Crown Employees (Fire and Rescue NSW Permanent
Firefighting Staff) Award 2016
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South Wales Fire Brigade Employees Union, Industrial Organisation of Employees.
(No. IRC 1046 of 2015)
Before Commissioner Murphy
|
5 February 2016
|
AWARD
PART A - Introduction, Index, Basic Wage, and Definitions
1. Introduction
1.1 This Award
shall be known as the "Crown Employees (Fire and Rescue NSW Permanent Firefighting
Staff) Award 2016".
1.2 This Award
regulates the rates of pay and conditions of employment for employees covered
by this Award.
1.3 This Award is
in three Parts as follows:-
Part A - Introduction, Index, Basic Wage, and
Definitions
Part B - Rates of Pay and Conditions of Employment
Part C - Monetary Rates
1.4 Except as
provided by subclause 1.5, the provisions of Part B, Rates of Pay and
Conditions of Employment shall apply to all employees covered by this Award.
1.5 The provisions
of Clause 9 - Overtime, Clause 10 - Meals and Refreshments, Clause 12 -
Relieving Provisions, Clause 16 - Training Course Attendance Entitlements,
Clause 19 - Examination and Assessment leave, Clause 25 - Court Attendance
Entitlements, Clause 27 - Notice of Transfer and Clause 28 - Transfers
Outside the GSA shall not apply to Executive Officers.
2. Index
PART A - INTRODUCTION, INDEX, BASIC WAGE, AND DEFINITIONS
1. Introduction
2. Index
3. Basic
Wage
4. Definitions
PART B - RATES OF PAY AND CONDITIONS OF EMPLOYMENT
5. Intention
6. Rates of
Pay and Allowances
7. Higher
Duties
8. Hours of
Work
9. Overtime
10. Meals and
Refreshments
11. Transport
12. Relieving
Provisions
12a Interstate
and International Deployments
13. Progression
and Promotion Provisions
14. Operational
Support Positions
15. Training
and Staff Development
16. Training
Course Attendance Entitlements
17. Annual
Leave
18. Compassionate
Leave
19. Examination
and Assessment Leave
20. Long
Service Leave
21. Parental
Leave
22. Carer's
Leave
23. Sick Leave
24. Special
Leave for Union Activities
25. Court
Attendance Entitlements
26. Travelling
Compensation
27. Notice of
Transfer
28. Transfers
Outside of the GSA
29. Transferred
Employee's Compensation
30. Rental of
Premises
31. Protective
Clothing and Uniforms
32. Clothes
Drying Facility
33. Cleaning
of Clothes
34. Safety
Belts
35. Disputes
Avoidance Procedures
36 Organisational
Change under Clause 36.2
37. Acknowledgment
of Applications And Reports
38. Procedures
Regarding Reports and Charges
39. Alcohol
and Other Drugs
40. Salary
Sacrifice to Superannuation
41. Anti-Discrimination
42. Employees'
Duties
43. No Extra
Claims
44. Area,
Incidence and Duration
PART C - MONETARY RATES
3. Basic Wage
3.1 This Award, in
so far as it fixes rates of wages, is made by reference and in relation to the
adult basic wage currently in force under Clause 15 of Division 4 of Part 2 of
Schedule 4, Savings, Transitional and other provisions, of the Industrial
Relations Act 1996.
4. Definitions
"Agreed Distance" means the relevant distance set
out within the Matrices which appeared at Part E of the Crown Employees (NSW
Fire Brigades Firefighting Staff) Award 2001, or as subsequently amended pursuant
to subclause 12.10, copies of which shall be provided by the Department to
employees in the manner agreed between the Department and the Union.
"Commissioner" means Commissioner of the
Department holding office as such under the Government Sector Employment Act
2013.
"Competency" means the training competencies
developed by the Department following consultation between the Department and
the Union providing the appropriate level of training, or part thereof, for the
skill required to undertake the work for each classification covered by this
Award.
"Department" means Fire and Rescue NSW established
by the Fire Brigades Act 1989 and as a Public Service Executive Agency under
Schedule 1 of the Government Sector Employment Act 2013.
"Employee" means a person, other than an employee
covered by the Crown Employees (Fire and Rescue NSW Retained Firefighting
Staff) Award, employed in one of the classifications covered by this Award, as
a member of Fire and Rescue NSW in terms of the provisions of the Fire Brigades
Act 1989. Provided that where "employee" is referred to in the
provisions of this Award which apply exclusively to either Operational
Firefighters, Operational Support Positions or to Executive Officers,
"employee" shall mean only those classifications to which the
exclusive conditions are intended to apply.
"Emergency Meal" means a Long Life Meal Pack
supplied when the provision of a Substantial Meal is not practicable, the basis
of which shall be a self-heating 320g meal that is generally meat based (except
for special diet packs such as vegetarian or vegan packs) and shall also
include one dried fruit or fruit and nut mix (Sunbeam Fruit and Nut 40g, Fruit
on the Go 50g, or similar) and one cheese and biscuits (Uncle Tobys Le Snak
Cheddar Cheese 20g, or similar) or one fruit pack (Goulburn Valley no added
sugar 220 g, or similar) and one 100% fruit juice box (Just Juice 250 ml, or
similar).
"Executive Officer" means an employee having the
rank of Chief Superintendent or Superintendent.
"Fire District" has the same meaning as in the
Fire Brigades Act 1989.
"GSA" (Greater Sydney Area) means within the area
bounded by the Local Government areas of Pittwater, Hornsby, Baulkham Hills,
Hawkesbury, Penrith, Liverpool, Wollondilly, Campbelltown and Sutherland.
"Incident" means a fire call or any other
emergency incident attended by Fire and Rescue NSW.
"Major Aerial Appliance" means a firefighting
vehicle equipped with a motorised boom and/or ladder extension with a reach of
more than 18 metres.
"Merit Selection" means a fair, transparent,
impartial process that assesses the merit of all applicants so that the
employee selected is the applicant who is the most suitable to perform the
duties of the vacant position.
"Minor Aerial Appliance" means a firefighting
vehicle equipped with a motorised boom and/or ladder extension with a reach of
up to and including 18 metres.
"Non-Officer" means an employee classified as a
Recruit, Firefighter, Qualified Firefighter, Senior Firefighter or Leading Firefighter.
"Officer" means any employee having the rank of
Station Officer or Leading Station Officer.
"Operational Firefighter" means a firefighter
classified as one of the following: Recruit Firefighter; Firefighter; Qualified
Firefighter; Senior Firefighter; Leading Firefighter; Station Officer; Leading
Station Officer; or Inspector.
"Operational Support Position" means a position
classified as such by the Department following consultation between the
Department and the Union and graded using a NSW Government accredited job
evaluation system.
"Outduty" means a period of relief duty performed
by a Non-Officer or Officer, not being a Relieving Employee or the occupant of
an Operational Support position, where the Non-Officer or Officer either
commences and/or ceases their rostered shift at a station/location other than
the station where the Non-Officer or Officer normally reports for duty, or
where the Non-Officer or Officer both commences and ceases their rostered shift
at their own station but performs Stand By duties elsewhere for more than four
hours, but does not include an employee on suitable duties.
"Overtime" means for an Operational Firefighter
all time worked with approval or direction in excess of the employee's rostered
shift.
"Platoon" means a group of employees assigned to a
shift.
"Refreshments" means tea bags, instant coffee,
boiling water, sugar, long life milk, two biscuits and one cereal bar (any bar
from the following list: K Time Twists 37 g bar, All-Bran Baked Bars 40g bar,
Uncle Tobys Crunchy Muesli Bars Apricot, Uncle Tobys Fruit Twist - Apple and
Pear, or similar) or one Goulburn Valley or similar fruit pack 220 g (no added
sugar) and one liquid meal drink (any drink from the following list: Sustagen
Sport 250 ml, Up and Go 250 ml, or similar) or one carbohydrate/electrolyte
beverage (Sqwincher Qwik Serv
42g sachet, or similar).
"Relieving Employee" means an employee serving at
a station while not being permanently attached to any one station.
"Senior Officer" means an employee having the rank
of Inspector.
"Stand By" means a period of relief duty performed
by a Non-Officer or Officer, not being a Relieving Employee or the occupant of
an Operational Support position, where the Non-Officer or Officer both
commences and ceases their rostered shift at their own station but is
temporarily assigned to one or more other stations in the interim for a total
of four or less hours.
"Standard Roster" means the roster prescribed in
subclause 8.3 of Clause 8 of this Award.
"Substantial Meal" means a meal identified in the
Department’s Incident Ground Meals Guide, as published at the date of the
making of this Award, or a meal of a similar nutritional and sensory quality
standard.
"Union" means the Fire Brigade Employees' Union of
New South Wales.
PART B - RATES OF PAY AND CONDITIONS OF EMPLOYMENT
5. Intention
The intention of this Award is to regulate the rates of pay
and conditions of employment for employees covered by this Award.
6. Rates of Pay
and Allowances
6.1 The provisions
of clauses 6.2 to 6.7 inclusive shall not apply to Executive Officers and the
provisions of subclause 6.8 shall not apply to Operational Firefighters. The
provisions of subclauses 6.9 to 6.17 inclusive shall apply to all employees.
6.2 Operational
Firefighters
6.2.1 An employee
shall be paid the rate of pay prescribed for the employee's classification in
Tables 1 and 2 of Part C, Monetary Rates, of this Award.
6.3 Each "Per
Week" rate of pay shown in Tables 1 and 2 of Part C is a composite rate
which incorporates:
6.3.1 the basic wage,
margin, loading, shift allowance and industry allowance previously prescribed
separately in the Fire Brigade Employees (State) Award (as varied from time to
time), published in the NSW Industrial Gazette on 28 June, 1991; and
6.3.2 with the
exception of the Recruit Firefighter classification, the Roster Allowance
previously prescribed separately in the Crown Employees (Fire and Rescue NSW
Permanent Firefighting Staff) Award 2011, published in the NSW Industrial
Gazette on 25 March 2011.
6.4
6.4.1 The "shift
allowance" referred to in subclause 6.3.1 is an amount to compensate for
shiftwork.
6.4.2 The 'loading'
referred to in subclause 6.3.1 is an amount which is in compensation for the
incidence, as a result of the normal roster arrangements, of work on weekends
and public holidays. Employees who work on Easter Sunday or on any additional
public holiday that is Gazetted or otherwise confirmed by the NSW Government
shall be credited with the same number of hours of consolidated leave as those
hours actually worked on each such day. For the purposes of this clause
additional public holidays shall not include local public holidays.
6.4.3 The
"industry allowance" referred to in subclause 6.3.1 is an amount
which is in consideration of conditions particular to working in the
Firefighting Industry.
6.5
6.5.1 The "Roster
Allowance" referred to in subclause 6.3.2 is an amount equivalent to an
employee’s hourly rate of pay multiplied by 1.75 in compensation for working a 42
hour week. This amount is a residual of the two hours of 10/14 Rostered
Overtime that was paid to employees working a 38 hour week until the Crown
Employees (NSW Fire Brigades Firefighting Staff) Award 2000 incorporated this
overtime within the total weekly rate of pay and introduced the Roster
Allowance and a 40 hour week.
6.6 Except as
provided for in this subclause, or in subclause 6.7, in addition to the rates
of pay prescribed in Tables 1 and 2 of Part C, employees, where applicable,
shall be paid:
6.6.1 An amount not
exceeding the Laundry Expenses set at Item 1 of Table 3 of Part C, for all
reasonable laundry expenses incurred by an employee who performs duty on a
temporary basis outside the GSA.
Accounts for such laundry expenses are to be submitted when a claim is
made.
6.6.2 The Kilometre
Allowance set at Item 2 of Table 3 of Part C, per kilometre:
6.6.2.1 for
Non-Officers or Officers who perform a "Stand By" and who are
required to use their private vehicle to perform such "Stand
By". The distance shall be the
agreed distance or, if the return distance travelled by the employee from the
station at which duty commenced to the station at which the "Stand
By" is performed is not contained in the Matrices, the actual distance
necessarily and reasonably travelled; and
6.6.2.2 for
Operational Firefighters who travel between stations pursuant to Clause 12,
Relieving Provisions; and
6.6.2.3 for
Officers who are required to use their own vehicle to attend an incident whilst
off duty.
6.6.3 The Major Aerial
Allowance set at Item 3 of Table 3 of Part C, per week, for Non-Officers who
are qualified to operate a Major Aerial Appliance and who are attached to a
station with this equipment.
6.6.4 The Minor Aerial
Allowance set at Item 4 of Table 3 of Part C, per week, for Non-Officers and
Officers who are qualified to operate a Minor Aerial Appliance and who are
attached to a station with this equipment.
6.6.5 The Hazmat
Allowance set at Item 5 of Table 3 of Part C, per week, for Non-Officers and
Officers who are qualified for and attached to a Hazmat station within Sydney,
Newcastle, Wollongong or the Central Coast.
6.6.6 The
Communications Allowance set at Item 6 of Table 3 of Part C, per week, for
Non-Officers who are qualified for and attached to the Communications sections
at Sydney or Newcastle, which shall be paid for all purposes.
6.6.7 The
Communications Allowance set at Item 7 of Table 3 of Part C, per week, for
Officers who are qualified for and attached to the Communications sections at
Sydney or Newcastle, which shall be paid for all purposes.
6.6.8 The
Communications Allowance set at Item 8 of Table 3 of Part C, per week, for
Senior Officers who are qualified for and attached to the Communications
section at Sydney, which shall be paid for all purposes.
6.6.9 The Country
Allowance set at Item 9 of Table 3 of Part C for Officers and Senior Officers
who are attached to a station or workplace located outside the GSA and outside
the areas specified in subclause 28.2.2 of this Award, which shall be paid for
all purposes.
6.6.10 The Remote Area
Allowance set at Item 10 of Table 3 of Part C, per week, for Non-Officers and
Officers who are attached to a station at Broken Hill or Moree, which shall be
paid for all purposes.
6.6.11 The Rescue Allowance
set at Item 11 of Table 3 of Part C for Non-Officers and Officers who are
recognised as qualified rescue operators by the State Rescue Board and who are
attached to a Primary or Secondary Rescue station.
6.6.12 The Service
Allowance set at Item 12 of Table 3 of Part C for Non-Officers who have
completed the requisite period of service as an employee.
6.6.13 The Marine
Allowance set at Item 13 of Table 3 of Part C, per week, for Non-Officers and
Officers who are qualified for and attached to a designated marine station.
6.7 Exceptions,
Explanations and Method of Adjustment
6.7.1 Subject to
subclause 7.7, the allowances set at subclauses 6.6.3 to 6.6.13 (inclusive)
shall not be payable to the occupants of Operational Support positions.
6.7.2 The allowances
set at subclauses 6.6.3 to 6.6.13 (inclusive) shall be paid in full, regardless
of the number of shifts actually worked by the employee within that week.
6.7.3 The term
"attached to" within this Clause shall include employees who are
permanently assigned to the relevant station or section but who are performing
an Outduty at some other location and Relieving Employees whose base station is
the relevant station or section and who are performing relief duty at some
other location, but shall not include employees who perform duty at the
relevant station or section pursuant to Clause 9, Overtime, except as provided
for in subclauses 6.6.6, 6.6.7, 6.6.8, 6.6.9 and 6.6.10.
6.7.4 The allowances
set at subclause 6.6.12 shall in future be adjusted by firstly calculating the
increase for 5-10 years service to the nearest cent to arrive at a new base
rate and then doubling that new base rate to arrive at the new 10-15 years
service amount and tripling that new base rate to arrive at the new 15-plus
years service amount.
6.7.5 The Major and
Minor Aerial allowances set at subclauses 6.6.3 and 6.6.4 respectively, shall
not be paid concurrently. In situations where both allowances would otherwise
apply pursuant to this Clause, the Major Aerial Allowance only shall be paid.
6.8 Executive
Officers
The salaries for Executive Officers are as specified in
Tables 1 and 2 of Part C, Monetary Rates. Such salaries are all incidence rates
of pay and include compensation for:
6.8.1 the way in which
ordinary hours are worked in terms of sub-clause 8.12;
6.8.2 the working of
any excess hours or being on call; and
6.8.3 the non payment
of an annual leave loading.
6.9 Provisions
Applying to All Employees
6.9.1 Employees shall be
paid fortnightly and payment shall be made into a bank account specified by the
employee, or other financial institutions acceptable to the Department and the
Union.
6.9.2 Employees shall
be paid not later than Thursday in any pay week. Provided that Operational
Firefighters who perform overtime shall be paid within two pay periods of the
date upon which such overtime was worked.
6.10
6.10.1 An employee shall
not be entitled to payment in respect of any unwarranted absence from duty or
in respect of leave granted without pay.
6.10.2 Where any strike
or stoppage of work occurs during a pay period for which payment has already
been made, the Department shall deduct the amount overpaid from the wages of
the employee. The provisions of subclause 6.16 shall not apply in cases where
overpayments have occurred as a result of any strike or stoppage of work.
6.11 Unless as
otherwise provided for in Clause 24, Special Leave for Union Activities, where
an employee is, on application, granted leave by the Department to attend to
Union business, all such leave shall be leave without pay.
6.12 Where the period
of absence or leave under subclauses 6.10 and 6.11 of this clause, is a portion
of a week, the amount to which an employee shall be disentitled shall be ascertained
on an hourly basis. Such disentitlement shall be calculated to the nearest five
minutes.
6.13 Where a portion
of a week is worked in a higher classification immediately following promotion,
payment for that portion shall be ascertained, on an hourly basis, by dividing
the minimum rate of pay applicable to the new classification by forty. Such
entitlement shall be calculated to the nearest five minutes.
6.14 In the event of
the death of an employee, all monies due to the employee pursuant to the provisions
of this Award shall be paid to the employee's estate.
6.15 Payroll
Deductions:
6.15.1 Except as provided
for in 6.15.2, all salary deductions shall be made in accordance with the
Treasury Guidelines.
6.15.2 Upon application
by an employee, the Department shall make deductions from the employee's pay
for Union subscriptions and shall forward the amount so deducted to the Union
as soon as possible thereafter.
6.16 Overpayments:
6.16.1 In cases where an employee
has been overpaid, the Department shall be entitled to recover such overpayment
in full. Unless the employee agrees otherwise, the maximum rate at which the
overpayment can be recovered is an amount, calculated on a per fortnight basis,
equivalent to 10% of the employee's gross fortnightly pay.
6.16.2 In all cases where
overpayments have occurred, the Department shall as soon as possible advise the
employee concerned of both the circumstances surrounding the overpayment and
the amount involved. The Department will also advise the employee of the pay
period from which the recovery of the overpayment is to commence.
6.16.3 The recovery rate
of 10% of an employee's gross fortnightly pay referred to in subclause 6.16.1
may be reduced by approval of the Commissioner if the Commissioner is satisfied
that such a rate of recovery would cause undue hardship to the employee
concerned.
6.16.4 Where an
employee's remaining period of service does not permit the full recovery of any
overpayment to be achieved on the fortnightly basis prescribed in subclause
6.16.1, the Department shall have the right to deduct any balance of such
overpayment from monies owing to the employee on the employee's date of
termination, resignation or retirement, as the case may be.
7. Higher Duties
7.1 Subject to
subclauses 7.2, 7.3, 7.4 and 7.7, an employee shall not be permitted to perform
higher duties unless, firstly, the employee is qualified to perform such duties
and, secondly, where a rank or classification structure applies, the employee
is at the rank or classification immediately below the rank or classification
of the position in which the relief is to be performed.
7.2 Where a Station
Officer is temporarily absent (on leave or for any other reason), that Station
Officer’s position may be filled by a Leading Firefighter performing higher
duties, provided that no absent Station Officer’s position may be filled by a
Leading Firefighter performing higher duties (either by election or direction)
for more than 28 days of any such absence.
7.3 Where an
Inspector (including an Operational Support Inspector) is temporarily absent
(on leave or for any other reason), that Inspector’s position may be filled by
a Leading Station Officer performing higher duties, provided that no absent
Inspector’s position may be filled by a Leading Station Officer performing
higher duties (either by election or direction) for more than 28 days of any
such absence.
7.4 Leading
Firefighters and Leading Station Officers may elect or be directed to temporarily
perform higher duties in the circumstances described in subclauses 7.2 and 7.3
and subject to subclause 7.5, shall not perform higher duties otherwise.
7.5 The limitations
of subclauses 7.2, 7.3 and 7.4 shall not apply where:
7.5.1 a vacancy in a Country
position arises and is advertised in Commissioner’s Orders pursuant to
subclause 28.7 within 28 days of such vacancy occurring, in which case a
Leading Firefighter or Leading Station Officer (as the case may be) may elect
or be directed to perform the duties of the vacant position until the position
is filled, or the expiration of three months, whichever occurs first.
7.5.2 a Leading
Firefighter or Senior Firefighter successfully applies for a Country Officer
position pursuant to subclause 28.7.2, in which case the Leading Firefighter
or, subject to subclause 28.7.2.3, Senior Firefighter shall be transferred to
that station/location and shall perform the duties of the vacant position until
such time as he or she is either promoted, or ceases to be eligible for such
promotion pursuant to subclause 13.8.2. An employee who ceases to be eligible
for such promotion shall cease to hold that position and be transferred to the
GSA.
7.5.3 a Leading
Station Officer or Station Officer successfully applies for a Country Senior
Officer position pursuant to subclause 28.7.3, in which case the Leading
Station Officer or, subject to subclause 28.7.3.3, Station Officer shall be
transferred to that station/location and shall perform the duties of the vacant
position until such time as he or she is either promoted, or ceases to be
eligible for such promotion pursuant to subclause 13.10.3. An employee who
ceases to be eligible for such promotion shall cease to hold that position and
be transferred to the GSA.
7.5.4 a Leading
Station Officer or Station Officer successfully applies for an Operational
Support Inspector’s position pursuant to subclause 28.7.4, in which case the
Leading Station Officer or Station Officer (as the case may be) shall be
transferred to that station/location and shall perform the duties of the vacant
Operational Support Inspector’s position until such time as he or she is either
promoted, or ceases to be eligible for such promotion pursuant to subclause
13.10.3. An employee who ceases to be eligible for such promotion shall cease
to hold that position and, if located outside of the GSA, be transferred to the
GSA.
7.6 For the
avoidance of doubt, the intention of subclauses 7.2, 7.3, 7.4 and 7.5 is to
ensure that Station Officer positions are ordinarily filled by employees
holding the rank of Station Officer or Leading Station Officer, and that
Inspector positions are ordinarily filled by employees holding the rank of
Inspector.
7.7 An employee
performing higher duties shall be paid the difference between the employee's
usual rate of pay and the minimum rate of pay for the rank or classification in
which the higher duties are performed.
An employee who is ordinarily entitled to an allowance at subclause 6.6.3
to 6.6.13 (inclusive) shall continue to be paid such allowance while they are
performing higher duties.
7.8 An employee
performing higher duties who proceeds on any form of leave shall be paid during
such leave at the employee’s usual rate of pay and not at rate of pay of the
rank or classification in which the higher duties were being performed.
7.9 While a Senior
Officer who relieves an Executive Officer shall be remunerated for the period
of relief in terms of subclause 7.7, such employee shall, with the exception of
provisions relating to hours of work and overtime, retain the conditions of
employment applicable to a Senior Officer. In relation to hours of work and
excess hours such an employee shall, for the period of relief, be covered by
subclause 8.12 of Clause 8, Hours of Work.
7.10 In selecting
employees to perform higher duties the following procedures shall apply:
7.10.1 Where the period
of relief is to be less than one month, merit selection need not be applied.
However, the Department shall have regard to the principles of equitably
sharing career development opportunities.
7.10.2 Where the period
of relief of an Executive Officer or an Operational Support position is one
month or more and the need for the relief is known in advance, expressions of
interest shall be called for and determined by merit selection.
7.10.3 Where the need for
the relief of an Executive Officer or an Operational Support position is not
known in advance, but it subsequently becomes known that the duration of the
relief is anticipated to be for two months or more, the initial appointment
shall be made in accordance with subclause 7.10.1. However, immediately
following that initial appointment expressions of interest are to be called for
and determined by merit selection.
8. Hours of Work
8.1 Subject to
subclauses 8.2.2 and 8.2.3, the average ordinary working hours of Operational
Firefighters shall be forty hours per week over the cycle of weeks for which
the rosters of ordinary hours of duty and leave operate. All rosters include,
in addition to the average forty ordinary hours per week, an average per week
of two hours of thirty-eight hour week leave accrual which shall be accumulated
and added to annual leave accrual and taken in accordance with Clause 17,
Annual Leave.
8.2 Arrangement of
Rosters
8.2.1 Subject to
subclause 8.9, Operational Firefighters shall work the roster in operation at
the station/location to which they are permanently attached and this roster
shall be known as their default roster. No default roster shall allow rostered
shifts in excess of fourteen hours duration. Any proposed change at any
location from one roster system to another, or to a new roster system, shall
only occur following consultation between the Department and the Union.
8.2.2 Operational
Firefighters may, with the Department’s agreement, elect to work alternative
rosters to their default roster, provided that any such alternative roster:
8.2.2.1 must
operate over an eight-week cycle and be drawn up and provided to both the Operational
Firefighter and the Union not less than fourteen days prior to commencement;
8.2.2.2 must
allow at least eight consecutive hours between the cessation of one rostered
shift and the commencement of the next rostered shift;
8.2.2.3 must
operate within the hours of the Operational Firefighter’s default roster,
provided that employees whose default roster is the Special Roster may apply to
work alternative rosters that commence and cease up to two hours earlier or
later than provided by the Special Roster.
8.2.2.4 must
not allow split or broken shifts;
8.2.2.5 must
not allow a reduction in the minimum Operational Firefighter staffing required
at the station/location in question;
8.2.2.6 must
not allow more than five days’ work, or more than five rostered shifts, in any
seven day period; and
8.2.2.7 must
not average more than forty two ordinary working hours per week over the
eight-week cycle.
8.2.3 An Operational
Firefighter who elects to work an alternative roster that allows fewer average
ordinary working hours than allowed for by subclause 8.1 shall be paid and
accrue leave on a pro-rata basis.
8.2.4 Notwithstanding
anything to the contrary elsewhere in this Award, an Operational Firefighter
who elects to work an alternative roster that allows one or more 24 hour shifts
shall:
8.2.4.1 be
paid the Relieving Allowance, if payable, twice for each rostered 24 hour shift
so worked; and
8.2.4.2 have
any Outduty performed during a rostered 24 hour shift counted as two Outduties
for the purposes of subclause 12.17; and
8.2.4.3 have
the period before a Stand By becomes an Outduty during a rostered 24 hour shift
doubled, but only if the Stand By is performed to cover the absence of another
employee who was rostered to work a 24 hour shift; and
8.2.4.4 have
any compassionate leave taken during a rostered 24 hour shift counted as two
shifts for the purposes of subclause 18.1; and
8.2.4.5 have
any unsupported sick leave absence taken during a rostered 24 hour shift
counted as two separate occasions for the purposes of subclause 23.8.
8.2.4a In all cases, the
Relieving Allowance paid at subclause 8.2.4.1 and the Outduties and leave
counted at subclauses 8.2.4.2, 8.2.4.4 and 8.2.4.5 shall not be paid or counted
either less or more than twice during a 24 hour rostered shift.
8.2.5 Subject to
subclause 8.2.6, the Department shall return an Operational Firefighter who is
working an alternative roster to their default roster within fourteen days of receipt
of a written request from the Operational Firefighter.
8.2.6 Where the
Department’s agreement to the working of an alternative roster was conditional
upon one or more Operational Firefighters working an alternative roster in
concert with each other and one or more of those Operational Firefighters
submits a written request to return to their default roster, the Department:
8.2.6.1 shall
return the Operational Firefighter(s) who requested to return to their default
roster within 28 days; and
8.2.6.2 shall
notify the remaining Operational Firefighters, in writing, of that request
within 7 days; and
8.2.6.3 may
return the Operational Firefighters to their default rosters not less than 21
days following their receipt of notification at subclause 8.2.6.2.
