exception of Inspectors with regards to the Blue Mountains area (only), all Station Officers and Inspectors shall be eligible to apply for placement on any one or more of the Regional Transfer Registers listed at subclause 28.2.2.

 

28.1.4               Leading Firefighters shall not be eligible to apply for placement on any Officer Transfer Register until such time as they have been promoted to Station Officer rank.  Similarly, Station Officers shall not be eligible to apply for placement on any Senior Officer Transfer Register until such time as they have been promoted to Inspector rank.  Employees so promoted shall be required to submit a new report pursuant to subclause 28.1.1 in order to be placed on the corresponding Transfer Register for their new classification.

 

28.1.5               The Deputy Manager Operational Personnel shall acknowledge receipt of all applications within 14 days of the day upon which they are received.  This receipt shall confirm the employee’s service number, name, date of application, Transfer Register for which the employee has applied and, if applicable, whether or not the employee’s claim for Residential Qualification has been accepted.  Applications for placement on a Transfer Register shall only be valid upon the issuing of this receipt, which shall serve as proof of an employee’s application.

 

28.1.6               Employees may be removed from a Transfer Register by submitting a further report to that effect to the Deputy Manager Operational Personnel, who shall in turn issue a receipt as proof of that withdrawal.

 

28.2      Transfer Registers

 

28.2.1               Country Transfer Registers:

 

Transfer Register	Local Government Area
Albury	Albury City Council
Armidale	Armidale City Council
Bathurst	Bathurst City Council
Broken Hill	Broken Hill City Council
Coffs Harbour	Coffs Harbour City Council
Dubbo	Dubbo City Council
Goulburn	Goulburn City Council
Lismore	Lismore City Council
Maitland	Maitland City Council
Moree	Moree Plains Shire Council
Nowra	Shoalhaven City Council
Orange	Orange City Council
Port Macquarie	Hastings Council
Queanbeyan	Queanbeyan City Council
Tamworth	Tamworth City Council
Tweed Heads	Tweed Shire Council
Wagga Wagga	Wagga Wagga City Council

 

28.2.2               Regional Transfer Registers:

 

Transfer Register	Local Government Area
Blue Mountains	Blue Mountains City Council
Central Coast	Gosford City Council and Wyong Shire Council
Illawarra	Wollongong City Council and Shellharbour City Council
Newcastle	Lake Macquarie City Council and Newcastle City Council

 

28.2.3               The parties agree that where permanent firefighters are to be introduced in an area outside the GSA for which no Transfer Register exists, a new Transfer Register will be established. Where a new transfer register is to be established, the Department shall advertise the establishment of that register and invite initial applications for a period of six weeks. Any applications received within the six week period shall be deemed to have been received on the date of creation of the register and placed on that register in accordance with the following provisions:

 

28.2.3.1            Notwithstanding the provisions of subclause 28.4.2, an applicant who satisfies the provisions of subclause 28.4.3 and has done so for a period of 2 or more consecutive years leading up to the date of creation of the list shall be placed at the top of register. Where more than one applicant satisfies this provision, placement on the register shall be determined by a ballot conducted by the Deputy Manager Operational Personnel; and

 

28.2.3.2            Applicants who are unable to satisfy the provisions of subclause 28.2.3.1 shall be placed immediately after last of those applicants so placed on the register. Where more than one such application is received, the order of placement shall be determined by way of a ballot conducted by the Deputy Manager Operational Personnel.

 

28.3      Operation of Transfer Registers

 

28.3.1               The Department shall establish and maintain Transfer Registers as follows:

 

28.3.1.1            for firefighters, a separate Transfer Register for each of the Country Transfer Register areas and Regional Transfer Register areas listed at subclauses 28.2.1 and 28.2.2;

 

28.3.1.2            for officers, a separate Transfer Register for each of the Regional Transfer Register areas listed at subclause 28.2.2; and

 

28.3.1.3            for Senior Officers, a separate Transfer Register for each of the Regional Transfer Register areas listed at subclause 28.2.2.  Provided that there shall not be a Blue Mountains Regional Transfer Register for Senior Officers, and that vacancies which occur within that area shall be filled in accordance with subclause 28.7.

 

28.3.2               Each Transfer Register shall detail each applicant’s employee service number, their name, the date of their original application for transfer and, if applicable, the date of their successful application for residential qualification and/or the date of their eventual transfer to the area in question.

 

28.3.3               The placement of each employee upon each Transfer Register shall be determined by order of the date upon which the employee made application for placement on that Transfer Register.  Where more than one application for the same Transfer Register is submitted on the same day, the Deputy Manager Operational Personnel shall determine the order of placement of those multiple applicants by way of ballot.

