Crown Employees (Fire and Rescue NSW Retained
Firefighting Staff) Award 2017
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Fire Brigade Employees' Union of New South Wales, Industrial Organisation
of employees.
(Case No. 2017/42346)
Before Acting Chief
Commissioner Tabbaa
|
16 February 2017
|
AWARD
Part A
1. Introduction
1.1 This Award
shall be known as the Crown Employees (Fire and Rescue NSW Retained Firefighting Staff) Award 2017.
1.2 This Award
regulates the rates of pay and conditions of employment for employees covered
by this Award.
1.3 All references
in this Award to Firefighter, Deputy Captain or
Captain shall also be taken to be a reference to CFR Firefighter,
CFR Deputy Captain and CFR Captain respectively and vice versa, excepting for
Table 2 of Part B and any other specific reference to CFR in this Award.
2. Index
Clause No. Subject
Matter
1. Title
2. Index
3. Basic
Wage
4. Definitions
5. Intentions
and Commitments
6. Rates of
Pay and Allowances
7. Higher
Duties
8. Meals and
Refreshments
9. Use of
Personal Transport
10. Annual
Leave
11. Compassionate
Leave
12. Long
Service Leave
13. Military
Leave
14. Parental
Leave
15. Carer’s
Leave
16. Sick Leave
17. Special
Leave for Union Activities
18. Court
Attendance Entitlements
19. Training
Course Attendance Entitlements
20. Travelling
Compensation
21. Transfers
22. Procedures
Regarding Reports and Charges
23. Acknowledgment
of Applications and Reports
24. Training
and Staff Development
25. Protective
Clothing and Uniforms
26. Disputes
Avoidance Procedures
27. Organisational
Change under clause 27.2
28. Attendance
and Availability Requirements
29. Attendance
at Major Emergencies
30. Alcohol
and Other Drugs
31. Salary
Packaging Arrangements, including Salary Sacrifice to Superannuation
32. Employees’
Duties
33. Anti-Discrimination
34. No Extra
Claims
35. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Retainers
Table 2 - Rates of Pay
Table 3 - Allowances
Table 4 - Authorised Duties
Table 5 - Travelling Compensation Allowances
3. Basic Wage
This Award, in so far as it fixes rates of pay, is made by
reference and in relation to the adult basic wage currently in force under the
said Clause 15 of Division 4 of Part 2 of Schedule 4, Savings, Transitional and
other provisions, of the Industrial
Relations Act 1996.
4. Definitions
"Brigade" for the purposes of this Award means any
individual brigade of Fire and Rescue NSW constituted under the Fire Brigades Act 1989.
"Commissioner" means Commissioner of the
Department holding office as such under the Government
Sector Employment Act 2013.
"CFR" means Community First Responder, the medical
first response role performed by CFR firefighters as
at 21 June 2012 in support (but not in lieu) of the Ambulance Service of NSW.
"CFR Brigade" means any Brigade that is designated
as such by Fire & Rescue NSW from time to time and such designation may be
attached or withdrawn following consultation with the Union.
"CFR firefighter" means
an employee who is both attached to a CFR Brigade and who is qualified to
undertake CFR duties. Any retained firefighter
attached to a CFR Brigade may request CFR training and then shall be provided
with such training as soon as practicable. Any CFR firefighter
may at any time elect to relinquish their CFR qualification and classification.
"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.
"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 220g, or similar)
and one 100% fruit juice box (Just Juice 250 ml, or similar).
"Employee" means a person classified by the
Department as a Retained Firefighter and appointed as
a Volunteer Firefighter pursuant to the provisions of
the Fire Brigades Act 1989.
"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 Northern Beaches, 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.
"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.
"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).
"Retainer" means the relevant amount set out at
the Entitlement Codes at subclause 6.3.1.1 that is paid per fortnight to
employees in accordance with their classification, less the fortnightly
equivalent of any contribution required pursuant to the Crown Employees (NSW
Fire Brigades Firefighting Staff Death and
Disability) Award 2012
or its successors.
"Service" for the purposes of determining leave
entitlements, means continuous service.