8.3 Standard 10/14
Roster System
|
1st Week
|
2nd Week
|
3rd Week
|
4th Week
|
Platoon
|
F
|
S
|
S
|
M
|
T
|
W
|
T
|
F
|
S
|
S
|
M
|
T
|
W
|
T
|
F
|
S
|
S
|
M
|
T
|
W
|
T
|
F
|
S
|
S
|
M
|
T
|
W
|
T
|
A
|
D
|
D
|
N
|
N
|
|
|
|
|
D
|
D
|
N
|
N
|
|
|
|
|
D
|
D
|
N
|
N
|
|
|
|
|
D
|
D
|
N
|
N
|
Hours
|
|
|
|
48
|
|
|
|
|
|
|
48
|
|
|
|
|
|
|
48
|
|
|
|
|
|
|
48
|
|
|
|
B
|
N
|
N
|
|
|
|
|
D
|
D
|
N
|
N
|
|
|
|
|
D
|
D
|
N
|
N
|
|
|
|
|
D
|
D
|
N
|
N
|
|
|
Hours
|
|
|
|
38
|
|
|
|
|
|
|
38
|
|
|
|
|
|
|
48
|
|
|
|
|
|
|
48
|
|
|
|
C
|
|
|
|
|
D
|
D
|
N
|
N
|
|
|
|
|
D
|
D
|
N
|
N
|
|
|
|
|
D
|
D
|
N
|
N
|
|
|
|
|
Hours
|
|
|
|
34
|
|
|
|
|
|
|
34
|
|
|
|
|
|
|
38
|
|
|
|
|
|
|
38
|
|
|
|
D
|
|
|
D
|
D
|
N
|
N
|
|
|
|
|
D
|
D
|
N
|
N
|
|
|
|
|
D
|
D
|
N
|
N
|
|
|
|
|
D
|
D
|
Hours
|
|
|
|
48
|
|
|
|
|
|
|
48
|
|
|
|
|
|
|
34
|
|
|
|
|
|
|
34
|
|
|
|
|
5th Week
|
6th Week
|
7th Week
|
8th Week
|
Platoon
|
F
|
S
|
S
|
M
|
T
|
W
|
T
|
F
|
S
|
S
|
M
|
T
|
W
|
T
|
F
|
S
|
S
|
M
|
T
|
W
|
T
|
F
|
S
|
S
|
M
|
T
|
W
|
T
|
A
|
|
|
|
|
D
|
D
|
N
|
N
|
|
|
|
|
D
|
D
|
N
|
N
|
|
|
|
|
D
|
D
|
N
|
N
|
|
|
|
|
Hours
|
|
|
|
34
|
|
|
|
|
|
|
34
|
|
|
|
|
|
|
38
|
|
|
|
|
|
|
38
|
|
|
|
B
|
|
|
D
|
D
|
N
|
N
|
|
|
|
|
D
|
D
|
N
|
N
|
|
|
|
|
D
|
D
|
N
|
N
|
|
|
|
|
D
|
D
|
Hours
|
|
|
|
48
|
|
|
|
|
|
|
48
|
|
|
|
|
|
|
34
|
|
|
|
|
|
|
34
|
|
|
|
C
|
D
|
D
|
N
|
N
|
|
|
|
|
D
|
D
|
N
|
N
|
|
|
|
|
D
|
D
|
N
|
N
|
|
|
|
|
D
|
D
|
N
|
N
|
Hours
|
|
|
|
48
|
|
|
|
|
|
|
48
|
|
|
|
|
|
|
48
|
|
|
|
|
|
|
48
|
|
|
|
D
|
N
|
N
|
|
|
|
|
D
|
D
|
N
|
N
|
|
|
|
|
D
|
D
|
N
|
N
|
|
|
|
|
D
|
D
|
N
|
N
|
|
|
Hours
|
|
|
|
38
|
|
|
|
|
|
|
38
|
|
|
|
|
|
|
48
|
|
|
|
|
|
|
48
|
|
|
|
8.3.1 The Standard
10/14 roster system is based on four platoons over an 8-week cycle.
8.3.2 The shifts
within the Standard 10/14 roster cycle shall be as set out in the Table at subclause
8.3 where: D = 0800 hours to 1800 hours; and N = 1800 hours to 0800 hours.
8.4 Back to Back
Roster System
|
1st Week
|
2nd Week
|
3rd Week
|
4th Week
|
Platoon
|
F
|
S
|
S
|
M
|
T
|
W
|
T
|
F
|
S
|
S
|
M
|
T
|
W
|
T
|
F
|
S
|
S
|
M
|
T
|
W
|
T
|
F
|
S
|
S
|
M
|
T
|
W
|
T
|
E
|
D
|
D
|
D
|
D
|
|
|
|
|
D
|
D
|
D
|
D
|
|
|
|
|
D
|
D
|
D
|
D
|
|
|
|
|
D
|
D
|
D
|
D
|
Hours
|
|
|
|
48
|
|
|
|
|
|
|
48
|
|
|
|
|
|
|
48
|
|
|
|
|
|
|
48
|
|
|
|
F
|
|
|
|
|
D
|
D
|
D
|
D
|
|
|
|
|
D
|
D
|
D
|
D
|
|
|
|
|
D
|
D
|
D
|
D
|
|
|
|
|
Hours
|
|
|
|
36
|
|
|
|
|
|
|
36
|
|
|
|
|
|
|
36
|
|
|
|
|
|
|
36
|
|
|
|
|
5th Week
|
6th Week
|
7th Week
|
8th Week
|
Platoon
|
F
|
S
|
S
|
M
|
T
|
W
|
T
|
F
|
S
|
S
|
M
|
T
|
W
|
T
|
F
|
S
|
S
|
M
|
T
|
W
|
T
|
F
|
S
|
S
|
M
|
T
|
W
|
T
|
E
|
|
|
|
|
D
|
D
|
D
|
D
|
|
|
|
|
D
|
D
|
D
|
D
|
|
|
|
|
D
|
D
|
D
|
D
|
|
|
|
|
Hours
|
|
|
|
36
|
|
|
|
|
|
|
36
|
|
|
|
|
|
|
36
|
|
|
|
|
|
|
36
|
|
|
|
F
|
D
|
D
|
D
|
D
|
|
|
|
|
D
|
D
|
D
|
D
|
|
|
|
|
D
|
D
|
D
|
D
|
|
|
|
|
D
|
D
|
D
|
D
|
Hours
|
|
|
|
48
|
|
|
|
|
|
|
48
|
|
|
|
|
|
|
48
|
|
|
|
|
|
|
48
|
|
|
|
8.4.1 The Back to Back
roster is based on two platoons over an 8-week cycle.
8.4.2 The shifts
within the Back-to-Back roster cycle shall be as set out in the Table at subclause
8.4 where: D = 0600 hours to 1800 hours.
8.5 Overlap Roster
System
|
1st Week
|
2nd Week
|
3rd Week
|
4th Week
|
Platoon
|
F
|
S
|
S
|
M
|
T
|
W
|
T
|
F
|
S
|
S
|
M
|
T
|
W
|
T
|
F
|
S
|
S
|
M
|
T
|
W
|
T
|
F
|
S
|
S
|
M
|
T
|
W
|
T
|
G
|
D
|
|
|
D
|
D
|
D
|
D
|
|
|
|
|
D
|
D
|
D
|
D
|
|
|
D
|
D
|
D
|
D
|
|
|
|
|
D
|
D
|
D
|
Hours
|
|
|
|
52.5
|
|
|
|
|
|
|
31.5
|
|
|
|
|
|
|
52.5
|
|
|
|
|
|
|
31.5
|
|
|
|
H
|
|
|
|
|
D
|
D
|
D
|
D
|
|
|
D
|
D
|
D
|
D
|
|
|
|
|
D
|
D
|
D
|
D
|
|
|
D
|
D
|
D
|
D
|
Hours
|
|
|
|
31.5
|
|
|
|
|
|
|
52.5
|
|
|
|
|
|
|
31.5
|
|
|
|
|
|
|
52.5
|
|
|
|
|
5th Week
|
6th Week
|
7th Week
|
8th Week
|
Platoon
|
F
|
S
|
S
|
M
|
T
|
W
|
T
|
F
|
S
|
S
|
M
|
T
|
W
|
T
|
F
|
S
|
S
|
M
|
T
|
W
|
T
|
F
|
S
|
S
|
M
|
T
|
W
|
T
|
G
|
D
|
|
|
D
|
D
|
D
|
D
|
|
|
|
|
D
|
D
|
D
|
D
|
|
|
D
|
D
|
D
|
D
|
|
|
|
|
D
|
D
|
D
|
Hours
|
|
|
|
52.5
|
|
|
|
|
|
|
31.5
|
|
|
|
|
|
|
52.5
|
|
|
|
|
|
|
31.5
|
|
|
|
H
|
|
|
|
|
D
|
D
|
D
|
D
|
|
|
D
|
D
|
D
|
D
|
|
|
|
|
D
|
D
|
D
|
D
|
|
|
D
|
D
|
D
|
D
|
Hours
|
|
|
|
31.5
|
|
|
|
|
|
|
52.5
|
|
|
|
|
|
|
31.5
|
|
|
|
|
|
|
52.5
|
|
|
|
8.5.1 The Overlap
roster system is based on two platoons over an 8-week cycle.
8.5.2 The shifts
within the Overlap roster cycle shall be as set out in the Table at subclause 8.5
where: D = 0700 hours to 1730 hours.
8.6 Special Roster
System
8.6.1 The Special
Roster System is a Monday to Friday day shift roster with the commencing and
ceasing times for Monday to Thursday being 0800 hours to 1630 hours,
respectively and for Friday 0800 hours to 1600 hours respectively.
8.7 Except for fire
stations operating the Standard 10/14 roster system on the date of the making
of this Award, the roster prescribed in subclause 8.3 of this clause shall not
apply to fire stations which the Department determines shall be staffed by
employees on a full-time basis for less than 168 hours per week and by Retained
Firefighters for the balance of the week where the ordinary hours not exceeding
40 per week shall be worked as directed by the Department from time to time.
8.8 The average
ordinary working hours of employees holding the classification of Recruit
Firefighter shall be 40 hours per week. The rostered hours of work for Recruit
Firefighters shall be arranged so that they shall not accrue 38 hour leave. The
hourly rate of pay of an employee holding the classification of Recruit
Firefighter shall be determined by dividing the weekly rate of pay for a
Recruit Firefighter by 40.
8.9 Irrespective of
which roster is for the time being applicable, the following general conditions
shall apply:
8.9.1 In the event of
an alarm, requiring any station to stand by or respond to an incident, being
received at the station during roll call, the oncoming platoon shall, if
required, respond to the incident. The off-going platoon shall remain on duty,
if required, or until otherwise directed. Roll calls shall be conducted by the
station bell being rung two minutes before rostered time to change shift.
8.9.2 The oncoming
shift available in the station may attend roll call without any overtime
penalty being incurred, but on completion of the roll call and the
Officer-in-Charge being satisfied that there are adequate staff for the shift,
the off-going shift shall then be dismissed.
8.9.3 No employee shall
be charged with being absent from duty who misses the roll call at two minutes
in the time set for the change of shift, provided that the employee is on
station premises by the rostered time for the shift to commence. An employee
retained beyond the ceasing time of the shift shall be paid overtime.
8.9.4 If, when the
oncoming platoon reports at a station at the time prescribed for the change of
shift, the other platoon is proceeding to or attending an incident or alarm,
the oncoming platoon, if so ordered, shall after roll call, proceed to the
incident and the Officer or senior members of the platoon shall report, without
delay, the arrival of the platoon to the Officer-in-Charge of the incident. The
off-going platoon shall remain on duty at the incident until relieved.
8.9.5 The
Officer-in-Charge of the incident may, if in that Officer's judgment it is
expedient, hold both the oncoming and off-going platoons for duty at the
incident. If the off-going platoon is not held at the incident or is not detained
at the incident for duty elsewhere, it shall report back to the station and
shall remain available until the other platoon returns or until otherwise
directed, when it shall be dismissed.
8.9.6 In the event of
one or more members of the ongoing platoon being absent an equal number of
members in the platoon on duty shall be liable to be detained on duty until
such time as they may be relieved. Nothing herein contained shall be deemed to
sanction an unauthorised absence or to relieve the absent member from a
liability to be charged with being absent without leave and dealt with
accordingly.
8.10 The rosters
provide for an amount of residual leave of 7.25 hours per annum, which is to be
credited as consolidated leave, on the anniversary of the employee's date of
commencement of employment by the Department notwithstanding the provisions of
subclause 8.8.
8.11 Employees shall
not work in excess of sixteen (16) hours straight except in the case of a call
to an incident or other emergency circumstances, or by agreement pursuant to
subclause 8.12.
8.12 Employees may
elect, but not be directed, to work in excess of sixteen (16) hours straight by
way of overtime, an alternative roster or a change of shift agreement provided:
8.12.1 that such
employees have the Department’s approval to do so; and
8.12.2 that such
employees have at least eight consecutive hours off duty between the cessation
and recommencement of duty; and
8.12.3 that no employee
shall be permitted to work in excess of twenty four (24) hours straight except
in the case of a call to an incident or other emergency circumstances, or a
staff shortage pursuant to subclause 8.9.6.
8.13 Executive
Officers
Executive Officers shall work an average of forty
ordinary hours per week on a flexible basis according to the needs of the
organisation on any day of the week or at any time of the day.
8.14 Change of Shift
Agreements
Notwithstanding anything to the contrary elsewhere
within this Award, two or more Non-Officers, Officers or Senior Officers (as the
case may be) may enter into a full or part change of shift agreement with each
other subject to the following conditions:
8.14.1 Employees shall
apply in writing at least 24 hours prior to performing a full or part change of
shift. This application, which may provide for multiple and/or recurring
changes of shift, shall include the number of hours, the relevant times and
date(s) and the names and signatures of both the employee(s) seeking the change
and the employee(s) who shall be working in their stead.
8.14.2 An approved change
of shift agreement shall operate so that:
8.14.2.1 The
employee who was originally rostered to work, but did not do so (Employee A)
shall:
8.14.2.1.1 be paid
the wages they would otherwise have been paid pursuant to subclause 6.2.1 for
that shift or part shift; and
8.14.2.1.2 accrue
the leave they would otherwise have accrued pursuant to Clauses 17, 20 and 23
for that shift or part shift; and
8.14.2.1.3 subject
to subclauses 12.6 and 8.14.2.2.2, be paid the Relieving Allowance as if they
had worked that shift or part shift.
8.14.2.2 The
off-duty employee who works in Employee A’s stead (Employee B) shall:
8.14.2.2.1 be
recognised for and paid for all purposes other than those listed at subclauses
8.14.2.1 as if they had been rostered to work those hours, provided that any
time so worked by Employee B in excess of Employee A’s originally rostered
hours will be paid as overtime pursuant to Clause 9; and
8.14.2.2.2 subject
to subclause 12.6, be paid the Relieving Allowance provided: firstly; that
Employee B shall always assume Employee A’s base station for the purposes of
Clause 12; and secondly; if Employee A and Employee B satisfy the requirements
of subclause 12.6 then only Employee B shall be paid the Relieving Allowance
and, if applicable, only Employee B shall be considered to have performed an
Outduty.
8.14.2.3 Employees
may take leave (including annual and long service leave) during an operative
change of shift agreement but shall not be permitted to work a change of shift
while on such leave. Such employees shall not be required to make alternative
arrangements (which, if necessary, shall be made instead by the Department) in
the event that they or any other employee who is party to that agreement takes
leave, scheduled or otherwise.
8.14.2.4 If
Employee A takes annual leave or long service leave during an operative change
of shift agreement then Employee A shall have both the hours they were rostered
to work and the change of shift hours they had agreed to work for any other
employee(s) deducted from Employee A’s annual leave balance or long service
leave balance.
8.14.2.5 If
Employee B works an agreed change of shift for Employee A while Employee A is
on annual leave or long service leave then Employee A shall be credited with
the same number of annual leave or long service leave hours as worked by
Employee B for Employee A.
8.14.2.6 If
Employee B takes any form of leave (including, for example, sick leave) when
scheduled to work an agreed change of shift for Employee A then those leave
hours shall be deducted (but not paid for) from Employees B’s relevant leave
balance.
8.14.3 Employees shall
not be permitted to perform full or part changes of shift immediately prior to
or following their own rostered shift unless that full or part change of shift
is to be worked at the same station as that rostered shift.
8.14.4 An on duty
employee who has arranged a part change of shift shall not be permitted to leave
duty until properly relieved by the employee who has agreed to work in their
stead.
8.14.5 If there is a call
of fire or any other emergency that disturbs or prevents a previously arranged
part change of shift, no arrangement shall be made, or be expected to be made,
to recall another employee. Any inconvenience shall be borne by the employees
concerned without redress.
8.14.6 The Department
shall not refuse an application to perform a full or part change of shift
without good and proper reason, but may cancel a previously approved change of
shift on the same basis provided sufficient notice is given to the affected
employees.
8.14.7 Subject to
subclause 8.14.2.3, an employee who has entered into a change of shift
agreement will remain bound by that agreement unless and until such time as the
other employee(s) concerned agrees, in writing, to terminate that agreement, or
a change of shift is cancelled by the Department pursuant to subclause 8.14.6.
9. Overtime
9.1 Subject to
subclause 9.2, overtime shall be paid for at the rate of time and one-half for
the first two hours and at the rate of double time thereafter, provided that an
employee who is required to work overtime shall be entitled to payment for at
least 15 minutes of overtime on each occasion that the employee is called upon
to work overtime. To avoid doubt, where work commences prior to the start of an
employee’s rostered shift and continues beyond the conclusion of that shift
then the relevant rate of pay shall be determined by having regard to the
entire period of overtime worked, so that any and all overtime worked in excess
of two hours is paid at the rate of double time.
9.2 Any time worked
by an employee in excess of 24 consecutive hours shall be paid for at the rate
of double time, regardless of that employee's roster.
9.3 For meal
allowance entitlements where an employee works overtime, see Clause 10, Meals
and Refreshments.
9.4 When it is
reasonably necessary for an employee who has returned to the station either
before or after the ceasing hour of the shift to clean up before leaving the
station, and thereby justifiably leaves the station after the ceasing hour, the
time so reasonably and necessarily occupied beyond the ceasing hour shall be
paid for as overtime.
9.5 The hourly rate
of pay for an employee in the classification of Firefighter, Qualified
Firefighter, Senior Firefighter, Leading Firefighter, Station Officer, Leading
Station Officer, Inspector, Operational Support Level 1, Operational Support
Level 2 or Operational Support Inspector shall be ascertained for the purpose
of this clause by dividing the employee’s "Per Week" rate of pay by
41.75. The hourly rate of pay for an employee in the classification of Recruit
Firefighter, Operational Support Level 2a or Operational Support Level 3a shall
be ascertained for the purpose of this clause by dividing the employee’s
"Per Week" rate of pay by 40.
9.6 Recall to
Incident
9.6.1 An employee who
is off duty and who is called upon, pursuant to subclause 9.6.2, to report for
duty to attend an incident shall be entitled to a minimum payment equal to two
hours at overtime rates.
9.6.2 Notwithstanding
anything elsewhere contained in this clause, in the case of an incident, all
employees off duty shall be liable to be called upon to report for duty and if
called upon shall report immediately for duty
9.6.3 An employee who
is on annual leave or long service leave and who reports for duty to attend an
incident shall, in addition to payment pursuant to subclause 9.1, be credited
with consolidated leave equal to the amount of time so worked.
9.6.4 For meal
allowance entitlements when the employee remains on duty for a period of four
hours or more in connection with a recall pursuant to subclause 9.6.1, see Clause
10, Meals and Refreshments.
9.7 Recall to
Maintain Required Staffing Levels
9.7.1 An employee off
duty who is required to report for duty for the purpose of maintaining required
staffing levels shall, on so reporting, be entitled to a minimum payment equal
to four hours at overtime rates.
9.8 Where an
employee recalled pursuant to either subclauses 9.6.2 or 9.7.1:
9.8.1 Is required to
transport the employee's gear from the station/location at which the gear is
located to another station/location in order to perform the duties of the
recall, such employee shall be paid the Kilometre Allowance set at Item 2 of
Table 3 of Part C, for the distance travelled on the forward journey between
the two locations, provided that employees who are placed upon a transfer
register pursuant to clause 28, Transfers Outside of the GSA, and are claiming
residential priority shall instead be paid the Kilometre Allowance for the
distance between the permanently staffed station closest to their primary
residence and the station/location where the duties of the recall are to be
performed.
9.8.2 Is required to
transport the employee's gear back to the station/location at which the gear
was located because the Department is unable to do so, the employee shall also
be entitled to be paid kilometres equal to the forward journey at subclause
9.8.1. For the purpose of this subclause "distance travelled" means
the agreed distance or, if the distance is not covered by a Matrix, the actual
kilometres between the two stations/locations.
9.8.3 Incurs a toll as
a consequence of using a bridge, tunnel or motorway when travelling to perform
the recall, such employee shall be reimbursed for the cost of the toll.
9.9 On such nights
as may be fixed by the Department or by the Commissioner on reasonable notice
in the circumstances not exceeding two nights in any week, an employee shall
work such overtime as is reasonably necessary for usual Brigade inspections, or
for giving instructions to Retained Firefighters.
9.10 When overtime
work is necessary it shall, except in the case of an emergency, be so arranged
that employees have at least eight consecutive hours off duty between the work
of successive shifts. Where an employee works so much overtime between the
termination of the employee's ordinary work on any day or shift, and the
commencement of the employee's ordinary work on the next day or shift, that the
employee has not had at least eight consecutive hours off duty between these
times, the employee shall be released after completion of such overtime until
the employee has had eight consecutive hours off duty without loss of pay for
ordinary working time occurring during such absence.
9.10.1 If on the
direction of the employee's authorised supervisor, such employee resumes or
continues work without having had such eight consecutive hours off duty, the
employee shall be paid at the rate of double time until the employee is
released from duty for such period, and the employee shall be entitled to be
absent until the employee has had eight consecutive hours off duty without loss
of pay for ordinary working time occurring during such absence.
9.10.2 Provided that
while recalls shall be paid for at overtime rates in accordance with this
Award, where the actual total time worked on a recall or recalls is less than 3
hours it shall not count for the purpose of determining whether an employee has
had an eight hour break pursuant to this subclause.
10. Meals and
Refreshments
10.1 Attendance at an
Incident
10.1.1 For the purposes
of this clause, an "incident" also includes hazard reduction or any
similar situation where facilities comparable to those provided at fire
stations are not available to partake of a meal.
10.1.2 Where an employee attends
an incident which extends for two hours or more; Refreshments shall be provided
no later than two hours after the start of the incident.
10.1.3 Where such an
incident extends for four hours or more, the employee shall be provided with a
Substantial Meal. After every subsequent four hours of attendance at such an
incident, a further Substantial Meal shall be provided.
10.2 Payment in Lieu
of the Provision of Refreshments/Meals
10.2.1 Where Refreshments
are not provided in terms of subclause 10.1.2, the Refreshment Allowance set at
Item 15 of Table 3 of Part C, shall be paid.
10.2.2 Where an Emergency
Meal is supplied in lieu of a Substantial Meal, the Refreshment Allowance set
at Item 15 of Table 3 of Part C, shall be paid.
10.2.3 Where a Substantial
Meal or Emergency Meal is not provided in terms of subclause 10.1.3, the Meal
Allowance set at Item 14 of Table 3 of Part C, shall be paid.
10.3 During Overtime
10.3.1 An employee who
works overtime which:
10.3.1.1 involves
the attendance at an incident shall be provided with refreshments/meals in
terms of subclauses 10.1.2 and 10.1.3 or the payment in lieu thereof as
prescribed in subclause 10.2;
10.3.1.2 does
not involve attendance at an incident and is not a recall for the purpose of
maintaining required staffing levels, shall, if such overtime extends for more
than two hours, be paid the Meal Allowance set out at Item 14 of Table 3 of
Part C. After every subsequent four hours of such overtime worked, the
Refreshment Allowance set out at Item 15 of Table 3 of Part C, shall be paid.
10.4 Method of
Payment and Calculation of Allowances in Lieu of Refreshments/Meals
10.4.1 The payments
referred to in subclause 10.3.1.2 (only) shall, unless the Officer-in-Charge is
not available to make such payment, be made prior to or at the cessation of the
shift or overtime as the case may be. In
cases where the Officer-in-Charge is not available to make payment, the
employee shall be paid at the earliest opportunity thereafter.
10.4.2 The allowances
referred to in this clause shall be calculated as follows:-
10.4.2.1 The
Meal Allowance at Item 14 of Table 3 of Part C, is the average, rounded to the
nearest five cents, of the amounts prescribed for the overtime meal allowances
for breakfast, lunch and dinner at Item 19 of Table 1 Part B of the Crown
Employees (Public Service Conditions of Employment) Award 2002.
10.4.2.2 The
Refreshment Allowance in Item 15 of Table 3 is half, rounded to the nearest five
cents, of the Meal Allowance in Item 14 of Table 3 of Part C.
10.4.2.3 The
amounts specified in 10.4.2.1 and 10.4.2.2 shall be adjusted on 1 July in line
with the corresponding reasonable allowance amount for overtime meals for the
appropriate financial year as published by the Australian Taxation Office
(ATO).
11. Transport
11.1 Where an
employee has been rostered for duty and works from 0800 hours to 1800 hours and
is retained on overtime and ceases duty after 2000 hours and public transport
or other normal means of transport is not reasonably available, arrangements
may be made by the Department to provide transport (by taxi or otherwise) to
ensure that the employee obtains reasonable transport home.
12. Relieving
Provisions
12.1 The provisions of
this clause shall only apply to:
12.1.1 Relieving
Employees, as defined in Clause 4, when such employees work a rostered shift at
either the employee's base station/location or performs a relief duty at
another station/location; and
12.1.2 Other employees
when such employees perform an "Outduty", as defined in Clause 4.
12.2 Relieving
Employees shall be assigned to a base station/location which, as far as is
practicable having regard to the Department's operational requirements, is in
the employee's stated preferred Zone, or in the Zone closest to the employee's
residence.
12.3 Relieving
Employees shall report for duty at their base station/location unless otherwise
directed.
12.4 Subject to the
exceptions in subclause 12.4.1, employees cannot be directed to perform relief
duty outside the Fire District to which they are attached.
12.4.1 Exceptions
12.4.1.1 Relieving
Employees (pursuant to subclause 12.1.1);
12.4.1.2 Employees
(pursuant to subclause 12.1.2) who are placed upon a transfer register pursuant
to clause 28, Transfers Outside of the GSA, and are claiming residential
priority may be directed to relieve in an area to which that transfer register
applies.
12.5 Notwithstanding the
provisions of subclause 12.4, any employee may elect to perform relief duty
outside the Fire District to which they are attached.
12.6 Relieving
Allowance
12.6.1 The Relieving
Allowance set at Item 16 of Table 3 of Part C shall be paid to:
12.6.1.1 a
Relieving Employee for each rostered shift worked by the employee at the
employee's base station and, except as provided for by subclause 12.6.2 or as
otherwise provided by this Award, for each rostered shift on which the employee
performs a relief duty at another station/location.
12.6.1.2 other
employees on each occasion, except as provided for by subclause 12.6.2 or as
otherwise provided by this Award, when such employees perform an Outduty in
terms of subclause 12.1.2.
12.6.2 Unless otherwise
provided in this Award, the Relieving Allowance prescribed in subclause 12.6.1
shall not be paid to either a Relieving Employee (or other employee pursuant to
subclause 12.1.2) in cases where the employee is compensated for excess
travelling time and/or payment for travel/accommodation expenses in accordance
with the provisions of Clause 26, Travelling Compensation.
12.7 Unless
specifically provided for elsewhere in this clause, when a Relieving Employee
(or other employee pursuant to subclause 12.1.2) is required to perform relief
duty on a rostered shift at another station/location:
12.7.1 included within a
Matrix and for which an agreed distance therefore exists, the employee shall be
entitled to, in addition to the relieving allowance, payment of the Kilometre
Allowance set out at Item 2 of Table 3 of Part C, for that agreed distance.