 

28.3.4               Upon the occurrence of a vacancy within a Transfer Register’s area, that transfer shall be offered to employees on that Transfer Register in the following order:

 

28.3.4.1            the first offer of transfer shall be made to the highest placed employee holding residential priority status and, if declined, to the next highest placed employee holding residential priority status, and so on until such time as the vacancy is filled;

 

28.3.4.2            in the event that no employee on that Transfer Register holds residential priority status, or that all employees holding residential priority status decline the offer of transfer, the vacancy shall then be offered to all employees on that Transfer Register, with the first offer to be made to the highest placed employee and, if declined, to the next highest placed employee and so on until such time as the vacancy is filled; and

 

28.3.4.3            in the event that no employee exists on that Transfer Register and/or all employees on that Transfer Register decline the offer of transfer, the vacancy shall then be advertised for and open to all eligible employees.

 

28.3.5               Declining an offer of transfer shall not affect an employee’s position on the relevant Transfer Register, provided that employees who decline three successive offers of transfer shall be removed from that Transfer Register.

 

28.3.6               The Department shall make available copies of all Transfer Registers to employees in the manner agreed between the Department and the Union.

 

28.4      Residential Qualification and Residential Priority Status

 

28.4.1               All employees seeking residential qualification on any Transfer Register shall be required to submit a report to the Deputy Manager Operational Personnel setting out the Transfer Register for which residential qualification is sought, the address of their primary residence and their current work location.  This report may be either the same report as that of the employee’s original application made pursuant to subclause 28.1.1, or a subsequent report which is submitted due to an employee’s transfer or a change of primary residence.

 

28.4.2               An employee shall not be entitled to recognition of residential qualification on any Transfer Register prior to the date of their report making application for that recognition pursuant to subclause 28.4.1.

 

28.4.3               In order to recognise an employee’s claim for residential qualification on a particular Transfer Register, the Deputy Manager Operational Personnel must first be satisfied that the primary residence in question is located either:

 

28.4.3.1            within the Transfer Register area in question, or

 

28.4.3.2            in such a location that any permanently staffed fire station within the Transfer Register area for which the applicant is claiming residential priority is closer to their primary residence than any permanently staffed fire station within the GSA or Transfer Register area, as the case may be, to which the applicant is currently attached.  For the purposes of this subclause, distances shall be determined by drawing a straight line between both locations and calculating that distance, i.e. in a straight line.

 

28.4.4               Employees holding residential qualification on any Transfer Register must submit a further report pursuant to subclause 28.4.1 immediately upon their:

 

28.4.4.1            change of address, meaning a change in the location of their primary residence; or

 

28.4.4.2            transfer from the GSA to a Transfer Register area; or

 

28.4.4.3            transfer from one Transfer Register area to another Transfer Register area.

 

28.4.5               The Deputy Manager Operational Personnel shall acknowledge and review all reports submitted pursuant to subclause 28.4.4.  If an employee’s transfer or revised primary residence location means that the employee no longer satisfies the residential qualification requirements of subclause 28.4.3, then the employee’s records upon the relevant Transfer Register(s) shall be adjusted accordingly.  It shall remain the responsibility of employees to apply for any additional residential qualification which may arise as a result of their transfer or revised primary residence.

 

28.4.6               Subject to the provisions of subclause 28.4.7, an employee who has held and continually maintained residential qualification upon a Transfer Register for two years shall then be recognised as holding residential priority status for that Transfer Register.  Employees may be required to provide evidence of their primary residence with Statutory Declarations, electoral enrolment forms, rates notices, bills and/or such other documentation or evidence which it would be reasonable for the Department to request of the employee in order to verify their claim.  Vacant blocks of land, Post Office boxes, investment properties, holiday homes or the addresses of relatives or friends, when in fact the employee has primarily resided elsewhere, shall therefore be unacceptable.

 

28.4.7               In the case of Leading Firefighters who are promoted to Station Officer, or Station Officers who are promoted to Inspector:

 

28.4.7.1            if stationed within a Regional Transfer Register area at the time of their promotion, then such employees shall be transferred to the GSA.  Provided that employees so transferred who make application pursuant to subclause 28.1 for return transfer within three months of the date of their promotion shall be placed on the corresponding Transfer Register for their new classification and credited with residential priority status as of the date of that promotion;

 

28.4.7.2            if holding a position on a Regional Transfer Register at the time of their promotion, and holding residential priority status for that area, then such employees shall be entitled within three months of the date of their promotion to submit a further report pursuant to subclause 28.1, following which they shall be placed on the corresponding Transfer Register for their new classification and credited with residential priority status as of the date of that promotion;

 

28.4.7.3            if holding a position on a Regional Transfer Register at the time of their promotion, and holding residential qualification for that area, then such employees shall be entitled within three months of the date of their promotion to submit a further report pursuant to subclause 28.1, following which they shall be placed on the corresponding Transfer Register for their new classification as of the date of that promotion and recognised for the purposes of subclause 28.4.6 for that period of residential qualification already accrued.

 

28.4.7.4            if holding a position on a Regional Transfer Register at the time of their promotion, but without holding residential qualification for that area, then such employees shall be entitled within three months of the date of their promotion to submit a further report pursuant to subclause 28.1, following which they shall then be placed on the corresponding Transfer Register for their new classification as of the date of that promotion.