"Special Leave Without
Pay" means a period of approved unpaid leave during which the employee’s
retainer shall be unaffected.
"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.
5. Intentions and
Commitments
5.1 The intention
of this Award is to regulate the rates of pay and conditions of employment for
employees covered by this Award.
5.2 The specific
commitment in relation to this Award is for the parties to jointly investigate,
agree upon and ensure the introduction of a software application that shall be
used by all employees in receipt of the RTAAS Allowance to declare their
compulsory availability and, if they elect, any additional availability that
they may wish to declare, and to monitor their brigade’s availability on both a
projected and real-time basis.
6. Rates of Pay and
Allowances
6.1 Rates of pay and
Retainers shall be paid in accordance with the Entitlement Codes for an
employee’s classification, as prescribed in subclause 6.3.1. The monetary
amounts corresponding to the Entitlement Codes are as set out in Tables 1 and 2
of Part B, Monetary Rates.
6.2 The Retainers
are paid in recognition of and compensation for the attendances and periods of
declared availability required of employees by Clause 28, and include a loading
in compensation for:
6.2.1 Annual leave
loading.
6.2.2 The driving and
operating of all vehicles operated by appropriately qualified employees as at
30 September 1999 and rescue and hazmat vehicles outside the GSA and the
Newcastle, Lake Macquarie, Wollongong, Shellharbour, Central Coast and Blue
Mountains Local Government Areas. The operation of any other vehicles shall be
by agreement between the Union and the Department.
6.2.3 Rescue, Cordage,
Hazmat & Unit Trainer capabilities and CBT qualifications required to be
held under subclause 6.3.
6.3 Retainers,
Rates of Pay and Classifications
6.3.1 Entitlement
Codes
6.3.1.1 Firefighter Retainers
|
Retainer Level
|
Compulsory availability
|
Entitlement Code
|
|
|
per week
|
|
|
Standard Retainers
(anytime, any day of the week)
|
|
Base
|
24 hours
|
A
|
Recruit Firefighter,
|
50%
|
48 hours
|
B
|
Firefighter and
|
75%
|
72 hours
|
C
|
CFR Firefighter
|
100%
|
96 hours
|
D
|
|
Weekday Retainers (between 0600 hours and 1800
hours, Monday to Friday only)
|
|
50%
|
30 hours
|
B
|
|
75%
|
40 hours
|
C
|
|
100%
|
50 hours
|
D
|
6.3.1.2 Deputy
Captain Retainers
Deputy Captain and
|
Retainer Level
|
Compulsory availability
|
Entitlement Code
|
CFR Deputy Captain
|
|
per week
|
|
|
Standard Retainers
(anytime, any day of the week)
|
|
Base
|
24 hours
|
E
|
|
50%
|
48 hours
|
F
|
|
75%
|
72 hours
|
G
|
|
100%
|
96 hours
|
H
|
|
Weekday Retainers (between 0600 hours and 1800
hours, Monday to Friday only)
|
|
50%
|
30 hours
|
F
|
|
75%
|
40 hours
|
G
|
|
100%
|
50 hours
|
H
|
6.3.1.3 Captain
Retainers
Captain and CFR
|
Retainer Level
|
Compulsory availability
|
Entitlement Code
|
Captain
|
|
per week
|
|
|
Standard Retainers
(anytime, any day of the week)
|
|
Base
|
24 hours
|
I
|
|
50%
|
48 hours
|
J
|
|
75%
|
72 hours
|
K
|
|
100%
|
96 hours
|
L
|
|
Weekday Retainers (between 0600 hours and 1800
hours, Monday to Friday only)
|
|
50%
|
30 hours
|
J
|
|
75%
|
40 hours
|
K
|
|
100%
|
50 hours
|
L
|
6.3.1.4 Hourly
Rates
Classification
|
1st Hour
|
Each subsequent
half-hour
|
|
|
or part thereof
|
Recruit Firefighter
|
M
|
N
|
Firefighter
|
O
|
P
|
CFR Firefighter
|
Q
|
R
|
Deputy Captain
|
S
|
T
|
CFR Deputy Captain
|
U
|
V
|
Captain
|
W
|
X
|
CFR Captain
|
Y
|
Z
|
6.3.2 Transitional
arrangements
6.3.2.1 Employees
who on 29 May 2014 held the classification of Firefighter
C and who commenced employment on or after 1 Janaury
2014 shall on and from 30 May 2014 be re-classified as
Recruit Firefighter.