12.7.2 not included
within a Matrix or where the base station/location and other stations/locations
are in separate Matrices and therefore not covered by subclause 12.7.1:
12.7.2.1 with
prior notice, the employee shall be entitled to payment of:
12.7.2.1.1 the
Relieving Allowance; and
12.7.2.1.2 if
required to transport the employee’s gear in order to perform the relief duty,
the Kilometre Allowance set out at Item 2 of Table 3 of Part C, for the
distance travelled on the forward journey from the station/location at which
the gear is located to the relief station/location; and
12.7.2.1.3 for
travel other than for the transport of the employee’s gear, the Kilometre
Allowance set out at Item 2 of Table 3 of Part C for any excess distance
travelled. For the purposes of this subclause, excess distance shall be any
distance actually and reasonably travelled by the employee to the relief
station/location in excess of that normally travelled by the employee to report
for duty at the employee's base station/location; and
12.7.2.1.4 if the
Department is unable to transport the employee’s gear back to the
station/location at which the gear was located, the Kilometre Allowance set out
at Item 2 of Table 3 of Part C, for the return kilometres equal to the forward
journey.
12.7.2.2 without
prior notice, the employee shall be entitled to, in addition to the relieving allowance,
payment of the Kilometre Allowance set out at Item 2 of Table 3 of Part C, for
the distance actually travelled.
12.7.2.3 For the
purpose of this subclause "prior notice" means notice given whilst
the employee was on duty, either during their rostered hours of work or whilst
on overtime.
12.7.2.4 For the
purposes of subclauses 12.7.2.1.2 and 12.7.2.1.4 only, if an employee elects to
perform relief duty outside of the fire district to which they are attached
then the employee’s base station/location shall be the closest permanently
staffed station to their primary residence.
12.7.2.5 the
provisions of 12.7.2.1 are to be read in conjunction with the provisions of
subclause 12.8.
12.8 If, in a
particular case, an employee considers that the presumed "no
disadvantage" envisaged in the provisions of 12.7.2.1 is in fact not the
case, the employee may submit a claim for the total compensation that the
employee considers to be reasonable in the circumstances. All such claims must
be supported with written reasons.
12.9 For the purpose
of this Clause, "distance" shall mean the agreed return distance
prescribed between two stations/locations in a Matrix. Each Matrix shall stand
alone for the purpose of calculating the relevant distance. If the distance between
two stations/locations is not prescribed in a Matrix, then "distance"
shall mean the actual distance necessarily and reasonably travelled.
12.10 The parties
acknowledge that the majority of the distances contained in the Matrices have
been calculated using an electronic measuring device. In the event that a
discrepancy is identified, the distance in question shall first be rechecked
using the electronic measuring device. If the discrepancy still exists then the
distance in question shall be checked using, if practicable, a motor vehicle,
and if not, some other method agreed to by the Department and the Union.
12.10.1 If a
distance in the Matrices is found to be incorrect, then a new agreed distance
will be determined. Any new distance and its effective date will be published
in the next available Commissioner's Orders.
12.10.2 In
cases where the corrected distance is more than that shown in the Matrices, it
will take effect from the beginning of the pay period in which the discrepancy
was first notified in writing by an employee.
12.10.3 In
cases where the revised distance is less than that contained in the Matrices,
the new distance will operate prospectively from the beginning of the first pay
period to commence on or after the date that the new distance is published in
Commissioner's Orders.
12.11 Multiple Reliefs
During a Rostered Shift.
12.11.1 Where a
Relieving Employee (or other employee pursuant to 12.1.2) performs relief
duties during a rostered shift at more than one station/location, payment shall
be made for kilometres for the forward journey/journeys between the station at
which duty commenced and the subsequent station/s and between the station at
which duty ceased and the station at which duty commenced. Provided that this
provision shall not reduce any entitlement that the employee may have in
relation to commencing duty at the station at which duty commenced.
12.11.2 The
provisions of 12.11.1 shall not apply in cases where the provisions of Clause
26, Travelling Compensation, apply.
12.12 Provision of
Transport
12.12.1 Where a
Relieving Employee (or other employee pursuant to 12.1.2) is directed without
prior notice after the commencement of a rostered shift, to perform relief duty
at another station/location, the employee may request the provision of
transport by the Department.
12.12.2 Where
an employee requests the provision of transport in terms of 12.12.1, the
employee shall be entitled to the following provisions. Apart from these
provisions, no other provisions of this clause shall apply.
12.12.2.1 Payment
of the Relieving Allowance.
12.12.2.2 Except
if the employee makes an election in terms of 12.12.2.3, the employee shall be
entitled to transport back to the station/location at which duty commenced and
to travelling time as prescribed in Clause 26, Travelling Compensation, for the
time actually taken, from the completion of duty, to return to the station at
which duty commenced.
12.12.2.3 Where an
employee elects to return to the station/location after completion of duty to
the station at which duty commenced by the employee's own means, the employee
shall be entitled to be paid the Kilometre Allowance set at Item 2 of Table 3
of Part C, for half the distance prescribed in the relevant Matrix. If no
distance is prescribed, the distance shall be the actual distance necessarily
and reasonably travelled by the employee to return to the station at which duty
commenced.
12.13 Where a Relieving
Employee (or other employee pursuant to 12.1.2) incurs a toll as a consequence
of using a bridge, tunnel or motorway when travelling to perform a relief duty,
such employee shall be reimbursed for the cost of the toll.
12.14 A Relieving
Employee (or other employee pursuant to 12.1.2), who is directed to perform a
relief duty on a rostered shift at a station/location which requires the
employee to reside at a place other than the employee's residence, shall be
entitled to the relevant provisions of Clause 26, Travelling Compensation, in lieu
of the provisions of this clause.
12.15 Where a Relieving
Employee (or other employee pursuant to 12.1.2) performs a relief at a
station/location which, under normal circumstances would not require the
employee to reside at a place other than the employee's residence, but because
of special circumstances the employee is given approval by the Department for
accommodation in order to have sufficient rest before returning home, the
employee shall be entitled to the following:
12.15.1 Appropriate
accommodation provided or arranged by the Department.
12.15.2 Retention
of the Relieving Allowance.
12.15.3 With
the exception of travelling time and costs for travel, the relevant provisions
of Clause 26, Travelling Compensation.
12.15.4 The
Kilometre Allowance set at Item 2 of Table 3 of Part C, as if the employee had
not stayed in the accommodation.
12.16 The Relieving
Allowance set at Item 16 and the Kilometre Allowance set at Item 2 of Table 3
of Part C, include compensation for excess travelling time and the cost of
excess travel to and from the station/locations at which relief duties are
performed on a rostered shift.
12.17 Performance of
Outduties.
12.17.1 An
employee cannot be directed to perform more than twelve (12) Outduties in any Calendar
year, unless the employee is a Leading Station Officer who is performing higher
duties pursuant to Clause 7.
12.17.2 Notwithstanding
the provisions of 12.17.1, an employee may elect to perform more than twelve
(12) Outduties in any Calendar year.
12.18 The provisions of
this clause do not apply in cases where an employee acts up in a position
following an expression of interest pursuant to subclause 7.10.2 or where an
employee acts up as an Executive Officer, or where an employee, not being a Relieving
Employee, acts up at the employee's base station/location.
12.19 Unless
specifically provided for by this Clause, the provisions of Clause 12,
Relieving Provisions and Clause 26, Travelling Compensation, shall be mutually
exclusive. That is, an employee shall be entitled to claim, in relation to a
particular situation, under either Clause 12, or Clause 26, shall not be
entitled to claim under both.
12.20 Notwithstanding
subclause 12.19, a relieving employee who:
12.20.1 is
directed to perform relief duty outside the fire district to which they are
attached and who is entitled to claim the provisions of subclause 26.3.1;
and/or
12.20.2 is
directed to perform overtime at a temporary work location before the normal
commencing time of their rostered shift and who is entitled to claim the
provisions of subclause 26.3.1.1;
shall be paid such entitlements and retain the
entitlements of Clause 12.
12.21 Where an employee
is required to use the employee's private vehicle to perform a Stand By,
compensation shall only be in terms of subclause 6.6.2.1.
12a. Interstate and
International Deployments
12a.1 Subject to
subclause 12a.2, the provisions of this Clause shall apply to employees who are
invited and who elect to respond to an extended interstate or international
emergency as part of a deployment.
12a.2 In the case of
routine cross-border incidents and/or interstate or international deployments
of less than 48 hours and/or direction to respond to an interstate or
international emergency, employees shall remain entitled to the general
provisions of this Award and the special provisions of this Clause shall not
apply.
12a.3 Employees shall be
paid for travelling time to and from the emergency:
12a.3.1 on the
day of departure until midnight Sydney time, in accordance with Clause 26,
provided that subclauses 26.1.4, 26.1.7 and 26.2 shall not apply; and
12a.3.2 on any
day between the day of departure to and the day of return from the deployment,
in accordance with subclause 12a.4.2; and
12a.3.3 on the
day of return, in accordance with Clause 26, provided that subclauses 26.1.4,
26.1.7 and 26.2 shall not apply.
12a.4 Employees shall be
paid for work performed:
12a.4.1 on the
day of departure until midnight Sydney time, at single time during their rostered
hours of work pursuant to Clause 8, and at overtime rates otherwise; and
12a.4.2 for
each day between the day of departure to and the day of return from the
deployment, all time at single time, provided that:
12a.4.2.1 employees
shall receive a minimum payment for each day equal to 16 hours per day,
regardless of the hours actually worked; and
12a.4.2.2 any time
actually worked at the direction of an employee's authorised supervisor in
excess of 16 hours shall be paid at double time; and
12a.4.2.3 employees
on double time pursuant to subclause 12a.4.3.2 who resume or continue work
without having had 8 consecutive hours off duty shall continue to be paid at
the rate of double time until released from duty for such period, and such
employees shall be entitled to remain off duty for eight consecutive hours
without loss of pay at subclause 12a.4.3.1; and
12a.4.3 from
midnight Sydney time on the day of return, at single time during their rostered
hours of work pursuant to Clause 8, and at overtime rates otherwise.
12a.5 Accommodation for
Interstate Deployments
12a.5.1 Employees
on interstate deployment who are not provided with accommodation of a standard
comparable to that required in NSW shall be paid the relevant accommodation
allowance set at Item 7 of Table 4 of Part C or, if the deployment location is
not listed in Table 4, the reasonable accommodation allowance for that location
as published by Australian Taxation Office (ATO).
12a.5.2 Employees
who are provided with accommodation shall be paid the Incidental Expenses
Allowance set at Item 8 of Table 4 of Part C, for each day of attendance.
12a.6 Meals for
Interstate Deployments
12a.6.1 Employees
on interstate deployment shall be provided with substantial meals for
breakfast, lunch and dinner throughout the period of deployment.
12a.6.2 For
each meal not provided in accordance with subclause 12a.6.1, the Meal Allowance
set at Item 14 of Table 3 of Part C shall be paid.
12a.6.3 Where
employees are required to work between the meals provided for in subclause
12a.6.1, such employees shall be entitled to the refreshments and meals
prescribed by subclause 10.1.
12a.7 Deployment
Allowance for International Deployments
Employees on international deployment shall be paid the
Deployment Allowance set at Item 17 of Table 3 of Part C for each calendar day,
or part thereof, from the day of departure until the day of return, inclusive.
12a.8 Additional
Provisions
12a.8.1 While
interstate or international deployment does not in itself attract the relieving
allowance, a Relieving Employee shall continue to be paid the relieving
allowance for those days on which the Relieving Employee would normally have
been rostered for duty.
12a.8.2 An
employee in receipt of any of the allowances set at subclauses 6.6.3 to 6.6.13
(inclusive) immediately prior to their deployment shall continue to be paid
those allowances.
12a.8.3 An
employee who was performing higher duties immediately prior to their deployment
shall continue to be paid at that rate of pay of the rank or classification in
which the higher duties were being performed.
12a.8.4 Any
time worked pursuant to subclause 12a.4.2 shall only be compensated for by
subclause 12a.4.2, provided that an employee shall continue to accrue leave as
if they had worked their rostered hours of work pursuant to Clause 8.
12a.8.5 The
provisions of subclause 6.8 notwithstanding, the Commissioner may approve an
additional payment for an Executive Officer who, while on interstate or
international deployment, worked additional hours to those contemplated by
subclause by 6.8.2.
12a.8.6 Any
stand off period shall be determined by the Commissioner having regard to each
employee's actual hours of work prior to and during their deployment, and to
their rostered hours of work following their deployment. Employees who are
granted stand off time shall do so without loss of pay for ordinary working
time during such absence.
13. Progression
and Promotion Provisions
13.1 This clause
prescribes:
13.1.1 progression and
promotion provisions, and;
13.1.2 the constitution
and operation of the Training Review Committee.
Progression and Promotion Provisions
13.2 All employees
shall commence and remain on probation until the expiration of six weeks
following their progression to Firefighter and shall thereafter be required to
satisfy and maintain the competencies specified, by the Commissioner on the
advice of the Training Review Committee, for the classification to which they
are appointed.
Recruit Firefighter to Firefighter
13.3 Progression from
Recruit Firefighter to Firefighter shall be subject to the satisfactory
completion of the training and/or training competencies undertaken at the Fire
and Rescue NSW Training College and specified, by the Commissioner on the
advice of the Training Review Committee, for progression to Firefighter.
Firefighter to Qualified Firefighter
13.4 Progression from
Firefighter to Qualified Firefighter shall be subject to twenty four (24)
months service from the date of commencement as a Recruit Firefighter and the
satisfactory completion of the training and/or training competencies specified,
by the Commissioner on the advice of the Training Review Committee, for
progression to Qualified Firefighter.
13.5 Progression to
Qualified Firefighter is a mandatory achievement required for all
Firefighters. Failure to achieve
progression to this classification within a reasonable time will result in the
employee being considered unsuitable for continued employment, and the
employment of such an employee will be terminated accordingly. In such
circumstances, the Department will advise the Union that the services of the
employee are to be terminated.
Qualified Firefighter to Senior Firefighter
13.6 Progression from
Qualified Firefighter to Senior Firefighter shall be subject to at least
seventy two (72) months service from the date of commencement as a Recruit
Firefighter and the satisfactory completion of the training and/or training
competencies specified, by the Commissioner on the advice of the Training
Review Committee, for progression to Senior Firefighter.
Senior Firefighter to Leading Firefighter
13.7 Progression from
Senior Firefighter to Leading Firefighter shall be subject to the satisfactory
completion of the Leading Firefighter Program specified by the Commissioner on
the advice of the Training Review Committee.
13.7.1 Applications for
Leading Firefighter Program positions shall be called for from eligible
applicants in Commissioner’s Orders, with the closing date for applications to
follow four weeks thereafter. The number and location of Leading Firefighter
Program positions available shall be specified in the same Commissioner’s
Orders, and shall be solely dependent on the staffing needs of the Department.
13.7.2 An eligible
applicant for the purposes of subclauses 13.7.1 and 13.7.3 shall be a Senior
Firefighter who: firstly, has completed at least twenty four (24) months
service with Fire and Rescue NSW at Senior Firefighter rank as of the closing
date for applications; secondly, has already taken the tests referred in
subclause 13.7.3; and thirdly, is permanently attached to a station within the
Transfer Register area in which the Leading Firefighter Program position is
available. For the purposes of subclause 13.7 only, the GSA shall be considered
a Transfer Register area and a permanent occupant of an Operational Support
position (an Operational Support applicant) shall be considered to be
permanently attached to a station within the GSA regardless of their actual work
location.
13.7.3 The successful
applicants for Leading Firefighter Program positions shall be determined by
order of the results achieved by eligible applicants in tests specified by the Commissioner
following consultation between the Department and the Union. The Department
shall accept the same number of eligible applicants as there were positions
advertised for that location in accordance with subclause 13.7.1, provided that
for each Operational Support applicant who is initially accepted the Department
shall also accept one further non-Operational Support applicant, so that the
final number of non-Operational Support applicants accepted within the GSA
shall be equal to the number of positions advertised.
13.7.4 Senior
Firefighters accepted onto the Leading Firefighter Program who subsequently
fail to satisfactorily complete the Program within a reasonable time shall be
removed from the Program and shall not be readmitted to the Program unless and
until such time as they successfully re-apply pursuant to subclauses 13.7.1,
13.7.2 and 13.7.3.
Leading Firefighter to Station Officer
13.8 Promotion from
Leading Firefighter to Station Officer shall be determined by the merit
selection process specified by the Commissioner following consultation between
the Department and the Union and shall be subject to the occurrence of a
vacancy and the satisfactory completion of the Station Officer Program
specified by the Commissioner on the advice of the Training Review Committee.
13.8.1 Subject to
subclause 28.7, applications for promotion to Station Officer shall be called
for from Leading Firefighters with at least twelve (12) months service with
Fire and Rescue NSW at that rank in Commissioner’s Orders, with the closing
date for applications to follow four weeks thereafter. The number (and, if
located outside of the GSA and Regional Transfer Register areas listed at
subclause 28.2.2, both the number and the location) of Station Officer
positions available shall be specified in the same Commissioner’s Orders, and
shall be solely dependent on the staffing needs of the Department.
13.8.2 Leading
Firefighters who successfully apply pursuant to subclause 13.8.1 (or Senior
Firefighters who successfully apply pursuant to subclause 28.7.2) and who
subsequently fail to satisfactorily complete the Station Officer Program within
a reasonable time shall be removed from the Program and shall cease to be
eligible for such promotion. Nothing shall prevent such employees from
re-applying pursuant to subclause 13.8.1.
Station Officer to Leading Station Officer
13.9 Progression from
Station Officer to Leading Station Officer shall be subject to the satisfactory
completion of the Leading Station Officer Program specified by the Commissioner
on the advice of the Training Review Committee and, in the case of a Station
Officer who is a permanent occupant of an Operational Support Level 1 or Level
2 position or who applies pursuant to subclause 13.9.2.3, transfer to a station
within the GSA.
13.9.1 Applications for
Leading Station Officer Program positions shall be called for from eligible
applicants in Commissioner’s Orders, with the closing date for applications to
follow four weeks thereafter. The number and location of Leading Station
Officer Program positions available shall be specified in the same
Commissioner’s Orders, and shall be solely dependent on the staffing needs of
the Department.
13.9.2 An eligible
applicant for the purposes of subclauses 13.9.1 and 13.9.3 shall be a Station
Officer who has completed at least twelve (12) months service with Fire and
Rescue NSW at Station Officer rank as of the closing date for applications,
provided that:
13.9.2.1 if the
Leading Station Officer Program position available is located within the GSA,
the applicant must also be either:
13.9.2.1.1 permanently
attached to a station within the GSA; or
13.9.2.1.2 permanently
attached to a station located both outside of the GSA and outside of a Regional
Transfer Register Area; or
13.9.2.1.3 the
permanent occupant of an Operational Support position; or
13.9.2.2 if the
Leading Station Officer Program position available is located outside of the
GSA but within a Regional Transfer Register Area, the applicant must also be permanently
attached to a station within that Regional Transfer Register area; or
13.9.2.3 if the
Leading Station Officer Program position available is at a Country Officer
station (as defined by subclause 28.7.2.1) and there is no Station Officer
vacancy at that station, the applicant must also be permanently attached to
that station.
13.9.3 The successful
applicants for a Leading Station Officer Program position shall be selected
from the eligible applicants using the selection process specified by the Commissioner
following consultation between the Department and the Union. The Department
shall accept the same number of suitable eligible applicants as there were
positions advertised for that location in accordance with subclause 13.9.1.
13.9.4 Station Officers
accepted onto the Leading Station Officer Program who subsequently fail to
satisfactorily complete the Program within a reasonable time shall be removed
from the Program and shall not be readmitted to the Program unless and until
such time as they successfully re-apply pursuant to subclauses 13.9.1, 13.9.2
and 13.9.3.
Leading Station Officer to Inspector
13.10 Promotion from
Leading Station Officer to Inspector shall be determined by the merit selection
process specified by the Commissioner following consultation between the
Department and the Union and shall be subject to the occurrence of a vacancy
and the satisfactory completion of the Inspector Program specified, by the
Commissioner on the advice of the Training Review Committee.
13.10.1 Subject
to subclause 28.7, applications for promotion to Inspector shall be called for
from Leading Station Officers with at least twelve (12) months service with
Fire and Rescue NSW at that rank in Commissioner’s Orders, with the closing
dates of applications to follow four weeks thereafter. The number (and, if
located in areas outside of the GSA and the Newcastle, Central Coast and
Illawarra Transfer Register areas, both the number and the location) of
Inspector and/or Operational Support Inspector positions available shall be
specified in the same Commissioner’s Orders, and shall be solely dependent on
the forward planning needs of the Department.
13.10.2 Leading
Station Officers who successfully apply pursuant to subclause 13.10.1 (or
Station Officers who successfully apply pursuant to subclause 28.7.3 or 28.7.4)
and who subsequently fail to satisfactorily complete the Inspector Program
within a reasonable time shall be removed from the Program and shall cease to
be eligible for such promotion. Nothing shall prevent such employees from
re-applying pursuant to subclause 13.10.1.
Inspector to Superintendent
13.11 Promotion from
Inspector to Superintendent shall be determined by the merit selection process
specified by the Commissioner following consultation between the Department and
the Union.
Chief Superintendent
13.12 Promotion from
Inspector or Superintendent to Chief Superintendent shall be determined by the
merit selection process specified by the Commissioner following consultation
between the Department and the Union.
General Provisions
13.13 While the
progression/promotion provisions specified in this clause refer to minimum
periods of service as one of the requirements for such progression/promotion,
the Department and the Union acknowledge and accept that:
13.13.1 as the
competency standards/levels required by Fire and Rescue NSW are determined and
established for each classification, the requirement for minimum periods of
service may, on specification by the Commissioner following consultation
between the Department and the Union in each case, no longer apply.
13.13.2 the
competency standards/levels required by Fire and Rescue NSW for each
classification shall be those as determined from time to time by the
Commissioner on the advice of the Training Review Committee.
13.13.3 an
employee with prior employment in the firefighting industry may apply to have
the minimum periods of service required for their progression to Qualified
Firefighter and/or to Senior Firefighter reduced. The extent of any reduction,
which shall not be retrospective, shall be determined by the Commissioner after
taking into account all of the circumstances of the employee's prior
employment.
13.14 In all cases,
progression/promotion shall, in addition to the provisions specified for such
progression/promotion, also be subject to satisfactory service.
13.15 The date that an
employee satisfactorily completes the required training and/or training
competencies shall be the date that the employee applied to be assessed and not
the actual date of their assessment. Where an employee is assessed as not yet
competent in any of the required training and/or training competencies then,
provided the firefighter requests re-assessment within one month of the ‘not
yet competent’ assessment, the date of satisfactory completion will be set back
by one month after the date the firefighter first applied to be assessed.
13.16 The reference to
"reasonable time" in subclauses 13.5, 13.7.4, 13.8.2, 13.9.4 and
13.10.2 means, in each instance, a period in excess of twelve (12) months. The
excess time to be allowed shall be determined by the Commissioner after taking
into account all of the circumstances of the case of the employee concerned.
Training Review Committee (TRC)
13.17 The TRC shall
provide advice to the Commissioner on an effective and equitable system of
training in Fire and Rescue NSW using the principles of Competency Based
Training.
13.18 The structure of
the TRC will consist of 3 representatives of the Department and 3
representatives of the Union.
13.19 The Chairperson of
the Committee will alternate every 12 months between a nominee of the
Department and the Union.
13.20 The role of the
TRC will include (but not be limited to):
13.20.1 advising
on the further development of training throughout Fire and Rescue NSW;
13.20.2 advising
on the implementation of a Competency Based Training regime throughout Fire and
Rescue NSW;
13.20.3 considering
Recognised Prior Learning (RPL) policy generally and in particular, the
consideration of individual applications for RPL.
13.21 Procedure
13.21.1 The TRC
will meet at least once every four weeks, or as otherwise agreed between the
parties;
13.21.2 Members
who are on shift on the day of the meeting will be released from day to day
operations, except in the event of an incident or other emergency
circumstances, for the purposes of fulfilling the above roles;
13.21.3 The TRC
will be adequately resourced by the Department so that it can effectively
fulfil the above roles.
13.22 The Commissioner
is not bound to accept the advice of the TRC and may act independently of the
TRC to implement changes to training, competencies and other matters covered by
Clause 13 within Fire and Rescue NSW provided that notice of any such decision
to implement change is notified in accordance with clause 36.6 in which case
clauses 36.7 to 36.9 inclusive shall apply.
14. Operational
Support Positions
Establishment of Operational Support Positions
14.1 Operational
Support positions shall be identified and established as such by the
Commissioner.
14.2 The format and
content of each Position Description referred to in subclause 14.4 shall be
determined by the Commissioner, but shall include, for each position:
14.2.1 Title;
14.2.2 Statement of
duties;
14.2.3 Essential
qualifications, which shall for all Operational Support Level 1 and Level 2
positions include at least forty eight (48) months service from the date of
commencement as a Recruit Firefighter;
14.2.4 Hours of work,
specifying which roster is to be worked pursuant to Clause 8 of this Award; and
14.2.5 Operational
Support classification, either Level 1 or Level 2 or Inspector, which shall be determined
by the Commissioner following consultation with the Union.
14.3 A copy of each
proposed new or varied Position Description will be forwarded to the Union
which may elect to provide a response within 14 days, and the Commissioner
shall take any response into account before making a determination. Subject to
any orders of the Industrial Relations Commission, a new or varied Position
Description will take effect 7 days following written notification to the Union
of the Commissioner’s determination.
14.4 A register of
established Operational Support Position Descriptions shall be maintained by
both parties. Once established, Position Descriptions may only be varied by the
Commissioner, subject to 14.2 and 14.3.
General Conditions for Operational Support Positions
14.5 Appointment to
Operational Support positions will be determined by merit selection and will be
subject to the occurrence of a vacancy. Applications for Operational Support
positions shall be called for from eligible employees in Commissioner’s Orders,
with the closing date of applications to follow four weeks thereafter.
14.6 Subject to
subclause 14.11, the rates of pay for employees occupying Operational Support
positions are as specified in Tables 1 and 2 of Part C, Monetary Rates.
14.7 Unless expressly
provided elsewhere within this Award, the general conditions of employment for
occupants of Operational Support positions shall be the same as those applying
to Operational Firefighters generally pursuant to subclauses 1.4 and 1.5 of
this Award.
14.8 Time spent in an
Operational Support position shall count for the minimum periods of service
required by Clause 13 Progression and Promotion.
14.9 Occupants of
Operational Support positions who are temporarily directed to undertake operational
firefighting duties and/or attend an incident in the capacity of their
substantive operational rank, not their Operational Support position, shall
continue to be paid at their Operational Support position's rate of pay.
14.9a Occupants of
Operational Support positions who request and who are permitted to temporarily
resume operational firefighting duties shall revert to, and be paid at the rate
of, their substantive operational rank for the duration of such resumption.
Provided that this subclause shall not apply in the case of interstate and
international deployments pursuant to Clause 12a.
14.10 Occupants of
Operational Support Level 1, Level 2, Level 2a and Level 3a positions may with
twenty eight days notice elect to relinquish their Operational Support position
and resume operational firefighting duties at their substantive rank.
14.11 Urban Search and
Rescue Training (only) may be delivered by "casual" instructors, who
will be paid at the Operational Support Level 2 rate of pay (plus applicable
allowances) while performing USAR instructor duties and at their substantive
rank’s rate of pay (plus applicable allowances) at all other times.
14.12 The classification
of Operational Support Level 3 was reclassified as Operational Support
Inspector on 14 November 2014, with future vacancies being restricted to
applications from employees holding the rank of Leading Station Officer or
Inspector, or from Station Officers with at least 24 months service with Fire
and Rescue as a Station Officer and who are undertaking but are yet to
satisfactorily complete the Leading Station Officer Program, or otherwise in
accordance with subclause 28.7.4.
14.13 The
classifications of Operational Support Levels 2 and 3 were reclassified for
occupants of these positions on 14 November 2014 (only) as Operational Support
Levels 2a and 3a.
14.14 The occupants of
Operational Support Level 2a positions shall remain in place and continue to
receive the Operational Support Level 2a rate of pay specified at Tables 1 and
2 of Part C unless and until:
14.14.1 they
voluntarily cease to occupy that position; or
14.14.2 they
are promoted to either Station Officer or Inspector and elect to remain in
place, in which case they shall be reclassified as, and paid at the rate of,
Operational Support Level 2; or
14.14.3 they
are demoted or cease employment.