 

28.5      Appeals concerning Residential Qualification

 

28.5.1               An employee seeking to challenge either the Department’s determination of their residential qualification, or the Department’s determination of the residential qualification of another employee may appeal in the first instance by way of report to the Manager Operational Personnel.  Such reports shall provide all relevant details and may be supported by any documentation or evidence which the employee considers relevant to their claim.  An anonymous appeal against an employee shall not be investigated.

 

28.5.2               Where an appeal concerns the employee’s own residential qualification, the Manager Operational Personnel shall provide the employee with a written determination of that appeal, setting out the reasons for same, within 14 days of receipt of the employee’s report.

 

28.5.3               Where an appeal concerns the residential qualification of another employee, the Manager Operational Personnel shall forward a copy of the said report to the employee who is the subject of the challenge.  The employee under challenge shall be allowed no less than 28 days to reply by way of report to the Manager Operational Personnel who shall thereafter provide both employees with a written determination of the appeal, setting out the reasons for same, within 14 days of receipt of the second employee’s report.

 

28.5.4               An employee may appeal a determination of the Manager Operational Personnel by way of report to the Commissioner.  The Commissioner shall consider all previous reports and documentation relating to the matter, together with any additional information which the employee or employees concerned may supply, following which the Commissioner shall provide the employee or employees concerned with a written and final determination of the matter.

 

28.6      Regional Communications and BA/Hazmat

 

This subclause prescribes the transfer arrangements which shall apply for all firefighter or Station Officer vacancies which occur within Regional Communication Centres and Regional BA/Hazmat Sections.

 

28.6.1               Upon the occurrence of a vacancy, transfers shall be offered in the following order:

 

28.6.1.1            Firstly, by advertisement by way of internal memorandum to all employees who are stationed within the Regional Transfer Register area in which the vacancy exists.  Where there are more suitable applicants than positions available, interviews shall be held to determine the successful applicant.

 

28.6.1.2            In the event that no applications are received at subclause 28.6.1.1, or that none of the local applicants meet the essential criteria, as agreed between the Department and the Union, the vacancy shall then be offered to all employees holding residential priority status on the relevant Regional Transfer Register, with the first offer to be made to the highest placed applicant who meets the essential criteria and, if declined, to the next highest placed applicant who meets the essential criteria and so on until such time as the vacancy is filled.

 

28.6.1.3            In the event that all employees holding residential priority status on that Regional Transfer Register decline the offer of transfer, or that no such employee meets the essential criteria, as agreed between the Department and the Union, the vacancy shall then be offered to all employees on that Regional Transfer Register, with the first offer to be made to the highest placed applicant who meets the essential criteria and, if declined, to the next highest placed applicant who meets the essential criteria and so on until such time as the vacancy is filled.

 

28.6.1.4            In the event that all employees on that Regional Transfer Register decline the offer of transfer, or that none of the Regional Transfer Register applicants meet the essential criteria, as agreed between the Department and the Union, the vacancy shall then be advertised by way of internal memorandum to all Communication Centre or BA/Hazmat employees (as the case may be).  Where there are more suitable applicants than positions, interviews shall be held to determine the successful applicant.

 

28.6.1.5            In the event that all Communication Centre or BA/Hazmat employees (as the case may be) decline the offer of transfer, the vacancy shall then be advertised for and open to all eligible employees through In Orders.

 

28.6.1.6            Successful applicants will be required to successfully complete the required training, and on appointment, to serve in the relevant Centre/Section for a minimum period of three years. Provided that if the transfer is made in accordance with subclause 28.6.1.4 then the cumulative total service will be a minimum period of three years.

 

28.7      Country Officers, Country Senior Officers and Operational Support Staff

 

28.7.1               Vacancies which occur amongst any of the positions listed at subclause 28.7.2 shall be advertised though In Orders and filled on the basis of competitive merit selection.  Selection Committees shall be constituted in accordance with the Recruitment and Selection Guidelines of the NSW Public Service.

 

28.7.2

 

28.7.2.1            Country Officers, being all Station Officer positions located in areas outside of the GSA and the Regional areas listed at subclause 28.2.2; and

 

28.7.2.2            Country Senior Officers, being all Inspector positions located outside the GSA and the Newcastle, Central Coast and Illawarra Transfer Register areas; and

 

28.7.2.3            Operational Support staff, being all positions defined as such by Clause 14 of this Award.

 

28.8      Transitional Provisions

 

Employees who, as at 7 June 2002 were recognised by the Department as living in or travelling through an area for which they had applied for transfer in accordance with In Orders 1991/19 shall be deemed, for the purposes of subclause 28.4.1, to have applied for and received residential qualification for that Transfer Register on the date initially recognised by the Department.

 

3.          This variation shall take effect on and from 9 August 2002.

 

 

 

R. P. BOLAND  J.

 

 

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Printed by the authority of the Industrial Registrar.