6.3.2.2 Employees
who on 29 May 2014 held the classification of Firefighter
C and who commenced employment prior to 1 Janaury
2014 shall on and from 30 May 2014 be re-classified as
Firefighter.
6.3.2.3 Employees
who on 29 May 2014 held the classification of Firefighter
A or Firefighter B or CFR Firefighter
A, CFR Firefighter B or CFR Firefighter
C shall on and from 30 May 2014 be re-classified as Firefighter
or CFR Firefighter respectively.
6.3.2.4 Employees
who on 29 May 2014 held the classification of Deputy Captain A or B or CFR
Deputy Captain A or B shall on and from 30 May 2014 be re-classified as Deputy
Captain or CFR Deputy Captain respectively.
6.3.2.5 Employees
who on 29 May 2014 held the classification of Captain A or B or CFR Captain A
or B shall on and from 30 May 2014 be re-classified as Captain or CFR Captain
respectively.
6.3.2.6 Once
re-classified, all employees shall commence on the Base level of the Standard
Retainer for their classification.
6.3.3 All new
employees shall commence employment in the classification of Recruit Firefighter and on the Base level of the Standard Retainer,
and shall not progress to a higher and/or Weekday Retainer other than in
accordance with subclause 6.3.6.
6.3.4 Progression from
Recruit Firefighter to Firefighter
shall be subject to six (6) months service from the date of commencement as a
Recruit Firefighter and to the satisfactory
completion of the training and/or training competencies specified, by the
Commissioner on the advice of the Training Review Committee, for progression to
Firefighter.
6.3.4.1 Failure
to achieve progression to Firefighter 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.
6.3.4.2 The
reference to "reasonable time" in subclause 6.3.4.1 means a period in
excess of six (6) months. The excess time to be allowed shall be determined by
the Commissioner after taking into account all the circumstances of the case of
the employee concerned.
6.3.5 Progression from
Firefighter to Deputy Captain or Captain,
or from Deputy Captain to Captain shall in each case be subject to a vacancy
and shall be determined solely on the basis of merit selection.
6.3.6 Progression from
one Standard Retainer to any higher Standard Retainer,
or from one Standard Retainer to any Weekday Retainer, or from one Weekday
Retainer to any higher Weekday Retainer shall be subject to the occurrence of a
vacancy and shall be determined solely on the basis of merit selection. The
number of higher and/or Weekday Retainers available at any brigade (if any)
will remain solely at the Department’s discretion and subject to expansion or
reduction pursuant to subclause 6.3.7.
6.3.7
6.3.7.1 An
employee who applies for and is subsequently appointed to a higher Standard
Retainer and/or a Weekday Retainer may be transferred to a lower Retainer,
either Standard or Weekday, without the employee’s consent provided; firstly,
that the Department provides the employee(s) concerned with at least one
month’s written notice of such transfer; and secondly, that such transfers are
applied as equitably within the brigade as reasonably possible in the
circumstances; and thirdly, that the employee’s transfer is not a consequence
of disciplinary action, in which case neither of the preceding requirements
will apply and the transfer may be affected immediately.
6.3.7.2 An
employee’s Retainer (Standard or Weekday) and Level (Base, 50%, 75% or 100%)
shall remain unaffected by a change in the employee’s classification. By way of
example, a Firefighter on a Weekday 50% Retainer
under subclause 6.3.1.1 at the time of their appointment to Deputy Captain
would continue on a 50% Weekday Retainer under subclause 6.3.1.2 until
transferred to a higher Retainer pursuant to subclause 6.3.6, or to a lower
Retainer pursuant to subclause 6.3.7.1.