14.15 The occupants of
Operational Support Level 3a positions shall remain in place and continue to
receive the Operational Support Level 3a rates of pay specified at Tables 1 and
2 of Part C unless and until:
14.15.1 they
voluntarily cease to occupy that position; or
14.15.2 they
are promoted to Inspector and elect to remain in place, in which case they
shall be reclassified as, and paid at the rate of, Operational Support
Inspector; or
14.15.3 they
are demoted or cease employment.
14.16 The occupant of an
Operational Support Level 2a or Level 3a position who involuntarily ceases to
hold that position because the position is deleted or because its Position
Description is varied to the extent that the position is effectively deleted,
shall continue to receive the Operational Support Level 2a or Level 3a rate of
pay specified at Tables 1 and 2 of Part C until the expiration of 12 months, or
until they otherwise become entitled to a higher rate of pay, or until they
cease employment, whichever occurs first.
15. Training and
Staff Development
15.1 Employees
covered by this Award will complete appropriate training, as specified by the
Commissioner from time to time, to improve the productivity and efficiency of
the Department's operations.
15.2 The appropriate
competencies based on relevant skills and qualifications requirements as
specified by the Commissioner for each classification level, shall be
progressively implemented and shall be subject to an ongoing process of review
and evaluation.
15.3 Upon request,
the Department will consider an application by an employee to attend a course
which is appropriate, relevant and recognised by the Department but is not
essential for promotion. If approval is granted by the Department for the
employee to attend such a course, the employee shall be entitled to the
provisions of Clause 16 of this Award.
16. Training
Course Attendance Entitlements
16.1 The provisions of
this Clause shall apply to employees who participate, with Departmental
approval, in training programs, examinations or assessments conducted by, on
behalf of, or approved by the Department. For the purposes of this Clause,
references to "training" or "course" shall be taken to
include such examinations or assessments.
16.2 Accommodation
16.2.1 The Commissioner
(or delegate) shall approve appropriate accommodation for an employee, if it
can be demonstrated that an unreasonable amount of travelling time and/or
distance is involved when travelling to and from the employee's residence to
the training venue.
16.2.2 Where an employee
attends a course within the Greater Sydney Area (GSA), and if the travelling
time to and from the training venue exceeds two (2) hours each way (by the
approved mode of transport) or if the return distance from the employee's
residence to the training venue exceeds 175 kms, the employee shall be entitled
to appropriate accommodation.
16.2.3 Where Departmental
accommodation is not provided to an employee with an entitlement to
accommodation, the relevant accommodation allowance prescribed by Clause 26,
Travelling Compensation shall be paid.
16.2.4 Where it is not
possible for an employee to travel to the training venue on the first day of
the course or where the travelling time would be unreasonable to travel on the
first day of the course, the employee shall be entitled to appropriate
accommodation on the evening prior to the start of the course. If it is not
possible for an employee to travel from the training venue to his or her
residence at the conclusion of the course or if the travelling time would be
unreasonable, the employee shall be entitled to appropriate accommodation on
the evening of the last day of the course. Approval must be obtained from the
Commissioner (or delegate) prior to bookings being made.
16.2.5 Appropriate
accommodation for employees who attend courses outside the GSA shall be
determined by the Commissioner (or delegate) having regard to the above criteria.
16.2.6 Where the training
program requires evening attendance the employee shall be granted appropriate
accommodation irrespective of the employee's work location or residential
address.
16.2.7 Notwithstanding
the above, any employee who considers that these criteria would cause undue
hardship etc. may make application for special consideration. All such
applications will be considered on their individual merits according to the
program content and the starting and completion times, on a daily basis.
16.3 Meals
16.3.1 Excluding the
Recruit Firefighters Program and Departmental training programs/courses which
are conducted at Departmental premises which have meal room facilities
comparable to those provided at fire stations, all employees attending training
programs which extend for a whole day shall be provided with morning/afternoon
tea and lunch.
16.3.2 Where employees
have been granted approval for overnight accommodation and when such
accommodation is provided by the Department, expenses reasonably and properly
incurred shall be reimbursed in accordance with Clause 26, Travelling
Compensation.
16.3.3 Employees who are
not required to accommodate themselves overnight shall, where appropriate, be
paid the relevant meal allowances prescribed by Clause 26, Travelling
Compensation.
16.3.4 Meal allowances
are not payable during times at which an accommodation allowance (as prescribed
in subclause 16.2.3 above) has been claimed. A component of the accommodation allowance
compensates for the costs associated with breakfast, lunch and evening meals.
16.4 Incidentals
16.4.1 Employees who are
provided with Departmental accommodation shall be entitled to claim the
appropriate incidentals allowance as prescribed by Clause 26, Travelling
Compensation.
16.4.2 The incidental
allowance cannot be claimed for any day during which an accommodation allowance
referred to in subclause 16.2.3 above is paid. The incidental allowance forms a
component of the accommodation allowance and, amongst other things, recognises
the cost associated with personal telephone calls, etc.
16.5 Excess Fares
16.5.1 Any employee who
incurs additional transport costs while travelling to and from the training
venue shall be entitled to have the additional expenses reimbursed. The additional expenses will be calculated on
the basis of public transport costs.
16.5.2 Where an employee
is granted approval to utilise the employee's private vehicle in lieu of public
transport, the appropriate specified journey rate, set at Item 1 of Table 4 of
Part C, shall be paid in respect of the kilometres travelled in excess of the
employee's normal journey to and from work.
16.5.3 Where a first
class rail service (or its equivalent) is reasonably available, an employee may
utilise this service and be reimbursed for the cost of the fare.
16.6 Excess
Travelling Time
16.6.1 Employees without
an accommodation entitlement shall be entitled to compensation for excess
travelling time for each day of the course.
16.6.2 Employees who
accept accommodation shall be entitled to compensation for excess travelling
time in respect of the first forward journey to and the last journey from the
course venue. Where the course extends
beyond one (1) week, employees who return to their residences on weekends shall
be entitled to excess travelling time and excess fares for the additional
forward and return journeys.
16.6.3 Unless special
circumstances exist, employees who have an accommodation entitlement, but who
decline accommodation, shall only be entitled to compensation for excess
travelling time in respect of the first forward journey to and the last journey
from the training venue.
16.6.4 Compensation shall
be in accordance with Clause 26, Travelling Compensation.
16.7 Mode of
Transport
16.7.1 Employees shall be
advised of the approved transport arrangements prior to the commencement of the
training program. Such approval shall be based on the most practical and
economic means of transport having regard to the entitlements contained in this
clause, provided that an employee cannot be directed by the Department to use
the employee's private vehicle.
16.7.2 Any employee who
wishes to use alternative means of transport may only do so with the approval
of the Commissioner (or delegate). Such approval must be obtained before travel
commences.
16.7.3 If approval is
granted to travel by an alternative means of transport any entitlements shall
be based on the arrangements approved under subclause 16.7.1.
16.8 Relieving
Allowances and Other Allowances
16.8.1 Attendance at a
training program does not in itself attract the payment of relieving
allowances. However, any employee in receipt of relieving allowances or other
allowances relating to qualifications or work performed at the time the program
commences, shall continue to be paid the allowances which would normally be
paid. Provided that such allowances shall only be paid for those days on which
the employee would normally have been rostered for duty.
16.8.2 Relieving
employees shall not be paid any additional relieving allowances as a
consequence of undertaking a training program.
16.9 Kilometre
Allowance
16.9.1 The kilometre
allowance prescribed by Clause 12, Relieving Provisions, is not payable to
employees when they attend a training program.
16.9.2 The provisions of
subclause 16.5.2 above shall apply to any employee who is granted approval to
utilise his or her private vehicle for transport to and from the training
venue.
16.10 Attendance at
Courses Whilst on Annual or Long Service Leave or Rostered Off Duty
16.10.1 Subject
to approval by the Department:
16.10.1.1 Where an
employee elects to attend a course whilst on annual leave or long service
leave, he or she will be re-credited with the appropriate leave for the hours
spent attending the training course.
16.10.1.2 Where an
employee elects to attend a course whilst rostered off duty, he or she shall be
paid at overtime rates for the hours spent attending the course.
16.10.2 Where
an employee is directed to attend a course while rostered off duty, he or she
may choose to either be paid at overtime rates or be credited with consolidated
leave for the hours spent attending the
course.
16.10.3 All
travelling time shall be compensated in accordance with Clause 26, Travelling
Compensation.
16.11 Stand Off
16.11.1 Where
an employee is required by the Department to attend a course, any necessary
stand off period shall be granted.
16.12 Payments in
Advance
16.12.1 Employees
attending a training course may, where reasonable and appropriate, elect to be
advanced the following payments:
accommodation allowance (subclause 16.2.3)
meal allowances (subclause 16.3.3)
incidental allowances (subclause 16.4.1)
16.12.2 The
advice to employees of course arrangements shall be conveyed in writing and
include details of the Centre at which claims for advance payments should be
submitted. Submitted claims must include
a copy of the relevant approval.
16.12.3 Accommodation
allowances are only payable when approval is given for an employee to make his
or her own accommodation arrangements.
17. Annual Leave
17.1 The provisions
of subclauses 17.2 to 17.11 inclusive shall not apply to Executive Officers.
The provisions of subclauses 17.12 to 17.17 inclusive shall not apply to
Operational Firefighters. The provisions of subclause 17.18 shall apply to all
employees.
Operational Firefighters
17.2 Annual leave to
the extent of 190 hours full pay shall accrue to each employee in respect of
each completed year of service. This annual leave shall be added to the 91.2
hours on full pay of thirty-eight hour week leave referred to at subclause 8.1,
resulting in a combined entitlement of 281.2 hours leave which shall be known
as "Annual Leave." Employees shall over a 64 week cycle accrue 344.91
hours of this combined "Annual Leave", 336 hours of which shall be
taken in accordance with the leave roster at subclause 17.3, and the residual
8.91 hours of which shall be converted to an annual amount of 7.25 hours per
annum which shall be credited to each employee as consolidated leave on the
anniversary of the employee’s date of commencement of employment as an
Operational Firefighter.
17.3 The leave roster
shall require each employee to be allocated a leave group which shall operate
over a 64 week cycle, during which time each employee shall, depending on their
particular leave group, either:
17.3.1 work 1344 hours
over a 32 week period, then take 192 hours of combined annual leave and 38 hour
leave over a four week period, then work 1008 hours over a 24 week period,
followed by 144 hours of combined annual leave and 38 hours leave over a four
week period; or
17.3.2 work 1008 hours
over a 24 week period, then take 192 hours of combined annual leave and 38 hour
leave over a four week period, then work 1344 hours over a 32 week period,
followed by 144 hours of combined annual leave and 38 hours leave over a four
week period.
17.4 The Department
may change an employee’s leave group with reasonable notice provided that the
following leave adjustments are made in order to ensure that employees conclude
each period of "Annual Leave" neither in deficit nor credit for the
thirty-eight hour week leave component (only) of their "Annual Leave"
balance:
17.4.1 If the change of
leave group delays the taking of annual leave and would therefore result in the
accrual of additional thirty-eight hour week leave then the employee will not
accrue that additional leave and will instead be credited with an equal number
of hours of consolidated leave; and
17.4.2 If the change of
leave group causes annual leave to be taken earlier, and before the employee
would have accrued sufficient "Annual Leave", then the thirty-eight
hour week leave component (only) of the employee's "Annual Leave"
balance shall be zeroed at the conclusion of that annual leave period.
17.5 Where the
commencing date of the rostered period of annual leave occurs whilst an
employee is on sick leave and does not return to duty within seven days of such
date, the employee concerned shall be entitled to elect whether to proceed
immediately on annual leave or to commence annual leave on one of the next six
succeeding Fridays.
17.6 Employees other
than those stationed at Broken Hill or Moree shall on each anniversary of their
appointment to the service be credited with 16 hours consolidated leave in
addition to the period of annual leave prescribed by subclause 17.2.
17.7 Employees
stationed at Broken Hill or Moree shall on each anniversary of their appointment
to the service be credited with 38.75 hours consolidated leave in addition to
the period of annual leave prescribed by subclause 17.2.
17.8 The taking of
annual leave is subject to Departmental requirements and, when unforeseen
circumstances arise, may be rescheduled by authority of the Commissioner,
provided that the adjustment mechanism set out at subclause 17.4 shall then
apply.
17.9 In the event of
the termination of the employment of any employee for any cause with less than
twelve months' service from the date of the last leave accrued, the employee
shall be paid pro rata for leave for each month of service.
17.10 Occupants of
Operational Support positions may apply in writing to take their annual leave
at some other time and, if approved, such leave shall be deemed to have been
taken in accordance with the leave roster, provided that:
17.10.1 employees'
leave balances shall always be adjusted in accordance with the actual hours
taken; and
17.10.2 employees
must take at least four weeks annual leave in each twelve month period; and
17.10.3 annual
leave taken under this subclause shall be taken either in one consecutive
period or two periods which shall be of three weeks and one week respectively,
or if the employee and the Department so agree, in either two, three or four
separate periods and not otherwise; and
17.10.4 up to
410 hours of annual leave may be accrued before the Commissioner may direct an
employee to take annual leave at a time convenient to the Department, in which case
the Commissioner shall provide the employee at least 28 days notice.
17.11 Employees may
apply in writing to swap one or more sets of shifts within their next three
leave periods, and, if approved, the swapped leave shall be deemed to have been
taken in accordance with the employee’s own leave group.
Executive Officers
17.12 Executive Officers
shall accrue annual leave on full pay at the rate of twenty five (25) working
days per year.
17.13 Executive
Officers shall accrue annual leave from month to month only, but for the
purpose of calculating annual leave which may be due on the cessation of
employment, credit shall be given for periods of service of less than one (1)
month.
17.14 Executive Officers
may accrue annual leave up to a maximum of forty (40) working days. Unless
approved otherwise by the Commissioner, the right to take any accrued annual
leave in excess of forty (40) working days shall be forfeited.
17.15 The Commissioner
may direct an Executive Officer to take such leave as is convenient to the
workings of the Department.
17.16 Executive Officers
shall not be granted annual leave for any period of less than a quarter day or
in other than multiples of a quarter day.
17.17 Where application
is made by an employee in writing to the Commissioner that, by reasons of
special circumstances, which shall be specified, the Commissioner may
authorise, in writing, the taking of annual leave at some other time to be
determined by the Commissioner for the purpose of this Award, such leave shall
be deemed to have been taken in accordance with the leave roster.
All Employees
17.18 Prior to an
employee entering upon a period of annual leave, the employee may elect to be
paid with respect of the period of leave in one of the following ways:
17.18.1 in full
when the employee commences the period of leave; or
17.18.2 at the
same time as the employee’s normal pay would have been paid if the worker had
remained on duty.
18. Compassionate
Leave
18.1 In no way restricting
the right of the Commissioner to approve leave for compassionate reasons in
other circumstances, an employee other than a casual employee, shall be
entitled to up to two shifts (or two days in the case of day workers)
compassionate leave without deduction of pay, up to and including the day of
the funeral, on each occasion of the death of a person as prescribed in
subclause 18.3 of this clause.
18.2 The employee
must notify the employer as soon as practicable of the intention to take
compassionate leave and will, if requested by the employer, provide to the
satisfaction of the employer proof of death.
18.3 Compassionate
leave shall be available to the employee in respect to the death of a person
being:
18.3.1 a spouse of the
employee; or
18.3.2 a de facto spouse
who, in relation to a person, is a person of the opposite sex to the first
mentioned person and who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis, although not legally
married to that person; or
18.3.3 a child or an
adult child (including an adopted child, a stepchild, a foster child or an
ex-nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
18.3.4 a same sex partner
who lives with the employee as the de facto partner of that employee on a bona
fide domestic basis; or
18.3.5 a relative of the
employee who is a member of the same household where, for the purposes of this
subclause:
18.3.5.1 "relative"
means a person related by blood, marriage or affinity;
18.3.5.2 "affinity"
means a relationship that one spouse, because of marriage, has to blood
relatives of the other; and
18.3.5.3 "household"
means a family group living in the same domestic dwelling.
18.4 An employee
shall not be entitled to compassionate leave under this clause during any
period in respect of which the employee has been granted other leave.
18.5 Compassionate
leave may be taken in conjunction with other leave available under subclauses
22.2, 22.3, 22.4 and 22.5 of the said clause 22. In determining such a request,
the employer will give consideration to the circumstances of the employee and
the reasonable operational requirements of the Department.
19. Examination
and Assessment Leave
19.1 Except as
specified otherwise by the Commissioner following consultation between the
Department and the Union, all examinations and/or assessments required for progression
or promotion shall be arranged so that they take place when the employee is
normally rostered for duty on day shift.
19.2 Where the
Department is unable to make the necessary arrangements for an employee to sit
an examination/assessment on shift as per subclause 19.1 within two months from
the date the employee makes application for assessment, the employee may make
arrangements to sit the examination/assessment externally. In such cases, employees shall be entitled to
the conditions provided for by Clause 16, Training Course Attendance
Entitlements, of this Award. The Department shall notify the employee as early
as practicable of its inability to make such necessary arrangements.
19.3 An employee
sitting for an examination or assessment as per subclause 19.1 shall be
granted, prior to the examination or assessment, such paid leave as might
reasonably be necessary for attendance at the examination or assessment,
including travel.
20. Long Service
Leave
20.1 Subject also to
the provisions of subclause 20.8, Long Service Leave calculated from the date
of appointment to the service shall accrue to employees in accordance with the
following entitlements:
20.1.1 After service for
ten years, leave for two months on full pay or four months on half pay.
20.1.2 After service in
excess of ten years:
20.1.2.1 Leave
pursuant to subclause 20.1.1; and
20.1.2.2 In
addition, an amount of leave proportionate to the length of service after ten
years, calculated on the basis of five months on full pay or ten months on half
pay, for ten years served after service for ten years.
20.1.2.3 Long
Service Leave shall not include annual leave.
20.2 Where the
services of an employee with at least five years but less than seven years
service are terminated by the Department for any reason other than the
employee's serious and wilful misconduct, or by the employee on account of
illness, incapacity or domestic or other pressing necessity, or by reason of
the death of the employee, the employee shall, for five years' service be
entitled to one month's leave on full pay and for service after five years to a
proportionate amount of leave on full pay calculated on the basis of three
months' leave for fifteen years' service.
20.3 In the event of
the termination of the employment of the employee other than by death, the
monetary value of Long Service Leave due, if any, shall be paid to such
employee.
20.4
20.4.1 Approval to take
Long Service Leave as provided by this clause shall, subject to the exigencies
of the Department, be granted by the Department as and when such leave becomes
due (i.e. after seven years) or any time thereafter. Provided that an employee
shall give notice, in writing, to the Department of the employee's intention to
take such leave. Such notice shall be given at least twenty days before the
date on which the employee intends to commence such leave.
20.4.2 Notwithstanding
the provisions of subclause 20.4.1, the period of notice referred to in subclause
20.4.1 may be reduced on a case by case basis, subject to the discretion of the
Commissioner.
20.5 Approval to take
Long Service Leave may be deferred by the Commissioner due to Departmental
requirements.
20.6 Long Service
Leave may be taken in the following combinations and not otherwise:
20.6.1 In the case of
employees working the roster systems prescribed by subclauses 8.3 and 8.4 of
Clause 8, Hours of Work, in multiples of eight consecutive calendar days with a
minimum period of eight consecutive calendar days.
20.6.2 In the case of
employees working the roster systems prescribed by subclauses 8.5 and 8.6 of
Clause 8, Hours of Work, or any other roster system agreed to between the
Department and the Union based on a seven day cycle, in multiples of seven
consecutive calendar days with a minimum period of seven consecutive calendar
days.
20.6.3 Where approval is
granted to take Long Service Leave on half pay the multiples and minimum
periods specified in subclauses 20.6.1 and 20.6.2 shall be doubled.
20.7 Prior to an
employee entering upon a period of Long Service Leave, the employee may elect
to be paid with respect of the period of leave in one of the following ways:
20.7.1 in full when the
employee commences the period of leave; or
20.7.2 at the same time
as the employee’s normal pay would have been paid if the worker had remained on
duty.
20.8 Notwithstanding
anything elsewhere provided by this clause, effective on and from the date of
operation of this Award:
20.8.1 employees may apply
to take pro-rata Long Service Leave after the completion of seven (7) years of
service. Additionally employees with such service shall be entitled to pro-rata
Long Service Leave on resignation or termination.
20.8.2 employees may
apply to take a period of Long Service Leave at double pay provided that:
20.8.2.1 The
additional payment will be made as a non-superable taxable allowance payable
for the period of the absence from work.
20.8.2.2 The
employee's leave balance will be debited for the actual period of the absence
from work and an equivalent number of days as are necessary to pay the
allowance.
20.8.2.3 Other
leave entitlements, e.g., recreation leave, sick leave and Long Service Leave will
accrue at the single time rate where an employee takes Long Service Leave at
double time.
20.8.2.4 Superannuation
contributions will only be made on the basis of the actual absence from work,
i.e., at the single time rate.
20.8.2.5 Where
an employee other than an Executive Officer elects to take Long Service Leave
at double pay, the minimum & multiple periods of actual absence as
prescribed in 20.6 shall apply. Where an Executive Officer elects to take Long
Service Leave at double pay, the minimum period of actual absence should be not
less than one week.
20.8.3 where a public
holiday falls during a period of Long Service Leave the employee shall be paid
for that day and additionally it shall not be deducted from the period of the
leave.
20.8.3.1 In
respect of public holidays that fall during a period of double pay Long Service
leave an employee will not be debited in respect of the leave on a public
holiday. The employees leave balance
will however be reduced by an additional day to fund the non-superable taxable
allowance.
20.9 Entitlements to
Extended Leave (Long Service Leave) pursuant to the Public Sector Employment
and Management Act 2002 shall take effect on and from 5 October 1993, provided
that the total years of service will count for the determination of
entitlements accruing from that date.
21. Parental Leave
21.1 Definition of
Parental Leave
21.1.1 For the purposes
of this clause, parental leave is maternity leave, paternity leave or adoption
leave.
21.1.2 Maternity leave is
taken by a female employee in connection with the pregnancy or the birth of a
child of the employee. Maternity leave consists of an unbroken period of leave.
21.1.3 Paternity leave is
leave taken by a male employee who becomes a parent but is ineligible to be granted
either maternity leave or adoption leave but is to be the primary care giver of
a child or who wishes to share the child caring duties with their partner.
21.1.4 Adoption leave is
leave taken by a female or male employee in connection with the adoption by the
employee of a child under the age of five (5) years (other than a child who has
previously lived continuously with the employee for a period of at least six
(6) months or who is a child or step-child of the employee or of the employee's
spouse).
21.1.5 For the purposes
of this clause, "spouse" includes a de facto spouse and a former
spouse.
21.2 Entitlement to
Parental Leave
21.2.1 An employee is
entitled to parental leave, as provided by this clause, in connection with the birth
or adoption of a child.
21.2.2 Maternity Leave -
all female employees who do not have the necessary service as prescribed in
subclause 21.3.1 for paid Maternity Leave, shall be entitled to unpaid
maternity leave of up to fourteen (14) weeks before the expected date of birth
of the child.
21.2.3 Paid Maternity
Leave may be granted to a female employee subject to the following conditions -
21.2.3.1 The
female employee has applied for Maternity Leave within such time and in such
manner as herein set out; and
21.2.3.2 Before
the expected date of birth has completed not less than forty (40) weeks'
continuous service. Paid Maternity Leave shall be for a period of fourteen (14)
weeks at full pay or twenty-eight (28) weeks at half pay from the date Maternity
Leave commences.
21.2.3.3 In
addition to the unpaid or paid Maternity leave referred to in 21.2.2 &
21.2.3.2 respectively, all female employees shall be entitled to a further
period of unpaid Maternity leave, provided that the total period of absence on
Maternity leave shall not exceed sixty-one (61) weeks.
21.2.3.4 The
period over which Annual and/or Long Service Leave combined with unpaid
Maternity Leave, shall not exceed a total period of two years from the date of
birth of the child.
21.2.4 Short Adoption
Leave is an unbroken period of fourteen (14) weeks of unpaid leave, taken by an
employee who does not have the necessary service for paid Adoption Leave as
prescribed in subclause 21.3.1, from the time of placement of the child.
21.2.5 Paid Adoption
Leave may be granted to an employee adopting a child subject to the following
conditions:
21.2.5.1 The
employee has applied for Adoption Leave within such time and in such manner as
herein set out; and
21.2.5.2 Before
the commencement of Adoption Leave the employee has completed not less than
forty (40) weeks' continuous service.
21.2.5.3 The
employee is to be the primary care giver of the child.
21.2.5.4 Paid
Adoption Leave shall be for a period of fourteen (14) weeks at full pay or
twenty-eight (28) weeks at half pay of Adoption Leave or the period of Adoption
Leave taken, whichever is the lesser period.
21.2.5.5 In
addition to the unpaid or paid Adoption leave referred to in 21.2.4 &
21.2.5 of this subclause respectively, all employees shall be entitled to a
further period of unpaid Adoption leave, provided that the total period of
absence on Adoption leave shall not exceed sixty-one (61) weeks.
21.2.6 Paternity Leave is
a period of up to a maximum of fifty-two (52) weeks of either unpaid or a combination
of paid and unpaid parental leave taken from the date of birth of the child, or
other termination of the pregnancy. Application for such leave must be made
within such time and in such manner as herein set out. Paternity leave shall
consist of -
21.2.6.1
21.2.6.1.1 an
unbroken period of up to one (1) week unpaid leave (short paternity leave) at
the time of the birth of the child, or other termination of the pregnancy, or
21.2.6.1.2 an
unbroken period of up to one (1) week on full pay or two (2) weeks on half pay
at the time of the birth of the child, or other termination of the pregnancy
provided that at such time the employee has completed not less than forty (40)
weeks continuous service.
21.2.6.2 In
addition to the unpaid or paid Paternity leave referred to in 21.2.6.1, all
male employees shall be entitled to a further period of unpaid Paternity leave
in order to be the primary care-giver of the child (extended paternity leave),
provided that the total period of absence on Paternity leave shall not exceed
fifty-two (52) weeks.
21.2.7 Except as provided
for in subclause 21.2.3 and 21.2.5, Parental Leave shall not extend beyond a
period of 1 year after the child was born or adopted.
21.3 Length of
service for eligibility
21.3.1 A female employee
is entitled to paid maternity leave or, in the case of both male and female
employees, paid paternity or adoption leave only if the employee has had at
least 40 weeks' continuous service.
21.3.2 There is no
minimum period of employment for eligibility for unpaid parental leave.
21.3.3 Continuous service
is service under one or more unbroken contracts of employment, including:
21.3.3.1 any
period of authorised leave or absence, and
21.3.3.2 any
period of part-time work.
21.3.3.3 full or
part time service within the Public Service or within a Public Sector
organisation listed in the schedules attached to the Transferred Officers
Extended Leave Act 1961 and in appendices A and B contained in the Personnel
Handbook published by the DPE.
21.4 Notices and
Documents required to be given to Commissioner
21.4.1 Maternity leave
The notices and documents to be given to the
Commissioner for the purposes of taking maternity leave are as follows:
21.4.1.1 The female
employee should give at least 8 weeks' written or oral notice of the intention
to take the leave (unless it is not reasonably practicable to do so in the
circumstances),
21.4.1.2 The
female employee must, at least 4 weeks before proceeding on leave, give written
notice of the dates on which the employee proposes to start and end the period
of leave,
21.4.1.3 The
female employee must, before the start of leave, provide a certificate from a
medical practitioner confirming that the employee is pregnant and the expected
date of birth.
21.4.2 Paternity leave
The notices and documents to be given to the
Commissioner for the purposes of taking paternity leave are as follows:
21.4.2.1 In the
case of extended paternity leave, the employee should give at least 10 weeks
written or oral notice of the intention to take the leave (unless it is not
reasonably practicable to do so in the circumstances),
21.4.2.2 The
employee must, at least 4 weeks before proceeding on leave, give notice of the
dates on which the employee proposes to start and end the period of leave,
21.4.2.3 The
employee must, before the start of leave, provide a certificate from a medical
practitioner confirming that the employee's spouse is pregnant and the expected
date of birth,
21.4.2.4 In the
case of extended paternity leave, the employee must, before the start of leave,
provide a statutory declaration by the employee stating:
21.4.2.4.1 any
period of maternity leave sought or taken by his spouse, and
21.4.2.4.2 that he
is seeking that period of extended paternity leave to become the primary
care-giver of a child.
21.4.3 Adoption leave
The notices and documents to be given to the
Commissioner for the purposes of taking adoption leave are as follows:
21.4.3.1 In the case
of extended adoption leave, the employee should give written or oral notice of
any approval or other decision to adopt a child at least 10 weeks before the
expected date of placement (unless it is not reasonably practicable to do so in
the circumstances),
21.4.3.2 The
employee must give written notice of the dates on which the employee proposes
to start and end the period of leave, as soon as practicable after the employee
is notified of the expected date of placement of the child but at least 14 days
before proceeding on leave,
21.4.3.3 The
employee must, before the start of leave, provide a statement from an adoption
agency or another appropriate body of the expected date of placement of the
child with the employee for adoption purposes,
21.4.3.4 In the
case of extended adoption leave, the employee must, before the start of leave,
provide a statutory declaration by the employee stating:
21.4.3.4.1 any
period of adoption leave sought or taken by his or her spouse, and
21.4.3.4.2 that the
employee is seeking that period of extended adoption leave to become the
primary care-giver of a child.
21.4.4 An employee does
not fail to comply with this clause if the failure was caused by:
21.4.4.1 the
child being born (or the pregnancy otherwise terminating) before the expected
date of birth, or
21.4.4.2 the
child being placed for adoption before the expected date of placement, or
21.4.4.3 other
compelling circumstances.
In the case of the birth of a living child, notice of
the period of leave is to be given within two (2) weeks after the birth and the
certificate of the medical practitioner is to state that the child was born and
the date of birth. In the case of the adoption of a child, notice of the period
of leave is to be given within two (2) weeks after the placement of the child.
21.4.5 An employee must
notify the Commissioner of any change in the information provided under this
clause within two (2) weeks after the change.
21.4.6 If required by the
Commissioner, an employee who applies for Parental Leave is to give the
Commissioner a statutory declaration, or enter into an agreement with the
Commissioner, that for the period of the leave the employee will not engage in
any conduct inconsistent with the employee's contract of employment.
21.5 Continuity of
service
Parental leave does not break an employee's continuity
of service, but subject to subclauses 21.5.1, 21.5.2 and 21.5.3, is not to be
taken into account in calculating an employee's period of service for any other
purposes.
21.5.1 Any period of paid
Adoption, paid Maternity or paid Paternity Leave shall count as full service
for the purposes of determining progression either within a classification or
from one classification to another. However, unpaid Parental Leave shall not
count as service for determining such progression.
21.5.2 Adoption Leave on
full pay, Maternity Leave at full pay and Paternity Leave at full pay shall
count as full service for the purposes of determining all forms of leave.
21.5.3 Unpaid Parental
Leave shall not count as service for determining any form of leave entitlement,
except for Long Service Leave (Extended Leave) in cases where at least ten (10)
years of service has been completed and unpaid Parental Leave does not exceed
six (6) months.
21.6 Simultaneous
taking of Parental Leave
Subject to subclause 21.20.1.1, Parental Leave is to be
available to only one parent at a time, in a single unbroken period, except
that both parents may simultaneously take:
21.6.1 For maternity and
paternity leave, an unbroken period of up to one week at the time of the birth
of the child;
21.6.2 For adoption
leave, an unbroken period of up to three weeks at the time of the placement of
the child.
21.7 Cancellation of
Parental Leave
21.7.1 Before starting
leave
Parental leave applied for but not commenced is
automatically cancelled if:
21.7.1.1 the
employee withdraws the application for leave by written notice to the
Commissioner, or
21.7.1.2 the pregnancy
concerned terminates other than by the birth of a living child or the placement
of the child concerned does not proceed.
21.7.2 After
starting leave
If:
21.7.2.1 the
pregnancy of the employee or the employee's spouse terminates other than by the
birth of a living child while the employee or spouse is on parental leave,
provided:
21.7.2.1.1 if a
child is still-born the female employee may elect to take available sick leave
or maternity leave;
21.7.2.1.2 in the
event of a miscarriage any absence from work is to be covered by the current
sick leave provisions; or
21.7.2.2 the
child in respect of whom an employee is then on parental leave dies, or
21.7.2.3 the
placement of a child for adoption purposes with an employee then on adoption
leave does not proceed or continue,
the employee is entitled to resume work at a time
nominated by the Commissioner within 2 weeks after the date on which the
employee gives the Commissioner a notice in writing stating that the employee
intends to resume work and the reason for the intended resumption.
21.7.3 This provisions of
subclause 21.7 do not affect an employee's entitlement to special maternity
leave or special adoption leave.
21.8 Parental Leave
and other Leave
21.8.1 An employee may
take any annual leave, long service leave (extended leave) or consolidated
leave to which the employee is entitled instead of or in conjunction with
parental leave.
21.8.2 However, the total
period of leave cannot be so extended beyond the maximum period of parental
leave authorised by this clause.
21.8.3 The maximum period
of parental leave authorised by this clause is reduced by any period of paid
sick leave taken by the employee while on maternity leave.
21.8.4 Any paid absence authorised
by law or by an award, enterprise agreement or contract of employment is not
available to an employee on parental leave, except if the paid absence is:
21.8.4.1 annual
leave, long service leave (extended leave) or consolidated leave, or
21.8.4.2 in the
case of maternity leave - sick leave.
21.9 Employee and
Commissioner may agree to interruption of parental leave by return to work
21.9.1 An employee on
parental leave may, with the agreement of the Commissioner, break the period of
leave by returning to work for the Department, provided that:
21.9.1.1 A
female employee who gives birth to a living child shall not resume duty until
six (6) weeks after the birth of the child unless special arrangements for
early return are made at the request of the female employee and supported by a
certificate from a qualified medical practitioner;
21.9.1.2 A
female employee who has returned to full-time duty after less than her full
entitlement to maternity leave, shall be entitled to revert to maternity leave
either on a full-time or part-time basis if she so elects. This election may be
exercised only once and a minimum of four (4) weeks notice (or less if
acceptable to the Commissioner) of her intention to resume maternity leave must
be given.
21.9.2 The period of
leave cannot be extended by such a return to work beyond the maximum period of
leave authorised by this clause.
21.10 Extension of
period of Parental Leave
21.10.1 An
employee may extend the period of parental leave once only by giving the Commissioner
notice in writing of the extended period at least fourteen (14) days before the
start of the extended period. The period of leave cannot be extended by such a
notice beyond the maximum period of leave authorised by this clause.
21.10.2 Subject
to the provisions of subclause 21.20, an employee may extend the period of
parental leave at any time with the agreement of the Commissioner. The period
of leave can be extended by such an agreement beyond the maximum period of
leave authorised by this clause.
21.10.3 This
section applies to an extension of leave while the employee is on leave or
before the employee commences leave.
21.11 Shortening of
period of Parental Leave
An employee may shorten the period of parental leave with
the agreement of the Commissioner and by giving the Commissioner notice in
writing of the shortened period at least fourteen (14) days before the leave is
to come to an end.
21.12 Return to work
after Parental Leave
21.12.1 An
employee returning to work after a period of parental leave is entitled to be
employed in:
21.12.1.1 the
classification (if possible, at the same location) held by the employee
immediately before proceeding on that leave, or
21.12.1.2 if the
employee was transferred to a safe job before proceeding on maternity leave -
the classification (if possible, at the same location) held immediately before
the transfer.
21.12.2 If the
classification no longer exists but there are other classifications available
that the employee is qualified for and is capable of performing, the employee
is entitled to be employed in a classification as comparable as possible in
status and pay to that of the employee's former classification.
21.12.3 The
provisions of subclause 21.12 extend to a female employee returning to work
after a period of Special maternity leave and sick leave.
21.13 Payment
21.13.1 Payment
for the fourteen (14) weeks on full pay or twenty-eight (28) weeks on half pay
paid Maternity Leave may be made -
21.13.1.1 in
advance in a lump sum; or
21.13.1.2 on a
normal fortnightly basis, and shall be at the same hourly rate as the rate paid
for other forms of paid leave, and may include payment of a higher duties
allowance if the employee;
21.13.1.2.1 has acted
in the higher position for a period in excess of one year; and
21.13.1.2.2 the
period of higher duties relief continues up to the day prior to the employee's
departure on maternity leave; and
21.13.1.2.3 the
higher duties relief is at the full difference in pay.
21.13.2 Payment
to eligible employees for the fourteen (14) weeks on full pay or twenty-eight
(28) weeks on half pay paid Adoption Leave may be made -
21.13.2.1 in
advance in a lump sum; or
21.13.2.2 on a
normal fortnightly basis.
21.14 Commissioner's
Obligations
21.14.1 Information
to Employees
On becoming aware that an employee (or an employee's
spouse) is pregnant, or that an employee is adopting a child, the Commissioner
must inform the employee of:
21.14.1.1 the
employee's entitlements to parental leave under this clause, and
21.14.1.2 the
employee's obligations to notify the Commissioner of any matter under this
clause.
21.14.2 Records
The Commissioner must keep, for at least six (6) years,
a record of parental leave granted under this clause to employees and all
notices and documents given under this clause by employees or the Commissioner.
21.15 Termination of
Employment because of Pregnancy etc
21.15.1 The
Commissioner must not terminate the employment of an employee because:
21.15.1.1 the
employee is pregnant or has applied to adopt a child, or
21.15.1.2 the
employee has given birth to a child or has adopted a child, or
21.15.1.3 the
employee has applied for, or is absent on, parental leave,
but otherwise the rights of the Commissioner in relation
to termination of employment are not affected by this clause.
21.15.2 For the
purposes of establishing such a termination of employment, it is sufficient if
it is established that the alleged reason for termination was a substantial and
operative reason for termination.
21.15.3 This
clause does not affect any other rights of a dismissed employee.
21.16 Replacement
employees
21.16.1 A
replacement employee is a person who is specifically employed as a result of an
employee proceeding on parental leave (including as a replacement for an
employee who has been temporarily promoted or transferred in order to replace
the employee proceeding on parental leave).
21.16.2 Before
a replacement employee is employed, the Commissioner must inform the person of
the temporary nature of the employment and of the rights of the employee on
parental leave to return to work.
21.16.3 A
reference in this clause to an employee proceeding on leave includes a
reference to a pregnant employee exercising a right to be transferred to a safe
job.
21.17 Transfer to a Safe
Job
21.17.1 This
subclause applies whenever the present work of a female employee is, because of
her pregnancy or breastfeeding, a risk to the health or safety of the employee
or of her unborn or new born child. The assessment of such a risk is to be made
on the basis of a medical certificate supplied by the employee and of the
obligations of the Commissioner under the Occupational Health and Safety Act
2000.
21.17.2 The
Commissioner is to temporarily adjust the employee's working conditions or
hours of work to avoid exposure to risk as follows -
21.17.2.1 Where a
female employee is confirmed pregnant she is to notify the Officer-in-Charge as
soon as possible who will, in turn, direct that she be withdrawn from
operational firefighting duties;
21.17.2.2
21.17.2.2.1 The
standard issue uniform is to be worn by members until the pregnancy becomes
apparent prior to the birth and from the tenth week, if practicable, following
the birth.
21.17.2.2.2 Employees
will be provided with a maternity uniform for use when appropriate.
21.17.2.3 An
employee on maternity leave who gives birth to a living child shall not resume
operational firefighting duties until thirteen (13) weeks have elapsed after
the birth of the child unless a special request for early return is made by the
employee supported by a medical certificate from a qualified medical
practitioner, subsequently endorsed by the Department's occupational physician.
21.17.2.4 Duties
other than fire fighting may be undertaken after six (6) weeks following the
birth of the child, if endorsed by the occupational physician.
21.17.2.5
21.17.2.5.1 Upon
withdrawal from operational firefighting duties alternate work of a suitable
nature is to be provided.
21.17.2.5.2 Allocation
of duties will be determined by the Department following consultation between
the Department's Occupational Health Physician, the employee's
Officer-in-Charge and the employee.
21.17.3 If such
an adjustment is not feasible or cannot reasonably be required to be made, the
Commissioner is to transfer the employee to other work where she will not be
exposed to that risk.
21.17.4 If such
a transfer is not feasible or cannot reasonably be required to be made, the
Commissioner is to grant the employee maternity leave under this clause (or any
available paid sick leave) for as long as is necessary to avoid exposure to
that risk, as certified by a medical practitioner.
21.18 Special Maternity
Leave and Sick Leave
If the pregnancy of an employee not then on maternity
leave terminates before the expected date of birth (other than by the birth of
a living child) or she suffers illness related to her pregnancy:
21.18.1 the
employee is entitled to such period of unpaid leave (to be known as special maternity
leave) as a medical practitioner certifies to be necessary before her return to
work, or
21.18.2 the
employee is entitled to such paid sick leave (either instead of or in addition
to special maternity leave) as she is then entitled to and as a medical
practitioner certifies to be necessary before her return to work.
21.19 Special Adoption
Leave
An employee who is seeking to adopt a child is entitled
to up to two (2) days unpaid leave if the employee requires that leave to
attend compulsory interviews or examinations as part of the adoption procedure.
This leave may also be granted from a credit of Consolidated leave.
21.20 Right to request
21.20.1 An
employee entitled to parental leave may request the employer to allow the
employee:
21.20.1.1 to
extend the period of simultaneous parental leave up to a maximum of eight weeks;
21.20.1.2 to
extend the period of unpaid parental leave for a further continuous period of
leave not exceeding 12 months;
to assist the employee in reconciling work and parental
responsibilities.
21.20.2 The
employer shall consider the request having regard to the employee’s
circumstances and, provided the request is genuinely based on the employee’s
parental responsibilities, may only refuse the request on reasonable grounds
related to the effect on the workplace or the employer’s business.
21.20.3 Employee’s
request and the employer’s decision to be in writing:
The employee’s request and the employer’s decision made
under 21.20.1.1 and 21.20.1.2 must be recorded in writing.
21.21 Communication
during parental leave
21.21.1 Where
an employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the employer shall take
reasonable steps to:
21.21.1.1 make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
21.21.1.2 provide
an opportunity for the employee to discuss any significant effect the change
will have on the status or responsibility level of the position the employee
held before commencing parental leave.
21.21.2 The
employee shall take reasonable steps to inform the employer about any
significant matter that will affect the employee’s decision regarding the
duration of parental leave to be taken and whether the employee intends to
return to work.
21.21.3 The
employee shall also notify the employer of changes of address or other contact details
which might affect the employer’s capacity to comply with paragraph 21.21.1.
22. Carer's Leave
22.1 Use of Sick
Leave -
22.1.1 An employee, other
than a casual employee, with responsibilities in relation to a class of person
set out in subclause 22.1.3.2, who needs the employee's care and support shall
be entitled to use, in accordance with this clause, any current or accrued sick
leave entitlement, provided for at Clause 23 of this Award, for absences to
provide care and support for such persons when they are ill. Such leave may be taken for part of a single
day.
22.1.2 The employee
shall, if required, establish, by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person. In normal circumstances an
employee must not take carer's leave under this clause where another person has
taken leave to care for the same person.
22.1.3 The entitlement to
use sick leave in accordance with this clause is subject to:
22.1.3.1 the
employee being responsible for the care of the person concerned; and
22.1.3.2 the
person concerned being:
22.1.3.2.1 a spouse
of the employee; or
22.1.3.2.2 a de
facto spouse who, in relation to a person, is a person of the opposite sex to
the first mentioned person and who lives with the first mentioned person as the
husband or wife of that person on a bona fide domestic basis, although not
legally married to that person; or
22.1.3.2.3 a child
or an adult child (including an adopted child, a stepchild, a foster child or
an ex-nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
22.1.3.2.4 a same
sex partner who lives with the employee as the de facto partner of that
employee on a bona fide domestic basis; or
22.1.3.2.5 a
relative of the employee who is a member of the same household where, for the
purposes of this subclause:
22.1.3.2.5.1 "relative"
means a person related by blood, marriage or affinity;
22.1.3.2.5.2 "affinity"
means a relationship that one spouse, because of marriage, has to blood
relatives of the other; and
22.1.3.2.5.3 "household"
means a family group living in the same domestic dwelling.
22.1.4 An employee shall,
wherever practicable, give the Department notice, prior to the absence, of the
intention to take leave, the name of the person requiring care and their
relationship to the employee, the reasons for taking such leave and the estimated
length of absence. If it is not practicable for the employee to give prior
notice of absence, the employee shall notify the Department by telephone of
such absence at the first opportunity on the day of absence.
22.2 Unpaid Leave for
Family Purpose -
22.2.1 An employee may
elect, with the consent of the Department, to take unpaid leave for the purpose
of providing care and support to a class of person, as set out in subclause
22.1.3.2, who is ill.
22.3 Annual Leave -
22.3.1 An employee may
elect, with the consent of the Department, subject to the Annual Holidays Act
1944, to take annual leave not exceeding five (5) days in any calendar year at
a time or times agreed upon by the Department and the Union.
22.4 Time Off in Lieu
of Payment for Overtime -
22.4.1 An employee may
elect, with the consent of the Department, to take time off in lieu of payment
for overtime at a time or times agreed upon with the Department within twelve
(12) months of the said election.
22.4.2 Overtime taken as
time off during ordinary-time hours shall be taken at the ordinary-time rate,
that is, an hour for each hour worked.
22.4.3 If having elected
to take time as leave, in accordance with subclause 22.4.1 above, the leave is
not taken for whatever reason, payment for time accrued at overtime rates shall
be made at the expiry of the (twelve) 12 month period or on termination.
22.4.4 Where no election
is made in accordance with subclause 22.4.1, the employee shall be paid their
overtime in accordance with this Award.
22.5 Make-up Time -
22.5.1 An employee may
elect, with the consent of the Department, to work "make-up time",
under which the employee takes time off ordinary hours and works those hours at
a later time during the spread of ordinary hours provided in this Award, at the
ordinary rate of pay.
22.5.2 An employee on
shift work may elect, with the consent of the Department, to work "make-up
time", under which the employee takes time off ordinary hours and works those
hours at a later time, at the shift work rate which would have been applicable
to the hours taken off.
23. Sick Leave
23.1 The management
of sick leave by the Department will be underpinned by an Attendance Management
System that seeks to support employees in maintaining their health and
recovering from illness or incapacity, and ensuring that sick leave is used
only for legitimate purposes.
23.2 In every case of
illness or incapacity sustained by an employee whilst off duty, the following
conditions shall apply.
23.3 Such employee
shall, as soon as practicable, inform their immediate supervisor of such
inability to attend for duty and, as far as possible, shall state the estimated
duration of their absence.
23.4 Subject to the
provisions of subclause 23.8, such employee shall forward to the Department’s
Health and Safety Branch by Electronic Self Service (ESS), a medical
certificate stating the nature of the illness or incapacity and, if known, the
date the employee is fit to resume duty. If a medical certificate does not
specify the date the employee is fit to resume duty, the employee must, before
being entitled to resume duty, forward a further medical certificate to the
effect that the employee has recovered from the illness or incapacity and is
fit for duty, unless the employer dispenses with this requirement. The Health
and Safety Branch shall ensure that personal medical information provided
pursuant to this clause is not disclosed to any employees of the Department
outside of the Health and Safety Branch.
23.5 If so required,
such employee shall submit to examination by the Department's medical officer.
23.6 Every employee
who is absent from duty for a period of more than twenty-eight days shall be
examined by the Department's medical officer or a medical officer nominated by
the Department and must be certified by such medical officer as fit for duty
prior to being permitted to resume duty. An employee who is required to attend
the Department's medical officer or nominated medical officer shall be
reimbursed any out of pocket expenses reasonably and necessarily incurred. The
Department shall meet the cost of any such consultation.
23.7 The granting of
sick leave, the duration thereof and the pay, if any, for the same shall be on
the following basis:
23.7.1 One hundred and
forty-four hours on full pay in any one year.
2.7.2 Effective 17
February 1997, the sick leave prescribed in 23.7.1 shall be fully cumulative
less any sick leave taken.
23.7.3 Sick leave beyond
the scale provided for shall be sick leave without pay.
23.7.4 Sick leave is
intended to be allowed in respect of absences from duty caused by ordinary
illness or incapacity for duty as the result of an illness or injury sustained
whilst off duty. When the incapacity is due to organised sporting activity or
paid work, unconnected with the Department, any sick leave payment shall take
into account any benefit in the nature of sick leave or workers compensation
payments the employee concerned receives from the body organising the sporting
activity or paid work, but to the extent of such benefit, the employee's sick
leave entitlement shall not be affected.
23.7.5 Where payment has
been made for sick leave, under this clause, to an employee whose sick leave
entitlement previously has been exhausted, or whose right to sick leave is not
established, the Department may deduct the amount overpaid from the salary of
the employee concerned in the next pay period or, if such a deduction would
cause hardship, in accordance with the provisions of subclause 6.15 of this
Award.
23.7.6 Recruit
Firefighters shall be eligible for sick leave. However, such employees shall
only be entitled to use up to and including 72 hours of sick leave.
23.7.7 When the incapacity
is due to a cause which would entitle an employee to workers' compensation, the
Department shall pay the difference between the amount of workers' compensation
payment and the ordinary rate of pay of the employee concerned. The employee's
entitlement for sick leave arising from ordinary illness shall not be affected.
23.7.8 The employee shall
prove to the satisfaction of the Department, or, in the event of a dispute, to
the satisfaction of the Industrial Relations Commission, that the employee was
unable, on account of such illness or incapacity, to attend for duty on that
day or days for which sick leave is claimed. Payment shall not be allowed for
such leave until this condition is fulfilled. A medical certificate tendered in
support of such claim shall state the illness or incapacity, and that the
employee was prevented by such illness or incapacity from attending for duty on
the day or days for which sick leave is claimed.
23.8 Employees are
entitled to take unsupported sick leave absences, where no medical certificate
is required, subject to the following provisions:
23.8.1 Such absences may
not exceed 3 separate occasions in any calendar year, where an ‘occasion’ shall
be a shift or part of a shift (or in the case of Executive Officers, 3 separate
days in any calendar year; and
23.8.2 Such absences may
not be taken on consecutive days; and
23.8.3 Such absences may
not be taken on public holidays; and
23.8.4 Such absences may
not be taken in relation to any matter that may be covered by workers’
compensation.
Commitment to Reduction in Sick Leave Levels
23.9 The Parties to
this Award are committed to ensuring a reduction in the cost associated with
sick leave.
23.10 To ensure that
sick leave levels are reduced, the Parties have agreed to implement a policy
for the management of employee absence relating to personal illness and injury.
23.11 It is accepted
that the Attendance Management Policy for Permanent Firefighters will place the
Parties to this Award, including all employees covered by the Award, under an
obligation to effectively manage sick leave in order to achieve the targeted
reduction. To that end, the Parties will
work co-operatively to ensure the implementation and success of the Attendance
Management Policy for Permanent Firefighters.
Review Mechanisms
23.12 During the life of
the Award, the Department and the Union will, at regular intervals, monitor and
review the operation of the Attendance Management Policy for Permanent
Firefighters and the data on reduction in average sick leave levels.
23.13 At each review the
Department and the Union will assess progress against sick leave reduction
targets.
23.14 Subject to clause
23.15, if targets are not being met the Department will, after consultation with
the Union, identify and implement the additional measures required to meet the
targets and will vary the Attendance Management Policy for Permanent
Firefighters accordingly.
23.15 In the event of a
dispute as to a proposed variation, then provided the Union notifies a dispute
within 7 days, the issue as to any proposed variation will be dealt with by the
Industrial Relations Commission and during that process the status quo in
regards to sick leave then applying will operate unless otherwise varied or
altered by the Commission.
Executive Officer entitlements
23.16 Sick Leave on full
pay accumulates at the rate of fifteen (15) days each calendar year, and any
such accrued leave not taken is fully cumulative.
23.17 For the purpose of
subclause 23.16 "service" means continuous service.
24. Special Leave
for Union Activities
24.1 Attendance at
Union Conferences/Meetings
24.1.1 Employees who are
members of the Union and accredited by the Union as a delegate are entitled to
special leave with pay to attend the following:
24.1.1.1 annual
or bi-annual conferences of the Union; and
24.1.1.2 annual
conferences of the United Firefighters Union of Australia; and
24.1.1.3 meetings
of the Union's Executive/Committee of Management; or
24.1.1.4 annual
conference of Unions NSW; or
24.1.1.5 bi-annual
conference of the Australian Council of Trade Unions.
24.1.2 While there is no
limit on special leave for Union activities, such leave is to be kept to a
minimum and is subject to the employee:
24.1.2.1 establishing
accreditation as a delegate with the Union; and
24.1.2.2 providing
sufficient notice of absence to the Department; and
24.1.2.3 lodging
a formal application for special leave.
24.1.3 Such leave is also
subject to the Union:
24.1.3.1 providing
documentary evidence to the Department about an accredited delegate in
sufficient time to enable the Department to make arrangements for performance
of duties; and
24.1.3.2 meeting
all travelling, accommodation and any other costs incurred for the accredited
delegate; and
24.1.3.3 providing
the Department with confirmation of attendance of the accredited delegate.
24.1.4 Providing the
provisions of this clause are satisfied by both the employee and the Union, the
Department shall:
24.1.4.1 release
the accredited delegate for the duration of the conference or meeting;
24.1.4.2 grant
special leave (with pay); and
24.1.4.3 ensure
that the duties of the absent delegate are performed in his/her absence, if
appropriate.
24.1.5 Period of Notice
24.1.5.1 Generally,
dates of conferences or meetings are known well in advance and it is expected
that the Department would be notified as soon as accreditation has been given
to a delegate or at least two weeks before the date of attendance.
24.1.5.2 Where extraordinary
meetings are called at short notice, a shorter period of notice would be
acceptable, provided such notice is given to the Department as soon as advice
of the meeting is received by the accredited delegate.
24.1.6 Travel Time
24.1.6.1.1 Where
a delegate has to travel to Sydney, inter or intra State, to attend a
conference or meeting, special leave will also apply to reasonable travelling
time to and from the venue of the conference or meeting.
24.1.6.1.2 No
compensation is to be provided if travel can be and is undertaken on an
accredited delegate's non-working day or before or after his/her normal hours
of work.
24.1.7 Payment
24.1.7.1 Employees
entitled to special leave in terms of this clause shall, for such special
leave, receive their normal rate of pay. Provided that for the purpose of this
clause "normal rate of pay" will include allowances, except for the
Relieving Allowance set at Item 16 of Table 3 of Part C.
24.1.8 Special leave in
terms of this clause shall count as service for all purposes.
24.1.9 Availability of
Special Leave
24.1.9.1 Special
leave shall not be available to employees whilst they are rostered off duty or
on any period of other leave.
24.2 Attendance at
Courses/Seminars Conducted or Supported by TUEF
24.2.1 Except where
inconsistent with the provisions of subclause 24.2, the provisions of subclause
24.1 of this clause shall also apply for attendance at courses or seminars
conducted or supported by the Trade Union Education Foundation (TUEF).
24.2.2 Up to a maximum of
12 days in any period of two years may be granted to employees who are members
of the Union.
24.2.3 The grant of leave
to attend courses or seminars conducted or supported by TUEF, is subject to the
following conditions:
24.2.3.1 Departmental
operating requirements permit the grant of leave and the absence does not
result in working of overtime by other employees;
24.2.3.2 Expenses
associated with attendance at such courses or seminars, e.g. fares, accommodation,
meal costs, etc., will be required to be met by the employee concerned but,
subject to the maximum prescribed in subclause 24.2.2., special leave may
include travelling time necessarily required during working hours to attend
courses or seminars;
24.2.3.3 Applications
for leave must be accompanied by a statement from the Union that it has
nominated the employee concerned for such a course or seminar and supports the
application.
25. Court
Attendance Entitlements
25.1 The provisions
of this clause shall apply to employees attending Court and related conferences
as a:
25.1.1 result of the
duties performed by the employee in the employee's position with the
Department, including attendance at an incident.
25.1.2 witness for the
Crown but not as a result of the duties performed by the employee in the
employee's position with the Department.
25.1.3 witness in a
private capacity.
25.2 Attendance at
Court as a result of the duties performed by an employee in the employee's
position with the Department, including attendance at an incident.
25.2.1 Such attendance
shall be regarded as attendance in an Official Capacity and uniform must be
worn.