6.3.8 Progression of
employees to their corresponding CFR classification (Firefighter,
Deputy Captain or Captain, whichever applies) shall be subject to:
6.3.8.1 attachment to a CFR Brigade; and
6.3.8.2 the satisfactory completion of the training and/or training
competencies specified for CFR duties.
6.4 Employees
appointed as Unit Trainers shall receive payment at the rates prescribed at
Items W and X when delivering training at regular station drills, for the
duration of the drill.
6.5 Calculation of
Payment for Duties Performed
6.5.1 Employees shall
be paid, subject to the provisions of subclauses 6.5.2 and 6.5.3, for the total
period of time spent performing duties, which shall be calculated as follows:
6.5.1.1 Attendance
at Scheduled Weekend Training courses - the period of attendance shall be
equivalent to the scheduled training hours.
6.5.1.2 Major
Emergencies - Periods of attendance for the purpose of calculating payment
shall be calculated having regard to the provisions of subclause 29.5.
6.5.1.3 Attendance
at Zone Conferences - the period of attendance shall be equivalent to the
scheduled hours of the conference.
6.5.1.4 Royal
Easter Show - periods of attendance for the purpose of calculating payment shall
be calculated having regard to the provisions of subclause 6.9.
6.5.1.5 In
all other instances - employees shall be paid for the period that elapses from
the time the employee signed on in the occurrence book at the employee’s
station, until the time such employee signs off in the occurrence book at the
employee’s station.
6.5.2 The minimum
periods of payment shall be as follows:
6.5.2.1 Attendance
at an incident, hazard reduction, and unit training - a minimum payment of one
hour. All subsequent time thereafter shall be paid to the half hour.
6.5.2.2 Regular
drills (of which there shall be two per station, per month) - a minimum payment
of two hours.
6.5.2.3 All
other authorised duties (excepting Travelling Time) - a minimum payment of one
hour. All subsequent time to be paid to the minute.
6.5.2.4 Travelling
time - where an employee is entitled to travelling time in terms of this Award,
all such time shall be paid to the minute.
6.5.2.5 Relief
Duties - where an employee performs relief duties in accordance with subclause
6.7 for three hours or less, such employee shall receive a minimum payment of
three hours for each such relief. All subsequent time thereafter shall be paid
to the minute.
6.5.2.6 Attendance
at scheduled weekend training courses and zone conferences - a minimum payment
of eight hours per day spent in attendance.
6.5.2.7 Except
in the case of regular drills and authorised duties, where the purpose for
which an employee was required to report for duty is completed, the employee shall
be released.
6.5.3 An employee who attends either the station
or the incident within 30 minutes of notification shall for each such
attendance be entitled to payment pursuant to subclause 6.5.2.1 unless the
employee was already performing duty at the time of the notification (for
example, the employee had returned from a previous incident but had not signed
off in the occurrence book prior to notification of the subsequent incident).
6.5.4 If the non-availability of retained firefighting staff at any brigade requires the Department
to maintain minimum staffing with either a permanent firefighter,
or a retained firefighter from another station
pursuant to subclause 6.8, then only those employees who had declared their
availability shall be responded until such time as the minimum staffing by that
brigade’s employees is restored and the permanent firefighter or retained firefighter performing relief duties has been released,
whereupon the ordinary notification and response of employees attached to the
brigade shall resume.
6.6 Authorised
Duties
6.6.1 Where an
employee is required to attend meetings or to perform other authorised duties,
payment shall be made at the appropriate rate of pay for the employee’s
classification pursuant to subclause 6.5.1.5. Such authorised duties include,
but are not limited to, those duties that are set out in Table 4 - Authorised
Duties, of Part B, Monetary Rates.
6.6.2 Employees
seeking to attend meetings and/or perform duties in accordance with subclause 6.6.1
which are not referred to in the said Table 4 must receive authorisation from
the relevant Captain, Inspector or higher ranking officer prior to the
performance of such duties.