25.2.2 The employee is
entitled to be reimbursed for all expenses reasonably and necessarily incurred
in excess of any reimbursement for expenses paid by the Court. Any such claim
shall be in accordance with Clause 26, Travelling Compensation. Other than as
provided by subclause 25.2, employees are not entitled to claim nor retain any
monies as witness' expenses. Any monies received, other than reimbursement of
expenses actually and necessarily incurred, shall be paid to the Department.
25.2.3 Where the employee
is required to attend while off duty, overtime shall be paid from the time of
arrival at the Court to the time of departure from the Court. Travelling time
shall be compensated in accordance with Clause 26, Travelling Compensation.
Where approval has been given to the employee to use the employee's private
vehicle, employees shall be entitled to receive the appropriate Specified
Journey Rate prescribed at Item 1 of Table 4 of Part C. All public transport
costs, reasonably and necessarily incurred, shall be fully reimbursed.
25.2.4 Where the employee
receives a subpoena or notification of a requirement to attend Court, the
employee must ensure that the Officer-in-Charge is informed of those
commitments immediately. As far as is practicable, employees who are required
to attend Court in an Official Capacity shall do so free from their ordinary
duties and responsibilities.
25.2.5 The following
provisions are to apply to ensure that employees attending Court are given
adequate time free from duty to meet Court commitments:-
25.2.5.1 Day
Shift
Where an employee is rostered to work a day shift arrangements
must be made within the normal protocol for the employee to be relieved whilst
attending Court.
25.2.5.2 Night
Shift
An employee required to attend Court shall not be
rostered for duty on the night shift which ceases on the day of the Court proceedings.
When the employee is released from duty at the Court, and if required to report
for duty that evening, such duty shall not commence until an eight hour break
has been taken, pursuant to subclause 9.9 of Clause 9, Overtime.
25.2.6 Where the employee
is recalled to duty to attend Court while on Annual or Long Service Leave:
25.2.6.1 For
each day or part thereof, such employee may elect to be recredited with a full
days leave or to be paid a minimum of eight hours at the rate of time and one
half (i.e., half time in addition) for the first two hours and double time
(i.e., time in addition) thereafter.
25.2.6.2 Time
worked in excess of eight hours on any recall to duty during annual or long
service leave shall be compensated at the rate of double time. The calculation
of time worked for the purpose of calculating double time shall commence from
the time duty commences at Court until the employee is excused from the Court.
25.2.6.3 Where
the combined period of travelling time and Court attendance is less than or
equal to eight hours, travelling time is included in the minimum payment
prescribed in subclause 25.2.6.1. Where the combined period of Court attendance
and travelling time exceeds eight hours, the excess travelling time shall be
compensated for in terms of Clause 26, Travelling Compensation.
25.2.7 Where an employee
is subpoenaed to attend Court while on Sick Leave it is the responsibility of
the employee to ensure that the circumstances are communicated to the
Court. If the employee is still required
to and does attend Court, the sick leave debited for that period will be
recredited and the entitlement to reimbursement of expenses referred to above
shall apply.
25.2.8 "Stand-By"
25.2.8.1 "Stand-By"
for the purposes of this clause only, means a period when an employee is
required to be immediately available, upon notice, to attend Court.
25.2.8.2 Where
an employee is required to be on stand-by during a shift or, during any period
when the employee is rostered off duty, the employee must, as soon as the
requirement is known, advise his/her Officer-in-Charge.
25.2.8.3 Written
confirmation from the Court of such necessity to be on Stand-By must also be
provided.
25.2.8.4 Where
an employee is rostered off-duty and is on Stand-By, the employee shall be
entitled to be paid the appropriate amounts set at Item 18 of Table 3 of Part
C.
25.3 Where an
Employee Attends Court as a Witness for the Crown but not as a result of the
duties performed by the employee in the employee's position with the Department.
25.3.1 Employees shall be
granted special leave of absence with pay for the period they are necessarily
absent from duty, and shall pay to the Department all monies paid to them as
witnesses, other than monies paid as a reimbursement of out of pocket expenses
incurred by them in consequence of being so subpoenaed.
25.4 Where an
Employee Attends Court in a Private Capacity, (i.e., not subpoenaed by the
Crown).
25.4.1 Employees shall be
granted leave of absence without pay for the period they are necessarily absent
from duty or, if they so desire, may apply for consolidated leave and, in
either case, may retain monies paid to them as witnesses.
26. Travelling
Compensation
26.1 Excess Travelling
Time
When an Operational Firefighter is required to travel
outside their normal hours of duty the Operational Firefighter may apply for
payment for excess time spent travelling, subject to the following:
26.1.1 If the travel is
on a non-working day and is undertaken by direction of the Commissioner or an
authorised officer, the Operational Firefighter is entitled to the benefit of
subclause 26.1.
26.1.2 Where the travel
is on a working day, the excess time spent travelling before the normal
commencing time or after the normal ceasing time, rounded to the lower quarter
hour, shall be counted for the benefit of subclause 26.1.
26.1.3 Payment for excess
travelling time on both a working day and a non-working day shall be at the
Operational Firefighter’s ordinary rate of pay on an hourly basis (calculated
by dividing the "Per Week" rate of pay by 40) subject to a ceiling of
the hourly rate of pay of a Station Officer set at Item 3 of Table 4 of Part C.
26.1.4 Where the
Operational Firefighter has travelled overnight but has been provided with
sleeping facilities, the travelling time shall not include travel between 2300
hours on one day and 0730 hours on the next day.
26.1.5 Travelling time
does not include time spent:
26.1.5.1. travelling
on permanent transfer where the transfer involves promotion with increased
salary; or as a consequence of a breach of discipline by the employee; or is at
the employee's request; or is under an arrangement between employees to
exchange positions;
26.1.5.2 travelling
by ship on which meals and accommodation are provided; or
26.1.5.3 taking
a meal when the employee stops a journey to take the meal.
26.1.6 Travelling time
shall be calculated by reference to the use of the most practical and economic
means of transport.
26.1.7 Payment will not
be made or allowed for more than eight (8) hours in any period of twenty four
(24) hours.
26.2 Waiting Time
When an Operational Firefighter qualifies for the
benefit of Excess Travelling Time, necessary waiting time is to be counted as
Travelling Time calculated as follows:
26.2.1 Where there is no
overnight stay with accommodation at a centre away from the employee's
residence or normal work location, one hour shall be deducted from:
26.2.1.1 the
time between arrival at the centre and the commencement of duty; and
26.2.1.2 the
time between ceasing duty and the time of departure from the centre.
26.2.2 Where overnight
accommodation is provided, any time from arrival until departure shall not
count as waiting time except as follows:
26.2.2.1 if duty
is performed on the day of arrival, the time less one hour between arrival and
the commencement of duty; and
26.2.2.2 if duty
is performed on the day of departure, the time less one hour from the
completion of duty to departure; or
26.2.2.3 if no
duty is performed on day of departure the time after 0830 hours until
departure.
26.3 Meal Allowances
26.3.1 When an employee
is required to perform official duty at a temporary work location and is not
required to reside away from home (a one day journey), the employee shall be
eligible to be paid the following meal allowances subject to the following
conditions:
26.3.1.1 For
breakfast when required to commence travel at/or before 0600 hours and at least
one and a half hours before the normal commencing time, the amount set at Item
4 of Table 4 of Part C.
26.3.1.2 For
lunch when, by reason of the journey, an employee is unable to take lunch at
the place or in the manner in which the employee ordinarily takes lunch and is put
to additional expense, the amount set at Item 5 of Table 4 of Part C or an
amount equivalent to the additional expense, whichever is the lesser.
26.3.1.3 For an
evening meal when required to work or travel until or beyond 1830 hours and at
least one and a half hours after the ordinary ceasing time, an amount set at
Item 6 of Table 4 of Part C.
26.3.1.4 Meal
Allowances shall not be paid where the employee is provided with an adequate
meal.
26.4 Accommodation
Allowances
When an employee is required to perform official duty
at a temporary work location which requires the employee to reside away from
home and the employee is not provided with accommodation by the Government, the
employee shall be eligible to be paid the following accommodation (sustenance)
allowances subject to the conditions set out below:
26.4.1. For
the first 35 calendar days, the appropriate amounts set at Item 7 of Table 4 of
Part C; or
26.4.2 The
actual necessary expenses for meals and accommodation (actuals), together with
incidental expenses as appropriate, set at Item 8 of Table 4 of Part C. The
necessary expenses do not include morning and afternoon tea.
26.4.3 After
the first 35 calendar days and for up to six months an employee shall be paid
an allowance at the rate set at Item 9 of Table 4 of Part C provided the
allowance paid to an employee, temporarily located in Broken Hill, shall be
increased by 20%. The allowance is not payable in respect of:
26.4.3.1 Any
period during which the employee returns home on weekends or public holidays
commencing with the time of arrival at the residence and ending at the time of
departure from the residence; or
26.4.3.2 Any
other period during which the employee is absent from the temporary work
location (including leave) otherwise than on official duty, unless approved by
the Commissioner.
26.4.4 The capital city
rate shall apply to Sydney as bounded by the GSA.
26.4.5
26.4.5.1 Where
an employee proceeds directly to a temporary work location in a Capital city
and returns direct, the Capital city rate applies to the whole absence.
26.4.5.2 Where
an employee breaks the journey, other than for a meal, in a centre that is not
a capital city, the capital city rate applies only in respect of the time spent
in the capital city, the elsewhere rate applies to the remainder of the
absence.
26.5 Incidental
Expenses Allowances - Government Provided Accommodation
When an employee is required to perform official duty
at a temporary work location which requires that the employee reside away from home
and is provided with accommodation by the Government, the employee shall be
eligible to be reimbursed expenses properly and reasonably incurred during the
time actually spent away from the employee's residence in order to perform that
duty and in addition be paid an allowance at the rate set at Item 10 of Table
4, of Part C as appropriate. Such expenses are limited to costs in relation to
food, laundry and accommodation that exceed what would normally have been
incurred at home. Any meal taken at a Government establishment is to be paid
for and appropriate reimbursement sought.
26.6 Additional
Provisions
26.6.1 Unless
specifically provided for in Clause 12, Relieving Provisions, Clause 16,
Training Course Attendance Entitlements or Clause 25, Court Attendance
Entitlements, the provisions of this clause shall not apply in the
circumstances provided for by those clauses. Nor do they apply to Recruits
undertaking College training.
26.6.2 When an employee
is required to travel to a temporary work location or to attend a training
course or conference on what would normally be regarded as a one day journey
and the time of travel will exceed four hours on any one day in addition to the
normal hours of work, the employee may be directed or may request that the
employee reside temporarily at a place other than the employee's residence to
avoid such travel time on any day and in such case shall be entitled to the
accommodation allowances as appropriate.
26.6.3 The claim for an
accommodation allowance or reimbursement of expenses shall be for the whole of
the period of absence and cannot be dissected into part of the time of the
absence by way of allowance and part of the absence being compensated by
reimbursement.
26.6.4 When an employee
in receipt of an accommodation allowance is granted special leave to return
home from a temporary work location, the employee shall be reimbursed for the
cost of the return rail fare or if a first class rail service is reasonably
available, the cost of a first class return rail fare, or a motor vehicle
allowance at the appropriate specified journey rate set at Item 1 of Table 4 of
Part C to the value of the rail fares. No taxi fares or other incidental
expenses are payable.
26.6.5 An employee shall
be entitled to the option of using public transport or reimbursement for the
use of the employee's private vehicle on the following basis:
26.6.5.1 Reimbursement
is not to be paid for a journey if an official motor vehicle is available for
the journey.
26.6.5.2 If an
official motor vehicle was not available but public transport was reasonably
available for the journey, the amount of any reimbursement is not to exceed the
cost of the journey by public transport.
26.6.5.3 Where
the employee elects to use a private vehicle the employee shall be reimbursed
at the specified journey rate prescribed from time to time or the cost of
public transport, whichever, unless the Commissioner approves otherwise, is the
lesser.
26.6.5.4 Where
an official motor vehicle is not available, and public transport was not
reasonably available for the journey, if the employee agrees to use the
employee's private vehicle, reimbursement shall be at the appropriate Official
Business rate set at Item 11 of Table 4 of Part C.
26.6.5.5 Where
the meal allowance or the accommodation allowance is insufficient to adequately
reimburse the employee for expenses properly and reasonably incurred, a further
amount may be paid so as to reimburse the employee for the additional expenses
incurred subject to the following:
26.6.5.5.1 The
Commissioner may require the production of receipts or other proof that
expenditure was incurred.
26.6.5.5.2 If any
expense in respect of which an allowance is payable was not properly and reasonably
incurred by the employee in the performance of official duties, payment of the
allowance may be refused or the amount of the allowance may be reduced.
26.6.5.5.3 If any
purported expense was not incurred by the employee, payment of the allowance
may be refused or the amount of the allowance may be reduced.
26.6.5.6 The
Commissioner is to consider the convenience of the employee when an employee is
required to travel to a temporary work location.
26.6.5.7 Unless
special circumstances exist, the employee's work, the mode of transport used
and the employee's travel itineraries are to be organised and approved in
advance so that compensation for excess travel time and payment of allowances
is reasonably minimised.
26.7 Claims
Claims should be submitted promptly, i.e., within one
month from the completion of the work or within such time as the Commissioner
determines.
26.7.1 The Commissioner
may approve applications for advance payments of travelling and sustenance
allowances. Such applications should detail the appropriate expenditure
anticipated and be in accordance with In Orders 1982/34.
26.7.2 In assessing
claims for excess travelling time and payment of allowances reference should be
made to the time that might reasonably have been taken by the particular mode
of transport used. Provided that where an employee can demonstrate that the use
of the means of transport proposed by the Department is unreasonable in the
circumstances, the employee may apply to the Commissioner for a review of the Department's
decision. Where an employee does not wish to use the means of transport
proposed by the Department e.g. air travel as against train or car travel,
travelling time and allowances should be assessed on the basis that the most
practical and economical means of transport is used.
26.7.3 Where an allowance
is payable at a daily rate and a claim is made for a portion of the day, the
amount to be paid is to be calculated to the nearest half hour.
26.8
26.8.1 The meal,
accommodation and incidental allowances in Items 4 to 10 of Table 4 of Part C,
shall be adjusted on 1 July in line with the corresponding reasonable allowance
amounts for the appropriate financial year as published by the Australian
Taxation Office (ATO).
26.8.2 The per kilometre
rates in Items 1 & 11 of Table 4 of Part C, shall be adjusted on 1 July
each year in line with the increases in the Consumer Price Index for Sydney
during the preceding year (March quarter figures).
27. Notice of
Transfer
27.1 When an employee
is to be transferred to work at a new location and/or to a different platoon,
the Commissioner shall give the employee the following notice -
27.1.1 Seven (7) days
notice when the transfer is within the same fire district or within the GSA and
on the same platoon,
27.1.2 Fourteen (14) days
notice when the transfer is within the same fire district or within the GSA but
to a different platoon,
27.1.3 Twenty eight (28)
days notice when the transfer is outside the GSA or the employee's current fire
district, and such notice shall be confirmed in writing.
27.2 An employee may
elect to waive, in whole or in part, the notice requirements of subclause 27.1.
28. Transfers
Outside of the GSA
This Clause prescribes the transfer arrangements which shall
apply in the case of all Operational Firefighter vacancies which arise outside
of the GSA on and from 1 May 2006.
28.1 Transfer
Register Applications
28.1.1 Applications for
placement on any Transfer Register shall be made by way of report to the
Manager Operational Personnel. Such reports shall clearly state the Transfer
Register on which the employee seeks to be placed, the employee’s current
classification, the employee’s current address and whether or not the employee
is claiming residential priority pursuant to subclause 28.4.
28.1.2 With the exception
of Recruit Firefighters, all Non-Officers 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 be entitled to apply for placement on any Officer Transfer
Register but shall not be entitled to a transfer as a consequence of that
placement unless and until such time as they have been promoted to Station
Officer rank. Similarly, Leading Station
Officers shall be entitled to apply for placement on any Senior Officer
Transfer Register but shall not be entitled to a transfer as a consequence of
that placement unless and until such time as they have been promoted to
Inspector rank.
28.1.5 The Manager Operational
Personnel shall acknowledge receipt of all applications within 14 days of the
day upon which they are received. This receipt shall confirm the employee’s
service number, name, date of application, Transfer Register for which the
employee has applied and, if applicable, whether or not the employee’s claim
for residential priority has been accepted. Applications for placement on a
Transfer Register shall only be valid upon the issuing of this receipt, which
shall serve as proof of an employee’s application.
28.1.6 Employees may be
removed from a Transfer Register by submitting a further report to that effect
to the Manager Operational Personnel, who shall in turn issue a receipt as
proof of that withdrawal.
28.2 Transfer
Registers
28.2.1 Country Transfer
Registers:
Transfer Register
|
Local Government
Area
|
Albury
|
Albury City Council
|
Armidale
|
Armidale City Council
|
Batemans Bay
|
Eurobodalla Shire 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
|
Moree
|
Moree Plains Shire Council
|
Nowra
|
Shoalhaven City Council
|
Orange
|
Orange City Council
|
Port Macquarie
|
Hastings Council
|
Queanbeyan
|
Queanbeyan City Council
|
Tamworth
|
Tamworth City Council
|
Wagga Wagga
|
Wagga Wagga City Council
|
28.2.2 Regional Transfer
Registers:
Transfer Register
|
Local Government
Area
|
Blue Mountains
|
Blue Mountains City Council
|
Central Coast
|
Gosford City Council and Wyong Shire Council
|
Illawarra
|
Wollongong City Council and Shellharbour City Council
|
Maitland
|
Cessnock City Council, Maitland City Council and
Port Stephens Council
|
Newcastle
|
Lake Macquarie City Council and Newcastle City Council
|
Northern Rivers
|
Tweed Shire Council, Lismore City Council,
Byron Shire Council and Ballina Shire Council
|
28.2.3 The parties agree
that where permanent firefighters are to be introduced in an area outside the
GSA for which no Transfer Register exists, a new Transfer Register will be
established. Where a new transfer register is to be established, the Department
shall advertise the establishment of that register and invite initial applications
for a period of six weeks. Any applications received within the six week period
shall be deemed to have been received on the date of creation of the register
and placed on that register in accordance with the following provisions:
28.2.3.1 Notwithstanding
the provisions of subclause 28.4.2, an applicant who satisfies the provisions
of subclause 28.4.3 and has done so for a period of 2 or more consecutive years
leading up to the date of creation of a Transfer Register shall be placed at
the top of that Residential Transfer Register. Where more than one applicant
satisfies this provision, placement on that Residential Transfer Register shall
be determined by a ballot conducted by the Manager Operational Personnel; and
28.2.3.2 Applicants
who are unable to satisfy the provisions of subclause 28.2.3.1 shall be placed
at the top of the relevant General Transfer Register. Where more than one such
application is received, the order of placement shall be determined by way of a
ballot conducted by the Manager Operational Personnel.
28.3 Operation of
Transfer Registers
28.3.1 The Department
shall establish and maintain a General Transfer Register and a Residential
Transfer Register for each category of Operational Firefighter employees as
follows:
28.3.1.1 in the
case of Non-Officers, for each of the Country Transfer Register areas and
Regional Transfer Register areas listed at subclauses 28.2.1 and 28.2.2;
28.3.1.2 in the
case of Officers, for each of the Regional Transfer Register areas listed at
subclause 28.2.2; and
28.3.1.3 in the
case of Senior Officers, for each of the Regional Transfer Register areas
listed at subclause 28.2.2. Provided that there shall not be a Blue Mountains
Regional Transfer Register, a Maitland Transfer Register or a Northern Rivers
Regional Transfer Register for Senior Officers, and that vacancies which occur
within those areas shall be filled in accordance with subclause 28.7.
28.3.2
28.3.2.1 Each
General Transfer Register shall detail each applicant’s employee service number,
their name, the date of their original application for transfer and, if
applicable, the date their application for residential priority status was
accepted, the date they were elevated to that area’s Residential Transfer
Register and/or the date of their eventual transfer to the area in question.
28.3.2.2 Each
Residential Transfer Register shall detail each applicant’s employee service
number, their name, the date of their original application for transfer, the
date their application for residential priority status was accepted, the date
they were elevated to that area’s Residential Transfer Register and, if
applicable, the date of their eventual transfer to the area in question.
28.3.3 The order of
placement of each employee upon each Transfer Register shall be determined:
28.3.3.1 in the
case of General Transfer Registers, by order of the date upon which the
employee made application for placement upon that Transfer Register. Where more
than one application for the same Transfer Register is submitted on the same
day, the Manager Operational Personnel shall determine the order of placement
of those multiple applicants by way of ballot; and
28.3.3.2 in the
case of Residential Transfer Registers, by order of the date upon which the
employee was elevated to that Residential Transfer Register. Subject to the
provisions of 28.4.3, 28.4.7.1 and 28.4.7.2, an employee’s elevation to a
Residential Transfer Register shall be subject to: firstly, the employee having
held a position on the relevant General Transfer Register for at least two
years; and secondly, the employee having been recognised as having met and
maintained residential priority status for that Transfer Register’s area for at
least two years.
28.3.4 Subject to the
arrangements applying to Leading Firefighters and Leading Station Officers at
subclauses 28.1.4 and 28.3.5, transfers shall be offered to employees upon the
occurrence of a vacancy in the following order:
28.3.4.1 Firstly,
by reference to the relevant Residential Transfer Register, with the first
offer to be made to the highest placed employee on that Register and, if
declined, to the next highest placed employee and so on until such time as the
vacancy is filled.
28.3.4.2 In the
event that no employee exists on the relevant Residential Transfer Register, or
that all employees on that Residential Transfer Register decline the offer of
transfer, the vacancy shall then be offered to all employees on the relevant
General Transfer Register, with the first offer to be made to the highest placed
employee on that Register and, if declined, to the next highest placed employee
and so on until such time as the vacancy is filled.
28.3.4.3 In the
event that no employee exists on the relevant General Transfer Register and/or
all employees on that General Transfer Register decline the offer of transfer,
the vacancy shall then be advertised for and open to all eligible employees.
28.3.5 An employee who
accepts an offer of transfer pursuant to subclause 28.3.4 shall be released from
their current position within twenty eight (28) days and transferred to that
Transfer Register area. Declining an offer of transfer shall result in an
employee’s removal from the relevant Transfer Register. Employees who are so
removed and who subsequently re-apply for placement on that Transfer Register
will be required pursuant to subclause 28.4.6 to seek and hold residential
priority for two years following their re-application in order to be elevated
to that Residential Transfer Register.
28.3.6 The Department
shall make available copies of all Transfer Registers to employees in the
manner agreed between the Department and the Union.
28.4 Residential
Priority
28.4.1 All employees
seeking residential priority for any Transfer Register area shall be required
to submit a report to the Manager Operational Personnel setting out the grounds
for their claim. Such employees shall be required to provide evidence of their
claim for primary residence prior to being placed on the Transfer Register with
Statutory Declarations, electoral enrolment forms, rates notices, bills and/or
such other documentation or evidence which it would be reasonable for the
Department to request of the employee in order to verify their claim. Vacant blocks of land, Post Office boxes,
investment properties, holiday homes or the addresses of relatives or friends,
when in fact the employee has primarily resided elsewhere, shall therefore be
unacceptable. This report may be either the same report as that of the
employee’s original application made pursuant to subclause 28.1.1, or a
subsequent report which is submitted due to an employee’s transfer or a change
of primary residence.
28.4.2 An employee shall
not be entitled to recognition of residential priority on any Transfer Register
prior to the date of their report making application for that recognition
pursuant to subclause 28.4.1.
28.4.3 In order to
recognise an employee’s claim for residential priority for a particular
Transfer Register, the Manager Operational Personnel must first be satisfied
that the primary residence in question is located either:
28.4.3.1 within
the Transfer Register area in question, or
28.4.3.2 in such
a location that any permanently staffed fire station within the Transfer
Register area for which the applicant is claiming residential priority is
closer to their primary residence than any permanently staffed fire station
within the GSA or Transfer Register area, as the case may be, to which the
applicant is currently attached. For the purposes of this subclause, distances
shall be determined by drawing a straight line between both locations and
calculating that distance, i.e. in a straight line.
28.4.4 Employees holding
residential priority status on any Transfer Register will be removed from that
Transfer Register if they fail to submit a further report pursuant to subclause
28.4.1 within three months of their:
28.4.4.1 change
in the location of their primary residence, even where the change did not
affect the employee's residential priority status; or
28.4.4.2 transfer
from the GSA to a Country or Regional Transfer Register area; or
28.4.4.3 transfer
from one Country or Regional Transfer Register area to another Country or
Regional Transfer Register area.
28.4.5 The Manager
Operational Personnel shall acknowledge and review all reports submitted
pursuant to subclause 28.4.4. If an employee’s transfer or revised primary
residence location means that the employee no longer satisfies the residential
priority requirements of subclause 28.4.3, then the employee’s records upon the
relevant Transfer Register(s) shall be adjusted accordingly. It shall remain
the responsibility of employees to apply for any additional residential
priority status which may arise as a result of their transfer or revised
primary residence.
28.4.6 Subject to the
provisions of subclause 28.4.7, an employee who has held and continually
maintained residential priority status upon a General Transfer Register for two
years shall then be elevated to the relevant Residential Transfer Register in
accordance with subclause 28.3.3.2. Provided that employees who are elevated to
a Residential Transfer Register and who are later found to no longer meet the
criteria for residential priority shall be returned to and placed upon the
relevant General Transfer Register by order of the date of their original
application.
28.4.7 In the case of
Senior Firefighters who are progressed to Leading Firefighter:
28.4.7.1 if
stationed within a Regional Transfer Register area at the time of their progression
then such employees who make application pursuant to subclause 28.1 within
three months of the date of their progression shall be placed on the
corresponding Residential Transfer Register for Officers as of the date of that
progression;
28.4.7.2 if
holding a position on a Regional area’s Residential Transfer Register for
Firefighters at the time of their progression then such employees shall be
entitled within three months of the date of their progression to submit a
further report pursuant to subclause 28.1, following which they shall also be
placed on the corresponding Residential Transfer Register for Officers as of
the date of that progression;
28.4.7.3 if
holding a position on a Regional area’s General Transfer Register for
Firefighters at the time of their progression, and holding residential priority
status for that area, then such employees shall be entitled within three months
of the date of their progression to submit a further report pursuant to
subclause 28.1, following which they shall also be placed on the corresponding
General Transfer Register for Officers as of the date of that progression and
recognised for the purposes of subclause 28.4.6 for that period of residential
qualification already accrued.
28.4.7.4 if
holding a position on a Regional area’s General Transfer Register for
Firefighters at the time of their progression, but without holding residential
priority status for that area, then such employees shall be entitled within
three months of the date of their progression to submit a further report
pursuant to subclause 28.1, following which they shall also be placed on the
corresponding General Transfer Register for Officers as of the date of that
progression.
28.4.8 In the case of
Station Officers who are progressed to Leading Station Officer:
28.4.8.1 if
stationed within a Regional Transfer Register area at the time of their
progression then subject to subclause 28.3.1.3, such employees who make
application pursuant to subclause 28.1 within three months of the date of their
progression shall be placed on the corresponding Residential Transfer Register
for Senior Officers as of the date of that progression;
28.4.8.2 if
holding a position on a Regional area’s Residential Transfer Register for
Officers at the time of their progression then subject to subclause 28.3.1.3,
such employees shall be entitled within three months of the date of their
progression to submit a further report pursuant to subclause 28.1, following
which they shall also be placed on the corresponding Residential Transfer
Register for Senior Officers as of the date of that progression;
28.4.8.3 if
holding a position on a Regional area’s General Transfer Register for Officers
at the time of their progression, and holding residential priority status for
that area, then subject to subclause 28.3.1.3, such employees shall be entitled
within three months of the date of their progression to submit a further report
pursuant to subclause 28.1, following which they shall also be placed on the
corresponding General Transfer Register for Senior Officers as of the date of
that progression and recognised for the purposes of subclause 28.4.6 for that
period of residential qualification already accrued;
28.4.8.4 if
holding a position on a Regional area’s General Transfer Register for Officers
at the time of their progression, but without holding residential priority
status for that area, then subject to subclause 28.3.1.3, such employees shall
be entitled within three months of the date of their progression to submit a further
report pursuant to subclause 28.1, following which they shall also be placed on
the corresponding General Transfer Register for Senior Officers as of the date
of that progression.
28.4.9 Employees who are
stationed within a Transfer Register area at the time of their appointment to
an Operational Support position and who make application pursuant to subclause
28.1 within three months of the date of their appointment shall be placed on
that area’s Residential Transfer Register as of the date of that appointment.
28.4.10 Subject
to subclauses 14.14.2, 14.15.2 and 28.7, employees who are promoted to either
Station Officer or Inspector and who are not stationed within the GSA at the
time of their promotion shall be transferred to and remain within the GSA until
such time as they are again transferred outside of the GSA in accordance with
the other provisions of this Clause.
28.5 Appeals
concerning Residential Priority
28.5.1 An employee
seeking to challenge either the Department’s determination of their residential
priority status, or the Department’s determination of the residential priority
status of another employee may appeal in the first instance by way of report to
the Assistant Director Operational Personnel. Such reports shall provide all
relevant details and may be supported by any documentation or evidence which
the employee considers relevant to their claim. An anonymous appeal against an
employee shall not be investigated.
28.5.2 Where an appeal concerns
the employee’s own residential status, the Assistant Director Operational
Personnel shall provide the employee with a written determination of that
appeal, setting out the reasons for same, within 14 days of receipt of the
employee’s report.
28.5.3 Where an appeal
concerns the residential status of another employee, the Assistant Director
Operational Personnel shall forward a copy of the said report to the employee
who is the subject of the challenge. The employee under challenge shall be
allowed no less than 28 days to reply by way of report to the Assistant
Director Operational Personnel who shall thereafter provide both employees with
a written determination of the appeal, setting out the reasons for same, within
14 days of receipt of the second employee’s report.
28.5.4 An employee may
appeal a determination of the Assistant Director Operational Personnel by way
of report to the Commissioner. The Commissioner shall consider all previous
reports and documentation relating to the matter, together with any additional
information which the employee or employees concerned may supply, following
which the Commissioner shall provide the employee or employees concerned with a
written and final determination of the matter.
28.6 Newcastle
Communication Centre
28.6.1 Vacancies in the
Newcastle Communication Centre shall initially be advertised in Commissioner's
Orders and open to all eligible employees (Non-Officers or Officers, as the
case may be) who are stationed within the Newcastle Transfer Register area.
Where there are more applicants than positions available, merit selection shall
determine the successful applicant.
28.6.2 In the event that
no suitable applications are received at subclause 28.6.1, or that the merit
selection process finds those who did apply unsuitable, the vacancy shall then
be re-advertised in Commissioner's Orders and open to all eligible employees.
28.6.3 Successful
applicants will be required to successfully complete the required training, and
on appointment, to serve in the Newcastle Communication Centre for a minimum
period of three years. Provided that if the transfer is made in accordance with
subclause 28.6.2 then:
28.6.3.1 an
employee who accepts an offer of transfer in the interim will be released
pursuant to subclause 28.3.5; and
28.6.3.2 any
subsequent transfer from the Newcastle Communication Centre will be to the GSA
unless provided otherwise by this Clause.
28.7 Country
Officers, Country Senior Officers and Operational Support Staff
28.7.1 Vacancies which
occur amongst any of the positions listed at subclauses 28.7.2, 28.7.3 and
28.7.4 shall be advertised though Commissioner’s Orders and filled by merit
selection.
28.7.2 Country Officers
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, for which the following
employees shall be eligible to apply:
28.7.2.1.1 Station
Officers;
28.7.2.1.2 Leading
Station Officers;
28.7.2.1.3 Leading
Firefighters; and
28.7.2.1.4 Senior
Firefighters with at least 36 months service with Fire and Rescue NSW as a
Senior Firefighter who have been accepted
onto the Leading Firefighter Program pursuant to subclause 13.7.3 but
who are yet to satisfactorily complete the Program.
28.7.2.2 In the
event that no employees apply for a Country Officer position at subclause
28.7.2.1, or that the merit selection process finds those who did apply
unsuitable for the Country Officer position in question, the vacancy shall be
readvertised through Commissioner's Orders and filled by merit selection from
all remaining Senior Firefighters with at least 36 months service with Fire and
Rescue NSW as a Senior Firefighter as of the closing date for applications.
28.7.2.3 A
Senior Firefighter who successfully applies for a Country Officer vacancy
pursuant to subclause 28.7.2.1 or 28.7.2.2 shall be required to satisfactorily
complete the Leading Firefighter Program prior to their transfer to the
station/location and performance of the duties of the vacant Country Officer
position pursuant to subclause 7.5.2, provided that a Senior Firefighter who
successfully applies for a Country Officer vacancy pursuant to subclause
28.7.2.2 and who then satisfactorily completes the Leading Firefighter Program
shall not be progressed to Leading Firefighter and/or promoted to Station
Officer until they also satisfactorily complete the Station Officer Program.
28.7.3 Country Senior
Officers
28.7.3.1 Country
Senior Officers, being all Inspector positions located outside the GSA and the
Newcastle, Central Coast and Illawarra Transfer Register areas, for which the
following employees shall be eligible to apply:
28.7.3.1.1 Inspectors;
28.7.3.1.2 Leading
Station Officers; and
28.7.3.1.3 Station
Officers with at least 24 months service with Fire and Rescue NSW as a Station
Officer and who have been accepted onto the to Leading Station Officer Program
pursuant to subclause 13.9.3 but who are yet to satisfactorily complete the
Program.
28.7.3.2 In the
event that no Inspectors or Leading Station Officers apply for a Country Senior
Officer position at subclause 28.7.3.1, or that the merit selection process
finds those who did apply unsuitable for the Country Senior Officer position in
question, the vacancy shall be readvertised through Commissioner's Orders and
filled by merit selection from all remaining Station Officers with at least 24
months service with Fire and Rescue NSW as a Station Officer as of the closing
date for applications.
28.7.3.3 A
Station Officer who successfully applies for a Country Senior Officer vacancy
pursuant to subclause 28.7.3.1 or 28.7.3.2 shall be required to satisfactorily
complete the Leading Station Officer Program prior to their transfer to the
station/location and performance of the duties of the vacant Country Senior
Officer position pursuant to subclause 7.5.3, provided that a Station Officer
who successfully applies for a Country Senior Officer vacancy pursuant to
subclause 28.7.3.2 and who then satisfactorily completes the Leading Station
Officer Program shall not be progressed to Leading Station Officer and/or
promoted to Inspector until they also satisfactorily complete the Inspector
Program.
28.7.4 Operational
Support staff
28.7.4.1 Operational
Support staff, being all positions defined as such by Clause 14 of this Award.
28.7.4.2 In the
event that no Inspectors, Leading Station Officers or eligible Station Officers
(as defined by subclause 14.12) apply for an Operational Support Inspector position,
or that the merit selection process finds those who did apply unsuitable for
the Operational Support Inspector position in question, the vacancy shall be
readvertised through Commissioner's Orders and filled by merit selection from
Station Officers with at least 24 months service with Fire and Rescue NSW as a
Station Officer as of the closing date for applications.
28.7.4.3 A
Station Officer who successfully applies for an Operational Support Inspector
vacancy pursuant to subclause 28.7.4.1 or 28.7.4.2 shall be required to
satisfactorily complete the Leading Station Officer Program prior to their
transfer to and performance of the duties of the vacant Operational Support
Inspector position pursuant to subclause 7.5.4, provided that a Station Officer
who successfully applies for an Operational Support Inspector vacancy pursuant
to subclause 28.7.4.2 and who then satisfactorily completes the Leading Station
Officer Program shall not be progressed to Leading Station Officer and/or
promoted to Inspector until they also satisfactorily complete the Inspector
Program.
29. Transferred
Employee's Compensation
29.1 When an employee
has been given notice of transfer to work in a new location and the
Commissioner requires that the employee move to new accommodation, and the
transfer is not subject to the exceptions set out below, the employee shall be
eligible for leave or credit of leave, reimbursement of costs, and to be paid
allowances set out herein.
29.2 Exceptions
29.2.1 Unless special and
exceptional circumstances exist, the exceptions exclude from the benefit of
this clause employees who are transferred:
at their own request;
under an arrangement between employees to exchange
positions;
on account of the employee's breach of discipline;
from one station/location within the Metropolitan Area
to another station/location within the Metropolitan Area, or within the same
Zone.
29.2.2 For purposes of
this clause, Metropolitan Area means and includes the Sydney Region as defined
by the Department of Planning but also including the area referred to as the
Central Coast on the Northern Line as far as Gosford, the area on the Western
Line as far as Mt. Victoria and on the Illawarra Line as far as Wollongong.
29.2.3 Employees who are
transferred as a result of inclusion in a transfer list established in
accordance with Clause 28 of this Award shall, for the purposes of this Clause,
be deemed to have been transferred "at their own request" and shall
not be eligible for the entitlements set out in this Clause.
29.2.4 Notwithstanding
the provisions of subclause 29.2.1, employees who are transferred by way of a
merit selection process, including employees promoted to a rank that
necessitates a transfer, shall attract the relevant entitlements of this
Clause.
29.2.5 Notwithstanding
the provisions of subclause 29.2.1, employees who received compensation for
transferring to a particular station/location shall, after a period of not less
than 2 years service at that location, be entitled to the provisions of this
Clause upon transfer to the GSA.
29.3 This clause does
not alter the transfer procedures, as at the date of making of this Award, set
out in Standing Orders. Any variation to those procedures shall be by agreement
between the Department and Union.
29.4 Leave
When an employee has been given notice of transfer and
is required to move to new accommodation the employee shall be eligible for
leave and/or to apply for payment at the ordinary rate of pay in lieu of the
granting of leave or the Commissioner may credit such leave as consolidated
leave as follows to a maximum of:
29.4.1 Sixteen (16)
working hours to visit the new location with a view to obtaining accommodation,
29.4.2 Sixteen (16)
working hours to prepare and pack personal and household effects prior to
removal or for the purpose of arranging storage,
29.4.3 Such leave as is
necessary to travel to the new location for the purposes of obtaining suitable
accommodation and/or to commence duty,
29.4.4 Eight (8) hours
for the combined purpose of cleaning the premises being vacated and/or
occupying and settling into the new premises.
Where an employee is eligible for, and takes leave, for
part of a shift the Commissioner may direct the employee to take consolidated
leave to credit for the remainder of the shift and if the employee does not
have sufficient leave to credit, the shortfall may be taken as an advance
against consolidated leave that may accrue or as leave without pay.
29.4.5 Provided suitable
arrangements can be made for a performance of duties, an employee working a
special roster who has been unable to secure accommodation for the family at
the new location is entitled to sufficient special leave to permit a return
home on weekends once each month to spend two consecutive days and nights with
the family, together with an additional day and night in respect of each public
holiday occurring in conjunction with the weekend and on which the employee
would not normally be rostered for duty. This leave is limited to the time
necessarily required in travelling on the day preceding and the day following
such weekend.
29.4.6 Where a
transferred employee working a special roster is located in a district where a
return home once each month is not possible, such employee, after four weeks at
the new location, will be entitled to sufficient leave to allow the transferred
employee two consecutive days and nights at a weekend with the family.
Following that four weeks, the employee will be allowed to accumulate special
leave at the rate of sixteen (16) working hours per month until sufficient
leave is available to allow the return home at a weekend for a similar period.
29.4.7 Special Roster is
the roster specified at subclause 8.6 of this Award.
29.5 Cost of
Temporary Accommodation
For the purposes of this subclause, temporary
accommodation does not include a house or a flat, whether owned by the
Government or privately owned, but relates to what is commonly termed board and
lodging.
29.5.1 Transferred
employees maintaining dependant relatives at home who are required to vacate
the existing residence prior to departure for the new location and/or who find
it necessary to secure board and lodging for themselves and dependant relatives
at the new location pending permanent accommodation (a residence) becoming
available shall be allowed up to the amount set at Item 12 of Table 4 of Part
C, per week calculated as the actual cost of the temporary accommodation less
an excess contribution calculated as per the following table:
Salary of Officer
and Spouse
|
Per Week
|
Each dependent
child aged 6 years and over
|
Rate of Pay
|
|
(maximum
contribution of $54 per week)
|
|
|
Per Week
|
$453.62
|
$164
|
$11
|
29.5.2 Where a
transferred employee maintaining dependant relatives moves to the new location ahead
of dependants, and permanent accommodation is not available, necessary board
and lodging expenses in excess of the amount set at Item 13 of Table 4 of Part
C, per week to a maximum allowance of the amount set at Item 12 of Table 4 of
Part C, per week shall be payable.
29.5.3 Where a
transferred employee not maintaining dependant relatives in the home is unable
to secure permanent accommodation at the new location, the employee is to be
paid an allowance of up to 50% of the total cost of board and lodging for a
maximum period of four (4) weeks subject to a maximum the amount set at Item 12
of Table 4 of Part C, per week. Where the period of four (4) weeks is not
sufficient for the employee to find suitable permanent accommodation, full
particulars should be provided to allow the DPE to consider the extension of
this provision.
29.5.4 An employee
receiving an allowance for temporary accommodation as set out above is entitled
to a laundry (not dry cleaning) allowance as set out at:
29.5.4.1 Item 14
of Table 4 of Part C, per week if the employee only is in temporary
accommodation;
29.5.4.2 Actual
expenses to a maximum as set at Item 15 of Table 4 of Part C, per week if the
employee and dependants are in temporary accommodation.
29.5.5 Where an employee,
together with dependants are in temporary accommodation the allowances may be
paid until either
29.5.5.1 a
suitable residence becomes available; or
29.5.5.2 up to
twenty six (26) weeks if the transfer is to the country; or
29.5.5.3 up to
thirteen (13) weeks if the transfer is to the Sydney Metropolitan Area,
whichever is the sooner. The payment of allowances in
all cases is subject to:
29.5.5.4 the
production of receipts;
29.5.5.5 a
written undertaking that any reasonable offer of accommodation will be
accepted;
29.5.5.6 evidence
that the employee is taking all reasonable steps to secure a residence.
When the Commissioner considers that a transferred
employee has refused to accept reasonable accommodation and as a result the
payment of an allowance has been discontinued, the matter may be referred by
the employee or the Union to a Committee comprising two representatives of the
Union and two representatives of the DPE. If no mutual decision is arrived at
by the Committee the matter may be referred to the Industrial Relations
Commission of NSW.
29.5.6 Extension of
assistance beyond the twenty six (26)/thirteen (13) week period may be approved
only if the application for assistance is supported by acceptable evidence of unsuccessful
attempts to obtain accommodation which constitutes reasonably suitable
accommodation.
29.6 Removal Costs
29.6.1 A transferred
employee is entitled to reimbursement for the costs actually and necessarily
incurred in removing personal and household effects to the new location.
Provided that the journey is travelled by the shortest practicable route and
completed within a reasonable time, these costs will include the actual and
reasonable expenses incurred by the employee and dependants for meals and
accommodation during the course of the journey.
29.6.2 Removal expenses
allowed under this clause includes the costs of insuring furniture and effects
whilst in transit up to an amount set at Item 16 of Table 4 of Part C. Where
the insured value exceeds amount, the case should be referred to the DPE for
consideration. They should be provided with an inventory of items to be
transferred together with a declaration that all items included in that policy
are being removed or stored, or, a certificate of valuation from a registered
valuer certifying the value of furniture and effects being removed or stored.
Where, due to circumstances beyond the control of the
transferred employee, the furniture and effects of the employee arrive late at
the new location or are moved before the employee's departure from the previous
location, reimbursement of expenses for meals and accommodation properly and
reasonably incurred by the employee and any dependants shall be paid.
29.6.3
29.6.3.1 A
transferred employee shall be entitled to compensation for the accelerated
depreciation of personal and/or household effects removed to a new location.
29.6.3.2 This
entitlement is the amount set at Item 17 of Table 4 of Part C, where the
Commissioner is satisfied that the employee has removed a substantial portion
of what is normal household furniture, furnishing and fittings of not less
value than the amount set at Item 18 of Table 4 of Part C. If the value is less
than this amount, a pro rata amount is payable.
29.6.4 Where a
transferred employee is required to remove the employee's furniture from
temporary accommodation the employee is entitled to be reimbursed removal costs
and the compensation for depreciation and disturbance in respect of each such
move, notwithstanding that the employee may not be changing the location of
work.
29.6.5 When an employee
uses a private vehicle for the purposes of official business and finds it
necessary to transport another private vehicle, normally used by a dependant
relative maintained in the household, the cost of transporting or driving that
second vehicle to the employee's new location shall be part of the removal
costs and the employee may be paid either the cost of transportation by road or
rail or, if the vehicle is driven to the new location, a car allowance at the
specified journey rate set at Item 1 of Table 4 of Part C.
29.6.6 The reimbursement
for the costs actually and necessarily incurred in removing personal and
household effects to the new location shall be the equivalent to the lowest of
three competitive quotes where practicable.
29.6.7 An advance to
cover the whole or part of removal expenses allowed under this subclause is
available. The amount of the advance is to be adjusted by the employee within
one month of the expenditure being incurred.
29.7 Storage of
Furniture
Where an employee is unable to secure suitable
accommodation at the new location and is required to store the furniture while
waiting to secure a residence, the cost of storage and cartage to the store, and
from the store to the new residence shall be reimbursed. The employee shall
also be reimbursed the cost of insurance for furniture and effects while in
storage on the same basis as for insuring whilst in transit.
The maximum period of storage under this Clause is
twenty six (26) weeks in the country and thirteen (13) weeks in the
Metropolitan Area.
29.8 Costs of
Personal Transport
29.8.1 The transferred
employee and one member of the household, when proceeding on leave for the
purpose of visiting the new location with a view to obtaining suitable
accommodation, shall be entitled to the option of return rail fares, or if a
first class rail service is reasonably available, first-class return rail
fares, or reimbursement at the specified journey rate as set at Item 1 of Table
4 of Part C, for the use of a private vehicle up to the cost of rail fares.
29.8.2 The transferred
employee and all members of the household, when travelling to the new location
for the purpose of commencing duty, shall be entitled to rail fares or
reimbursement for the use of the private vehicle, as set out in subclause
29.8.1, provided that, where the members of the employee's household do not
travel on the same occasion as the employee, the entitlement for their personal
transport shall be deferred until such time as travel to take up residence at
the employee's new location occurs.
29.8.3 A transferred
employee working the special roster specified at subclause 8.6, who has been
unable to secure accommodation for the family at the new location, who is
entitled to special leave to permit a return home at weekends, shall be
entitled to the option of rail fares or reimbursement for the use of a private
vehicle as set out in subclause 29.8.1 when proceeding on leave.
29.8.4 Car allowance in
respect of travel by the employee involved in taking up duty at the new
location shall be at the official business rate as set at Item 11 of Table 4 of
Part C.
29.8.5 When an overall
saving to the Department would eventuate, an employee and one member of the
household, when proceeding to visit the new location with a view to obtaining
suitable accommodation, shall be entitled to economy class air fares in lieu of
rail fares or reimbursement of the use of a private motor vehicle.
29.8.6 When an employee
travels to the new location with a view to obtaining suitable accommodation and
incurs expenses in relation to overnight accommodation, the employee shall be
reimbursed the reasonable and actual cost of accommodation and meals for self
and a member of the household provided the amount to be reimbursed does not
exceed sustenance allowances allowed under Clause 26, Travelling Compensation.
29.9 Education of
Children
29.9.1 A transferred
employee who has dependant children will be entitled to the cost of essential
school clothing that is required to be replaced or purchased as a direct result
of the employee's transfer to a new location requiring the changing of schools.
No provision is made for reimbursement of additional school fees, text books or
other similar items. The basic list of school clothing is as follows:
Basic Items
|
Male winter
uniforms
|
Summer uniforms
|
|
1 Suit coat
|
3 shirts
|
|
2 pairs of winter trousers
|
3 pairs of trousers (short)
|
|
1 tie
|
3 pairs of long socks
|
|
3 shirts
|
|
|
1 jumper/cardigan
|
|
|
3 pairs of socks
|
|
|
1 pair of shoes
|
|
|
1 track suit/sports uniform
|
|
|
(but not both)
|
|
|
1 pair of sandshoes
|
|
|
|
|
|
Female winter
uniforms
|
Summer uniforms
|
|
1 hat
|
3 blouses
|
|
2 tunics
|
2 tunics
|
|
1 blazer
|
3 pairs stockings/socks
|
|
3 blouses
|
|
|
1 tie
|
|
|
3 pairs stockings/socks
|
|
|
1 pair of gloves
|
|
|
1 pair of shoes
|
|
|
1 track suit/sports uniform
|
|
|
(but not both)
|
|
|
1 pair of sandshoes
|
|
|
1 jumper/cardigan
|
|
|
When an item of clothing required at the new school is not
included in the basic list the DPE will consider reimbursing the cost of same
but will require full particulars and circumstances surrounding the requirement
to purchase.
29.9.2 In respect of
dependant children undergoing secondary education in Year 12 at a school in the
employee's old location, where the elected subjects are not available at a
school in the employee's new location, the cost of board and lodging for these
children may be reimbursed to the transferred employee. In such case the employee,
on production of receipts for payment and a certificate from the Department of
School Education that the elected subjects are not available at the school at
the employee's new location, shall be granted the allowance. In these cases the
parent/guardian will be required to pay the first amount as set at Item 19 of
Table 4 of Part C, of the board and lodging expenses and the Department will
reimburse further costs up to a maximum of the amount as set at Item 20 of
Table 4 of Part C, per week for each child.
29.10 Conveyancing and
Other Costs
A transferred employee who, as a consequence of the
transfer to a new location, sells a residence at the former location and buys a
residence or land upon which to erect a residence at the new location shall be
entitled to reimbursement of expenses incurred in such transactions subject to
the following:
29.10.1 Where a
solicitor or a registered conveyancing company has been engaged to act on
behalf of the employee in those transactions, the professional costs and disbursements
by the solicitor or a registered conveyancing company in respect of such
transactions.
29.10.2 Where
an employee is entitled to reimbursement, the following expenses shall be
covered:
29.10.2.1 Stamp
Duty;
29.10.2.2 Where
the employee has engaged a Real Estate Agent to sell the residence at the
former location, the commission due to the Estate Agent.
29.10.3 Reimbursement
of expenses shall be made where the sale of the employee's former residence and
the purchase of either a residence or land is effected within a period
commencing not earlier than six (6) months prior to the employee's transfer and
ending not more than four (4) years after such transfer. The Department will be
prepared to consider individual cases where the four (4) year period has been
exceeded but will require full details of why sale and/or purchase of the
transferred employee's residence could not be completed in the four (4) year
period.
29.10.4 Where a
transferred employee owns a residence at a former location and has taken up
rented accommodation on transfer, the employee shall be regarded as covered by
these provisions relating to the reimbursement of conveyancing and incidental
costs on the current transfer or on a subsequent transfer provided the period
of not more than four (4) years has elapsed since the employee's immediately
preceding transfer.
29.10.5 Where
it is not practicable for the transferred employee to purchase residence in the
new location and such employee has disposed of the former residence, such
employee is not to be excluded from the benefit of this clause when
subsequently purchasing a residence in the new location on a current or
subsequent transfer within the four (4) year period.
29.10.6 There
is an upper ceiling, as set at Item 21 of Table 4 of Part C, on prices of the
properties involved in either the sale or the purchase. This limit applies
where employees are relocated from a Metropolitan Area to the country
irrespective of the size, the value and the commerciality of the property being
purchased provided transferred employees are not entitled to the reimbursement
of costs involved in transactions where the sale or purchase of a large rural
property or commercial premises might be involved.
29.10.7 Where a
transferred employee dies before completion of either or both the sale or
purchase transactions, the expenses incurred in such transactions, up to and
including the finalisation of such transactions shall be payable by the Department
and the family of the deceased employee is not required to reimburse the
Department such expenses.
29.11 Stamp Duty and
Other Charges
A transferred employee, who, as a consequence of the
transfer, sells a residence at the former location and buys a residence or land
upon which to erect a residence at the new location is entitled to be
reimbursed:
29.11.1 Stamp
Duty in respect of the purchase of the residence or the land and the house
erected thereon at the new location;
29.11.2 Stamp
Duty paid in respect of any mortgage entered into or the discharge of a
mortgage in connection with the sale or purchase;
29.11.3 Registration
fees on transfers and mortgages on the residence or the land and the house
erected on the land on the following basis -
29.11.3.1 where
the purchase is completed and the employee enters into occupation of the
residence within 15 months of transfer, the reimbursement of Stamp Duty in
full;
29.11.3.2 where
the occupation of the residence purchased or erected is not completed within
fifteen (15) months but is completed within four years of transfer,
reimbursement of Stamp Duty is not to exceed the amount which would have been
payable had the sale and purchase prices of the properties been the amount set
at Item 21 of Table 4 of Part C, in each case.
29.11.4 A
transferred employee who, as a consequence of the transfer to a new location,
does not sell a residence at the former location but buys a residence or land
upon which to erect a residence at a new location, is entitled to be
reimbursed:
29.11.4.1 Stamp
Duty in respect of the purchase of the residence or the land and a house
erected on that land;
29.11.4.2 Stamp
Duty paid on any mortgage entered into in connection with the purchase; and
29.11.4.3 Registration
fees on transfer and mortgages on the residence or the land and a house erected
on the land,
provided the employee enters into occupation of the
residence within fifteen (15) months of transfer to the new location.
29.12 Incidental Costs
29.12.1 A transferred
employee who is entitled to the reimbursement of conveyancing and other costs
for a purchase at the new location prior to the sale of the former residence is
entitled to the reimbursement of any Council or any other Local Government
rates levied in respect of the former residence while such former residence
remains untenanted provided the employee can furnish acceptable evidence that
reasonable efforts are being made to sell the former residence at a fair market
price.
29.12.2 A
transferred employee will be entitled to reimbursement of non-refundable costs
in respect of the connection of gas and electricity supplies and of telephone
installation at the new residence provided that:
29.12.2.1 the
connection of gas and electricity supplies were available to the land at the
time of purchase and/or
29.12.2.2 the cost
of the telephone installation is to be reimbursed only where a telephone was
installed at the former residence.
29.12.3 A
transferred employee entitled to the reimbursement of conveyancing and other
costs is entitled to reimbursement of the cost of survey certificates, pest
certificates and/or Building Society registration fees reasonably incurred in
seeking financial accommodation to purchase the new residence or the land upon
which to erect a new residence and the fees associated with discharging the
mortgage on the former residence.
29.12.4 A
transferred employee shall be entitled to reimbursement for the fees charged by
Australia Post for re-direction of mail for the first month following vacation
of the former residence.
29.13 Relocation on
Retirement
29.13.1 Upon
retirement at a place other than the place of original recruitment to the
Department, an employee is entitled to be reimbursed the costs actually and
necessarily incurred in removing personal household effects to a location of
the employee's choice together with the cost of insuring the same against
damage in transit provided -
29.13.1.1 the
maximum amount of such reimbursement shall be limited to that payable had the
employee moved to the place of original recruitment; and
29.13.1.2 the
employee's relocation is effected within twelve (12) months following
retirement.
29.13.2 The
above provision shall apply to any claims made by the widow or widower within a
period of twelve (12) months of the transferred employee's death. In such cases the Commissioner will also be
prepared to consider claims made by children or dependent relatives of the
deceased in similar circumstances but will require full particulars as to the
reasons.
29.14 Additional
Provisions
29.14.1 Nothing
contained in the provisions of this clause pertaining to leave shall deprive
the employee of compensation for time spent in travelling.
29.14.2 Where the
spouse of a transferred employee is also employed in the NSW Public Service and
is also transferred, the assistance payable under this clause or under the
Crown Employee's general provisions is to be paid to one partner only. This
does not operate to restrict the leave entitlement of the transferred employee.
29.14.3 An
employee whose appointment to a position may be subject to appeals action shall
not move to the new location until the period during which appeals may be
lodged has expired or all appeals action has been finalised. An employee may be
directed to take up duty in the new location before appeals action is finalised
but will be entitled to the leave provisions set out in this clause, in which
case the following will apply:
29.14.3.1 Where the
employee has dependants they may claim sustenance allowance under Clause 26,
Travelling Compensation, until appeals action has been finalised;
29.14.3.2 Employees
with dependants have a further period of up to twenty one (21) days immediately
after all appeals action has been finalised to find suitable accommodation
before such travelling compensation entitlements cease. Such period may be
extended by the Commissioner if the Commissioner is satisfied that twenty one
(21) days is insufficient time to find such accommodation.