6.6.3 Each station
shall be allowed not less than:
6.6.3.1 26
hours per month of station-based duties; and
6.6.3.2 1.5
hours per week, per vehicle of Engine Keeper duties; and
6.6.3.3 2
hours per week, per vehicle of Station Inventory Management System (SIMS)
duties; and
6.6.3.4 16
hours per annum of attendance at station open days and local shows; and
6.6.3.5 in
the case of any and all other authorised duties:
6.6.3.5.1 14
hours per month if attending 100 incidents or less per year.
6.6.3.5.2 19
hours per month if attending more than 100 but less than 200 incidents per
year.
6.6.3.5.3 24
hours per month if attending 200 or more incidents per year.
6.7 Relief Duties
6.7.1 Where an
employee is required to maintain
minimum staffing due to the non-availability of retained or permanent firefighting staff at another station, or permanent firefighting staff at the employee’s own station, such
employee shall be paid the amount prescribed at Entitlement Code
"RD3" of Table 2 of Part B for the first three hours, or part
thereof, and at the rate prescribed at Entitlement Code "RDH" of
Table 2 of Part B for any period thereafter which elapses from the time the
employee signed on in the occurrence book of the relief station, until the time
such employee signs off in the occurrence book of the relief station. Provided
that employees who perform relief duties in accordance with this subclause
shall not attract additional payment under this Clause for attendance at
incidents or performing authorised duties or drills during the period of the
relief.
6.7.2 Employees who
relieve at a station other than their own shall be paid the appropriate rate
per hour prescribed for the employee’s classification for the duration of the
forward and return journeys between the employee’s station and the location of
the relief. All such time shall be paid to the minute.
6.7.3 Where it is
necessary for an employee to use the employee’s private vehicle to perform
relief duties, such employee shall be paid the rate per kilometre prescribed at
Entitlement Code "KM" of Table 3 of Part B for the forward and return
journeys between their residence and their station, and the forward and return
journeys between their station and the location of the relief.
6.8 Attendance at
the Royal Easter Show
6.8.1 The following hourly
rates shall be paid to employees working at the Royal Easter Show:
6.8.1.1 For
Recruit Firefighter and Firefighter,
the rate prescribed at Entitlement Code "RASF" of Table 2 of Part B
of this Award.
6.8.1.2 For
Deputy Captain, the rate prescribed at Entitlement Code "RASDC" of
Table 2 of Part B of this Award.
6.8.1.3 For
Captain, rate prescribed at Entitlement Code "RASC" of Table 2 of
Part B of this Award.
6.8.2 The rates
prescribed in 6.8.1 above are all incidence of
employment rates and, standing anything else prescribed in this Award,
employees receiving such rates shall:
6.8.2.1 only be entitled to be paid for the hours actually worked at
the Royal Easter Show. Provided that, if an employee cannot attend for duty due
to illness or incapacity and provides a medical certificate pursuant to
subclause 16.3 then the employee shall be entitled to be paid for the hours
that would have otherwise been worked.
6.8.2.2 not be entitled to any payment or compensation for
travelling time or travelling costs in connection with attendance at the Royal
Easter Show;
6.8.2.3 not be entitled to any payment or compensation with respect
to either meals (except as provided for 6.8.4) and/or accommodation in
connection with attendance at the Royal Easter Show;
6.8.2.4 not be entitled to the payment of overtime or downtime in
connection with attendance at the Royal Easter Show.
6.8.3 All payments
made under this subclause shall count for the purpose of any paid leave.
6.8.4 In the event
that the employees attend an incident while working at the Royal Easter Show
such employees shall be entitled to the provisions of Clause 8 - Meals and
Refreshments.
6.8.5 Attendance at
the Royal Easter Show shall be treated as a period of authorised absence for
the purposes of subclause 28.2.
6.9 RTAAS Allowance
6.9.1 The Retained
Telephone Alerting and Availability System Allowance prescribed at Entitlement
Code "RTAAS" of Table 3 of Part B of this Award shall be paid to employees
who provide the Department with a valid telephone number in compensation for
the maintenance of that primary contact number and the use of an agreed
software application to declare their compulsory availability and, if they
elect, any additional availability that they may wish to declare, and to
monitor their brigade’s availability on both a projected and real-time basis.