29.14.3.3 The
Commissioner shall not approve the movement of the employee's dependants or
furniture and effects before all appeals action has been finalised unless
exceptional or particularly difficult circumstances exist.
29.14.3.4 Employees
without dependants may be given assistance with temporary accommodation pending
the completion of any appeals action but are not to move their furniture and
effects until appeals action has been finalised.
29.15 Adjustment of
Entitlements
29.15.1 The
entitlements provided by this clause, shall be adjusted in line with, and from
the same effective dates, as the corresponding entitlements prescribed in the
Crown Employees (Transferred Officers' Compensation) Award.
30. Rental of
Premises
30.1 For the purpose
of this clause only:
30.1.1 "accommodation"
means quarters or premises, including a fire station, owned or leased by the
Department.
30.1.2 "employee"
means a Station Officer or an Inspector.
30.1.3 "market
rental" means the market rental of the property as determined by the
Commissioner in accordance with the Guidelines issued by the DPE.
30.2 Except as
provided for in subclauses 30.3, 30.4 and 30.5, where an employee is required
to and does occupy accommodation, the Department shall deduct from the rate of
pay of the employee concerned an amount per week equal to 4% of the employee’s
"Per Week" rate of pay as prescribed in Tables 1 and 2, Rates of Pay,
or 50% of the market rental of the accommodation, whichever is the lesser.
30.3 Where an
employee was, on 19 August 1994, entitled to and occupying subsidised
accommodation:
30.3.1 Such employee,
subject to subclause 30.3.2, shall continue to pay the amount set at Item 19 of
Table 3 of Part C (as adjusted from time to time in accordance with 30.4) per
week unless the employee subsequently elects to move from that accommodation to
different accommodation. If such an employee so elects, then the Department
shall deduct from the rate of pay of the employee concerned an amount per week
as prescribed in sub-clause 30.2.
30.3.2 And has exercised,
or who has, a right of return transfer pursuant to Clause 30 (i) of the Fire
Brigade Employees' (State) Award as published in NSW Industrial Gazette Volume
263 of 1991, such employee shall retain the right of return transfer. Provided
that the continued entitlement to subsidised accommodation shall expire after a
period of 2.5 years from the date of return transfer.
30.3.3 And is transferred
by the Department from one country location to another country location, such
employee shall retain the benefits of the provisions of sub-clause 30.3 as if
the employee had not been so transferred.
30.4 The amount set
at Item 19 of Table 3 of Part C, shall be increased from the same date and by
the same percentage of any increase to the rate of pay prescribed for a Station
Officer. All such increases shall be rounded off to the nearest 10 cents.
30.5 Employees who
have entered into, or subsequently entered into, private tenancy arrangements with
the Department are not entitled to the provisions of this clause.
Executive Officers
30.6 Except as
provided for in subclause 30.8, where an Executive Officer is required to and
does occupy accommodation, the Department shall deduct from the rate of pay of
the Executive Officer an amount per week equal to 4% of the weekly equivalent
of the Executive Officer’s annual salary as prescribed in Tables 1 and 2 of
Part C or 50% of the market rental of the accommodation, whichever is the
lesser.
30.7 The weekly
equivalent referred to in subclause 30.6 shall be derived by multiplying the
annual salary by 7 and dividing the result by 365.25.
30.8 An Executive
Officer who has entered into, or subsequently enters into private tenancy
arrangements with the Department is not entitled to the provisions of this
clause.
31. Protective
Clothing and Uniforms
31.1 The Department
shall supply to all employees appropriate protective clothing for operational
duties which shall meet relevant national and/or international Standards or as
otherwise agreed to with the Union.
31.2 Employees
supplied with the above clothing shall wear it in accordance with Departmental
instructions.
31.3 The provision of
wet weather gear shall be in accordance with existing practice, or as otherwise
agreed between the parties.
32. Clothes Drying
Facility
32.1 A drying closet
for artificially drying clothing shall be provided by the Department at all
fire stations to which employees are attached.
33. Cleaning of
Clothes
33.1 For the purposes
of this clause:
33.1.1 "Personal
Protective Equipment" means external clothing designed for personal
protection at an incident.
33.1.2 "Duty
wear" means duty wear trousers and duty wear shirt.
33.1.3 "Dress
uniform" is limited to Dress Trousers, Slacks, Culottes, Skirts, Galatea
and Pullover.
33.2 Where any
Personal Protective Equipment or Duty wear is supplied by the Department and is
required to be worn by its employees, and such Personal Protective Equipment or
Duty wear becomes soiled or damaged in the execution of duty as to require
cleaning or repairs, such cleaning or repairs shall be done at the expense of
the Department. Provided that the above Dress Uniform items shall also be
cleaned or repaired at the expense of the Department.
34. Safety Belts
34.1 Safety belts
shall be fitted to all seats on all vehicles operated by the Department which
employees are called upon to drive or to ride upon on a public road. Employees
are required to wear safety belts at all times while driving or a passenger in
a vehicle operated by the Department.
35. Disputes
Avoidance Procedures
35.1 Subject to the
provisions of the Industrial Relations Act 1996, and Clause 36.2, and to enable
claims, issues and disputes to be resolved while work proceeds normally, the
following procedures are to apply.
35.2 Employee(s)
and/or Union representatives will place the matter before the immediate supervisor.
The immediate supervisor will take all reasonable steps to reply to the
employee(s) and/or Union representatives as soon as possible, and will at least
provide a progress report before the close of ordinary business on the next
working day.
35.3 Failing
agreement, employee(s) and/or Union representatives will place the claim, issue
or dispute before the next higher officer in charge of the relevant zone or
region. That officer will take all reasonable steps to reply to the employee(s)
and/or Union representatives as soon as possible, and will at least provide a
progress report before the close of ordinary business on the next working day.
35.4 Failing
agreement, employee(s) and/or Union representatives will place the claim, issue
or dispute before the Director Human Resources. The Director Human Resources
will take all reasonable steps to reply to the employee(s) and/or Union
representatives as soon as possible, and will at least provide a progress
report before the close of ordinary business on the next working day.
35.5 Failing
agreement, employee(s) and/or Union representatives will place the claim, issue
or dispute before the Commissioner. The claim, issue or dispute and all
relevant circumstances relating to it will be fully reviewed by the
Commissioner and the Union and all reasonable steps shall be taken in an
attempt to resolve the matter.
35.6 No action is to
be taken by the Union which would affect the Department's operations whilst a
dispute is under investigation.
35.7 Failing agreement
the claim, issue or dispute may be referred to the appropriate Industrial
Tribunal.
36. Organisational Change under subclause 36.2
36.1. This clause
recognises the capacity of the Commissioner to make decisions to effect change
within the Department.
36.2.
36.2.1 This
clause applies to consultation and decisions regarding clauses 4 (Definitions),
clause 8 (Hours of Work), clause 13 (Progression and Promotion Provisions),
clause 19 (Examination and Assessment Leave) and clause 39 (Drug and Alcohol
Protocol), to the exclusion of the procedures under clause 35.
36.2.2 This
clause also applies in circumstances where the Commissioner decides to amend,
revoke or replace the Department’s guidelines, policies and/or procedures for
the management of employees’ conduct or performance.
36.3 Prior to making
any decision to effect change in the circumstances prescribed by subclause
36.2, the Commissioner must consult with the Union.
36.4 Consultation
will commence with a written notification to the Union regarding the proposed
change(s). Thereafter there will be a reasonable opportunity for the Union to
present its views in relation to the proposed changes.
36.5 If, during the
consultation process, there is a reasonable basis for the Commissioner to conclude
that the consultation process has been exhausted, the Commissioner shall advise
the Union accordingly and the following procedures shall then operate.
36.6. The Commissioner
will notify the Union and the workforce affected by the proposed change of his/her
decision in relation to the subject of the proposed change as well as the
process and timetable for its implementation.
36.7 If the matter
remains in dispute and is referred by the Union to the Industrial Relations
Commission within 7 days of the notification of the decision under clause 36.6,
there will be no implementation of the change until the Industrial Relations
Commission determines the matter or orders otherwise.
36.8 The Union and
the Commissioner shall be bound by any order or determination of the Industrial
Relations Commission in relation to the dispute.
36.9 If Industrial
action is engaged in at any stage in the operation of the process under this
clause, then the prohibition on implementation under clause 36.7 ceases to
operate.
36.10 The operation of
this clause shall be reviewed at the end of one year from the date of its
commencement, for the purpose of considering whether any amendments are
appropriate.
37. Acknowledgment
of Applications and Reports
37.1 When an employee
makes an application or a report in writing, to the proper officer, the
employee shall be sent a memorandum or email acknowledging its receipt and
noting the matter contained therein.
37.2 The result of an
application shall be communicated to the employee no later than fourteen days
after a decision has been reached. In cases where no decision has been reached
within one month the reason for the delay shall be communicated in writing, by
memorandum or email, to the employee.
37.3 The provisions
of this clause shall not apply in cases where other procedures are specifically
stipulated (eg, in Standing Orders or Commissioner's Orders).
38. Procedures
Regarding Reports and Charges
38.1 When an employee
is summoned to appear before the employee's Senior Officer or before the
Department on a charge, appeal or formal inquiry, the employee shall be given
particulars in writing of the charge or allegation, if any, against the
employee, at least forty‑eight hours before the hearing of the charge or
appeal or the opening of the said inquiry. The employee shall be allowed access
personally or by a representative duly authorised in writing by the employee,
to all or any of the official papers, correspondence or reports of the
Department relating to the charge, appeal or subject of the said inquiry.
38.2 The employee
also shall be allowed to give and to call evidence on the employee's own behalf
and to hear all evidence given.
38.3 If an employee
so requests the employee may be represented by an officer of the Union before
the employee's Senior Officer or the Department on all such occasions.
38.4
38.4.1 No report about an
employee shall be placed on the records or papers relating to that employee
unless the employee concerned has been shown the said report.
38.4.2 If the employee
disagrees with the report, the employee shall be entitled to make such a
notation on the report.
38.4.3 Evidence that the
employee has been shown the report will be by either the employee's signature
thereon, or in accordance with subclause 38.4.4.
38.4.4 Where an employee
refuses to sign the report, such refusal shall immediately be noted upon the
report by the Senior Officer handling the report, in such cases, the Senior
Officer will advise the employee that the refusal to sign will be noted on the
report and that the report, together with such notation, will be placed on the
records or papers relating to that employee.
38.4.5 Further to
subclause 38.4.4, in such circumstances, the Department will notify the Union,
in writing, within seven days of such refusal and the Union shall be given an
opportunity of replying to the report.
38.4.6 If the employee so
desires, any written response from either the employee or the Union shall also
be placed amongst the records or papers relating to the employee or noted
thereon.
38.5 Where the
Department has, for its own purposes, arranged for a transcript to be taken of
proceedings on a charge appeal or formal inquiry, a copy of such transcript
shall be supplied, free of cost, to the employee concerned if, during the
hearing or at the termination of the proceedings, a request therefore, in
writing, is made by the employee.
38.6 After the Senior
Officer has announced the recommendation or when the Department has made its
decision as the result of a charge or an appeal, the employee concerned shall
be informed thereof, in writing, within seven days after such announcement or
decision has been made or has been given, as the case may be.
38.7 For the purposes
of this clause "Senior Officer" means the employee’s Senior Officer
or an Officer of a higher rank.
39. Alcohol and Other Drugs
39.1 The joint
Protocol on Drug and Alcohol Safety and Rehabilitation in the Workplace, signed
by the Department and the Union on 18 March 1998, shall apply to all employees
covered by this Award until 4 September 2013, when it will be replaced by the
FRNSW Alcohol and Other Drugs Policy and associated FRNSW Alcohol and Other
Drugs Testing Procedures which shall thereafter then apply to all employees
covered by this Award.
39.2 The Department
may develop a new Protocol, or revised Policy or Procedures following
consultation between the Department and the Union.
40. Salary
Packaging Arrangements, Including Salary Sacrifice to Superannuation
40.1 The entitlement
to salary package in accordance with this clause is available to permanent
full-time employees.
40.2 For the purposes
of this clause:
40.2.1 "salary"
means the salary or rate of pay prescribed for the employee's classification by
clause 6, Rates of Pay and Allowances, Part C of this Award, and any other
payment that can be salary packaged in accordance with Australian taxation law.
40.2.2 "post
compulsory deduction salary" means the amount of salary available to be
packaged after payroll deductions required by legislation or order have been
taken into account. Such payroll deductions may include, but are not limited
to, taxes, compulsory superannuation payments, HECS payments, child support
payments, and judgement debtor/garnishee orders.
40.3 By mutual
agreement with the Commissioner, an employee may elect to package a part or all
of their post compulsory deduction salary in order to obtain:
40.3.1 a benefit or
benefits selected from those approved by the Industrial Relations Secretary;
and
40.3.2 an amount equal to
the difference between the employee’s salary, and the amount specified by the
Industrial Relations Secretary for the benefit provided to or in respect of the
employee in accordance with such agreement.
40.4 An election to
salary package must be made prior to the commencement of the period of service
to which the earnings relate.
40.5 The agreement
shall be known as a Salary Packaging Agreement.
40.6 Except in
accordance with subclause 40.7, a Salary Packaging Agreement shall be recorded
in writing and shall be for a period of time as mutually agreed between the
employee and the Commissioner at the time of signing the Salary Packaging
Agreement.
40.7 Where an
employee makes an election to sacrifice a part or all of their post compulsory
deduction salary as additional employer superannuation contributions, the
employee may elect to have the amount sacrificed:
40.7.1 paid into the
superannuation fund established under the First State Superannuation Act 1992;
or
40.7.2 where the
Department is making compulsory employer superannuation contributions to
another complying superannuation fund, paid into the same complying fund; or
40.7.3 subject
to the Department’s agreement, paid into another complying superannuation fund.
40.8 Where the
employee makes an election to salary sacrifice, the Department shall pay the
amount of post compulsory deduction salary, the subject of election, to the
relevant superannuation fund.
40.9 Where the employee
makes an election to salary package and where the employee is a member of a
superannuation scheme established under the:
40.9.1 Police Regulation
(Superannuation) Act 1906;
40.9.2 Superannuation Act
1916;
40.9.3 State Authorities
Superannuation Act 1987; or
40.9.4 State Authorities
Non-contributory Superannuation Act 1987, the Department must ensure that the
employee’s superable salary for the purposes of the above Acts, as notified to
the SAS Trustee Corporation, is calculated as if the Salary Packaging Agreement
had not been entered into.
40.10 Where the employee
makes an election to salary package, and where the employee is a member of a
superannuation fund other than a fund established under legislation listed in
subclause 40.9 of this clause, the Department must continue to base
contributions to that fund on the salary payable as if the Salary Packaging
Agreement had not been entered into.
This clause applies even though the superannuation contributions made by
the Department may be in excess of superannuation guarantee requirements after
the salary packaging is implemented.
40.11 Where the employee makes an election to salary
package:
40.11.1 subject
to Australian Taxation law, the amount of salary packaged will reduce the
salary subject to appropriate PAYG taxation deductions by the amount packaged;
and
40.11.2 any
allowance, penalty rate, payment for unused leave entitlements, weekly worker’s
compensation or other payment, other than any payments for leave taken in
service, to which an employee is entitled under this Award or any applicable
Award, Act or statute which is expressed to be determined by reference to the
employee’s rate of pay, shall be calculated by reference to the rate of pay
which would have applied to the employee under clause 6, Rates of Pay and
Allowances, or Part C of this Award if the Salary Packaging Agreement had not
been entered into.
40.12 The Industrial
Relations Secretary may vary the range and type of benefits available from time
to time following discussion with the Union.
Such variations shall apply to any existing or future Salary Packaging
Agreement from date of such variation.
40.13 The Industrial
Relations Secretary will determine from time to time the value of the benefits
provided following discussion with the Union.
Such variations shall apply to any existing or future Salary Packaging
Agreement from the date of such variation.
In this circumstance, the employee may elect to terminate the Salary
Packaging Agreement.
41. Anti-Discrimination
41.1 It is the
intention of the parties bound by this Award to seek to achieve the object in
3(f) of the Industrial Relations Act 1996 to prevent and eliminate
discrimination in the workplace. This includes discrimination on the grounds of
race, sex, marital status, disability, homosexuality, transgender identity, age
and responsibilities as a carer.
41.2 It follows that
in fulfilling their obligations under the Disputes Avoidance Procedures prescribed
by Clause 35 of this Award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this Award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the Award which, by its terms or operation, has a direct
or indirect discriminatory effect.
41.3 Under the
Anti-Discrimination Act 1977, it is unlawful to victimise an employee because
the employee has made or may make or has been involved in a complaint of
unlawful discrimination or harassment.
41.4 Nothing in this
Clause is taken to affect:
41.4.1 any conduct or act
which is specifically exempted from anti-discrimination legislation;
41.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
41.4.3 any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
41.4.4 a party to this
Award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
41.5 This Clause does
not create legal rights or obligations in addition to those imposed upon the
parties by legislation referred to in this Clause.
42. Employees’ duties
42.1 An employee may
be directed to carry out duties which are within the limits of his or her
skills, competence, and training, in such a manner, as may be required by the
Department, provided that:
42.1.1 the direction is
reasonable,
42.1.2 an employee who
elects to relinquish a rank or qualification shall cease to be considered to be
capable of carrying out the duties associated with that former rank or
qualification, and
42.1.3 the direction is
not otherwise inconsistent with a provision of this Award.
42.2 Any direction
issued by the Department pursuant to subclause 42.1 shall be consistent with:
42.2.1 the provision of a
safe and health working environment,
42.2.2 ensuring that the Department
responds to relevant technological changes and changes in its operating
environment in a timely and effective manner.
42.3 The parties to
this Award shall work collaboratively to ensure the effective and reasonable
operation of this clause.
43. No Extra Claims
43.1 The parties
agree that, during the term of this award, there will be no extra wage claims,
claims for improved conditions of employment or demands made with respect to
the employees covered by the award and, further, that no proceedings, claims or
demands concerning wages or conditions of employment with respect to those
employees will be instituted before the Industrial Relations Commission or any
other industrial tribunal.
43.2 The terms of
subclause 43.1 do not prevent the parties from taking any proceedings with
respect to the interpretation, application or enforcement of existing award
provisions.
44. Area,
Incidence and Duration
44.1 This Award
rescinds and replaces the Crown Employees (Fire and Rescue NSW Permanent
Firefighting Staff) Award 2014 published 27 March 2015 (377 IG 205).
44.2 This Award shall
apply to all employees as defined in Clause 4, Definitions, of this Award and
shall take effect on and from 19 February 2016, and shall remain in force until
16 February 2017.
PART C - MONETARY RATES
Table 1 - Rates of Pay effective on and from 19 February
2016
Operational
Firefighter Classification
|
Per Week
|
Recruit Firefighter
|
$1,148.98
|
Firefighter
|
$1,332.59
|
Qualified Firefighter
|
$1,480.65
|
Senior Firefighter
|
$1,569.49
|
Leading Firefighter
|
$1,658.34
|
Station Officer
|
$1,880.43
|
Leading Station Officer
|
$1,924.85
|
Inspector
|
$2,220.98
|
Operational Support
Classification
|
Per Week
|
Operational Support Level 1
|
$1,663.62
|
Operational Support Level 2
|
$1,885.77
|
Operational Support Level 2a
|
$1,985.97
|
Operational Support Inspector
|
$2,226.25
|
Operational Support Level 3a
|
$2,413.99
|
Executive Officer
Classification
|
Per Annum
|
Superintendent
|
$144,152
|
Chief Superintendent
|
$155,750
|
Table 3 - Allowances
The following allowances are effective on and from the
date shown.
Item
|
Clause
|
Description
|
Unit
|
Amount
|
|
|
|
|
19/02/2016
|
1
|
6.6.1
|
Laundry expenses
|
$ per week
|
37.50
|
2
|
6.6.2
|
Kilometre Allowance
|
$ per km
|
1.22
|
|
9.8
|
|
|
|
|
12.7
|
|
|
|
|
12.15.4
|
|
|
|
|
12.16
|
|
|
|
3
|
6.6.3
|
Major Aerial Allowance
|
$ per week
|
56.63
|
4
|
6.6.4
|
Minor Aerial Allowance
|
$ per week
|
21.25
|
5
|
6.6.5
|
Hazmat Allowance
|
$ per week
|
113.28
|
6
|
6.6.6
|
Communications Allowance, Non-Officers
|
$ per week
|
176.11
|
7
|
6.6.7
|
Communications Allowance, Officers
|
$ per week
|
190.96
|
8
|
6.6.8
|
Communications Allowance, Senior Officers
|
$ per week
|
222.65
|
9
|
6.6.9
|
Country Allowance
|
$ per week
|
7.68
|
10
|
6.6.10
|
Remote Area Allowance
|
$ per week
|
29.43
|
11
|
6.6.11
|
Rescue Allowance
|
$ per week
|
49.22
|
12
|
6.6.12
|
Service Allowance
|
$ per week
|
|
|
|
- 5 years or more, but less than 10 years
|
|
4.56
|
|
|
- 10 years or more, but less than 15 years
|
|
9.12
|
|
|
- 15 years or more
|
|
13.68
|
13
|
6.6.13
|
Marine Allowance
|
$ per week
|
56.63
|
14
|
12a6.2
|
Meal Allowance
|
$ per meal
|
28.80
|
|
10.2-10.4
|
|
|
|
15
|
10.2-10.4
|
Refreshment Allowance
|
$ per meal
|
14.40
|
16
|
12.6
|
Relieving Allowance
|
$ per rostered shift
|
32.57
|
17
|
12a.7
|
Deployment Allowance
|
$ per day
|
171.95
|
18
|
25.2.8.4
|
Court Attendance Stand-By Rate
|
$
|
|
|
|
- Periods of less than 24 hours
|
|
15.22
|
|
|
- Periods of 24 hours
|
|
22.82
|
19
|
30.3.1
|
Accommodation Contribution
|
$ per week
|
38.90
|
Table 4 - Travelling / Transferred Employees Compensation
Allowances
Item
|
Clause
|
Description
|
Unit
|
On and from
|
|
|
|
|
1 July 2015
|
1
|
16.5.2
|
Specified (Casual) Journey Rate
|
Per km
|
|
|
25.2.3
|
(Dependent on Engine Capacity)
|
|
|
|
26.6.4
|
2601cc & over
|
|
36.29 cents
|
|
29.6.5 &
|
1601 to 2600cc
|
|
33.92 cents
|
|
29.8.1
|
Under 1600cc
|
|
28.45 cents
|
2
|
25.2.8.4
|
Stand By Rate - see Item 17 in Table 3
|
|
|
3
|
26.1.3
|
Hourly Rate - Travelling Compensation
|
Per hour
|
$47.01
|
4
|
26.3.1.1
|
Breakfast
|
Per meal
|
##
|
^^
|
|
|
|
|
$25.90
|
$23.20
|
5
|
26.3.1.2
|
Lunch
|
Per meal
|
##
|
^^
|
|
|
|
|
$29.15
|
$26.50
|
6
|
26.3.1.3
|
Dinner
|
Per meal
|
##
|
^^
|
|
|
|
|
$49.65
|
$45.70
|
7
|
12a5.1,
|
Accommodation first 35 days
|
Per day
|
|
|
26.4.1
|
(includes all meals)
|
|
|
|
|
- Capital Cities
|
|
$308.45Sydney
|
|
|
|
|
$280.45 Adelaide
|
|
|
|
|
$328.45 Brisbane
|
|
|
|
|
$291.45 Canberra
|
|
|
|
|
$339.45 Darwin
|
|
|
|
|
$255.45 Hobart
|
|
|
|
|
$296.45 Melbourne
|
|
|
|
|
$356.45 Perth
|
|
|
|
|
|
|
|
- High Cost Country Centres
|
|
$288.45 Bourke
|
|
|
|
|
$263.45 Gosford
|
|
|
|
|
$275.45 Maitland
|
|
|
|
|
$258.45 Mudgee
|
|
|
|
|
$278.45 Newcastle
|
|
|
|
|
$452.45Norfolk Island
|
|
|
|
|
$278.45 Orange
|
|
|
|
|
$263.45 Port Macquarie
|
|
|
|
|
$256.45 Queanbeyan
|
|
|
|
|
$264.45 Wagga Wagga
|
|
|
|
|
$259.45 Wollongong
|
|
|
|
|
|
|
|
|
|
$246.15 Albury
|
|
|
- Tier 2 Country Centres
|
|
$246.15 Armidale
|
|
|
|
|
$246.15 Bathurst
|
|
|
|
|
$246.15 Bega
|
|
|
|
|
$246.15 Broken Hill
|
|
|
|
|
$246.15 Coffs Harbour
|
|
|
|
|
$246.15 Cooma
|
|
|
|
|
$246.15 Dubbo
|
|
|
|
|
$246.15 Goulburn
|
|
|
|
|
$246.15 Griffith
|
|
|
|
|
$246.15 Gunnedah
|
|
|
|
|
$246.15 Lismore
|
|
|
|
|
$246.15 Muswellbrook
|
|
|
|
|
$246.15 Nowra
|
|
|
|
|
$246.15 Tamworth
|
|
|
|
|
$246.15 Tumut
|
|
|
|
|
|
|
|
- Other Country Centres
|
|
$224.15
|
8
|
12a5.2
|
Actual Necessary Expenses - all locations
|
Per day
|
$18.75
|
|
26.4.2
|
|
|
|
9
|
26.4.3
|
Accommodation -
|
Per day
|
50% of the appropriate
|
|
|
after first 35 days and up to 6 mths
|
|
location rate
|
10
|
26.5
|
Government Accommodation -
|
Per day
|
$18.75
|
|
|
Incidental Expenses - all locations
|
|
|
11
|
26.6.5.4
|
Official Business Rate
|
Per km
|
|
|
&
|
(Dependant on Engine Capacity)
|
|
|
|
29.8.4
|
Over 2601cc
|
|
102.32 cents
|
|
|
1601 to 2600cc
|
|
95.35 cents
|
|
|
under 1600cc
|
|
68.29 cents
|
12
|
29.5.1 -
|
Temporary Accommodation
|
Per week
|
$254.00
|
|
29.5.3
|
|
(up to a
|
|
|
|
|
maximum of)
|
|
13
|
29.5.2
|
Board & Lodging expenses to be covered
|
Per week
|
$51.00
|
|
|
by Employee
|
|
|
14
|
29.5.4.1
|
Laundry Allowance -
|
Per week
|
$4.50
|
|
|
Employee only rate
|
|
|
15
|
29.5.4.2.
|
Laundry Allowance -
|
Per week
|
$13.00
|
|
|
Employee and Dependants rate
|
(actual
|
|
|
|
|
expenses to
|
|
|
|
|
maximum)
|
|
16
|
29.6.2
|
Cost of Insurance of Furniture and
|
(up to a
|
$38,000
|
|
|
Effects in transit and in Storage
|
maximum of)
|
|
17
|
29.6.3.2
|
Accelerated depreciation of
|
(up to a
|
$1,126
|
|
|
personal/household effects in transit
|
maximum of)
|
|
18
|
29.6.3.2
|
Value of furnishings and fittings
|
(up to a
|
$7,037
|
|
|
|
maximum of)
|
|
19
|
29.9.2
|
Board & Lodging to be covered by
|
Per week
|
$27.00
|
|
|
parent/guardian
|
|
|
20
|
29.9.2
|
Board & Lodging cost for Dependent
|
Per week
|
$56.00
|
|
|
staying in initial location due to Year 12
|
|
|
|
|
subjects
|
|
|
21
|
29.10.6 &
|
Relocation -
|
(up to a
|
$520,000
|
|
29.11.3.2
|
City to Country for sale of property
|
maximum of)
|
|
|
Legend:
|
Effective Dates are with effect from the first pay period
to commence on or after the date.
|
## = Capital Cities & High Cost Country Centres.
|
^^ = Tier 2 Country Centres & Other Country Centres.
|
J.V. MURPHY
____________________
Printed by
the authority of the Industrial Registrar.