6.10 Overtime
6.10.1 Where an employee
works in excess of ten (10) consecutive hours, such employee shall be paid at
overtime rates for the hours worked in excess of ten (10). Provided that the
provisions of this subclause shall not apply to employees receiving payment
under either Clause 29, Attendance at Major Emergencies, subclause 6.7, Relief
Duties or subclause 6.8, Attendance at the Royal Easter Show.
6.10.2 Overtime shall be
paid for at the rate of time and one half for the first two (2) hours and at
the rate of double time thereafter, for the rate(s) prescribed for the
employee’s classification, provided that all overtime shall be paid to the half
hour in accordance with subclause 6.5.2.1.
6.10.3 Employees who work
on Easter Sunday or on any additional public holiday that is Gazetted
or otherwise confirmed by the NSW Government shall be paid at overtime rates
for all hours worked on each such day. For the purposes of this subclause,
additional public holidays shall not include local public holidays.
6.11 Overpayments
6.11.1 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 remuneration.
6.11.2 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.
6.11.3 The recovery rate
of 10% of an employee’s gross fortnightly remuneration referred to in subclause
6.11.1, 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.
6.11.4 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
6.11.1, the Department shall have the right to deduct any balance of such
overpayment from any monies owing to the employee on the employee’s date of
termination, resignation or retirement, as the case may be.
6.12 Payment of
Monies
6.12.1 Employees shall be
paid fortnightly.
6.12.2 Payments shall be
made into a bank account specified by the employee, or other financial
institutions acceptable to the Department and Union.
6.12.3 Employees shall be
paid within two pay periods of the date of any work performed under this Award.
6.13 Payroll
Deductions
6.13.1 Except as provided
for in subclause 6.13.2, all salary deductions shall be made in accordance with
Treasury Guidelines.
6.13.2 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.
6.14 Method of
Calculation of any Future Adjustment
6.14.1 The Retainers at
Table 1 of Part B shall in future be adjusted by calculating the increase for
each 100% Level Retainer to the nearest cent and then calculating the remaining
Levels for each classification by the corresponding percentage, with the Base
Level Retainer at subclause 6.3.1.1 to be calculated at 25% and the Base Level
Retainers at subclauses 6.3.1.2 and 6.3.1.3 to be calculated at 37.5%.
6.14.2 The Rates of Pay
for Entitlement Codes M to Z inclusive at Table 2 of Part B shall in future be
adjusted:
6.14.2.1 firstly, by calculating the increase for the Deputy Captain
classification to the nearest cent to arrive at a new 1st hour, 100% rate and:
6.14.2.2 secondly,
by then multiplying the new 100% rate by 80%, by 90% and by 112% and rounding
each result to the nearest cent to arrive at the new rate for the Recruit Firefighter, Firefighter and
Captain classifications respectively, and
6.14.2.3 thirdly,
by then multiplying the new 100% rate and each of the new rates produced by
subclause 6.14.2.2 by 107% and then rounding each result to the nearest cent to
arrive at the new rates for the corresponding CFR classifications, and
6.14.2.4 finally, by then dividing each of the new 1st hour rates
produced by this subclause by two and then rounding to the nearest cent in
order to arrive at the corresponding new half hour rate for each
classification.
6.14.3 The Rates of Pay
for Entitlement Codes RASF, RASDC and RASC at Table 2 of Part B shall in future
be adjusted:
6.14.3.1 firstly, by calculating the increase for the Firefighter rate at Entitlement Code RASF to the nearest
cent, and
6.14.3.2 secondly,
by then subtracting the new Firefighter rate at
Entitlement Code O from the new Royal Easter Show firefighter
rate at Entitlement Code RASF, and
6.14.3.3 thirdly, by then adding the amount produced at subclause
6.14.3.2 to the new Deputy Captain rate at Entitlement Code S and to the new
Captain rate at Entitlement Code W to arrive at the new Royal Easter Show rates
for the Deputy Captain and Captain classifications at Enititlement
Codes RASDC and RASC respectively.
7. Higher Duties
7.1 In selecting Firefighters to perform Higher Duties at the Deputy Captain
classification, or Deputy Captains (including Acting Deputy Captains) to perform
Higher Duties at the Captain classification, a merit based selection process
need not be applied provided, firstly, that in making such appointments the
Department shall have regard to the principles of equitably sharing career
development opportunities, and secondly, that as soon as it becomes known that
the duration of the relief may last for two months or more then expressions of
interest are to be called for from employees holding the relevant
classification and determined on the basis of merit selection.
7.2 An employee
shall not be entitled to perform Higher Duties unless the employee is qualified
to perform such duties.
7.3 An employee
performing Higher Duties shall be paid for the period of relief, the difference
between the employee’s usual hourly rates of pay and the hourly rates of pay
for the classification in which the Higher Duties are performed. Provided that:
7.3.1 The difference
between the employee’s Retainer payment and the Retainer payment for the
classification in which the Higher Duties are performed shall not be paid
unless the Higher Duties are performed for a continuous period of seven days or
more; and
7.3.2 The employee
shall do so at their ordinary Retainer Level (eg,
Base, 50%, 75% or 100%) and not at the Level of the employee into whose
position they are acting unless the employee who is performing the Higher
Duties agrees otherwise.
7.4 Attendance at
an Incident
7.4.1 Any Higher
Duties entitlement in terms of this clause which was actually being paid, or
which should have been paid, during a period immediately prior to an incident,
shall not be diminished as a consequence of the incident.
7.4.2 Except as
provided for in 7.4.1, the only other circumstances under which a Higher Duties
payment is to be made during an incident is in a case where neither the Captain
nor the Deputy Captain of that Brigade attends the incident. In such cases,
only one employee shall be entitled to a Higher Duties payment at the Deputy
Captain hourly rate of pay and that employee shall be the employee who was in
charge of the Brigade
for the majority of the time. To avoid doubt, in the case of attendance by
multiple Retained Brigades, a Higher Duties payment shall be made to the
relevant employee from each Brigade whose Captain and
Deputy Captains(s) do not attend the incident.
7.4.3 For the purposes
of 7.4.2, the term "Captain" and "Deputy Captain" shall
also mean "Acting Captain" and "Acting Deputy Captain" in
cases where an employee was, during the period immediately prior to the
incident, the Acting Captain or Acting Deputy Captain in terms of this clause.
8. Meals and
Refreshments
8.1 Attendance at
an Incident
8.1.1 For the purposes
of this clause, an "incident" also includes hazard reduction.
8.1.2 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.
8.1.3 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.
8.2 Payment in Lieu
of the Provision of Refreshments/Meals
8.2.1 Where
Refreshments are not provided in terms of subclause 8.1.2, the Refreshment
Allowance set at Entitlement Code "RA" of Table 3 of Part B, shall be
paid.
8.2.2 Where an
Emergency Meal is supplied in lieu of a Substantial Meal, the Refreshment
Allowance set at Entitlement Code "RA" of Table 3 of Part B, shall be paid.
8.2.3 Where a
Substantial Meal or Emergency Meal is not provided in terms of subclause 8.1.3,
the Meal Allowance set at Entitlement Code "MA" of Table 3 of Part B,
shall be paid.
8.3 Calculation of
Future Adjustments to Refreshments/Meal Allowances
8.3.1 The allowances
referred to in this clause shall be calculated as follows:
8.3.1.1 The
Meal Allowance at Entitlement Code "MA" of Table 3 of Part B, 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 as subsequently adjusted pursuant to subclause 8.3.1.3.
8.3.1.2 The
Refreshment Allowance at Entitlement Code "RA" of Table 3 of Part B, is half, rounded to the nearest five cents, of the amount
at Entitlement Code "MA" of Table 3 of Part B.
8.3.1.3 The
amounts specified in subclauses 8.3.1.1 and 8.3.1.2 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).
9. Use of Personal
Transport
9.1 Attendance at
an incident
9.1.1 Where it is
necessary for an employee to use the employee’s private vehicle to attend an
incident, the employee shall be paid at the rate prescribed at Entitlement Code
"KM" of Table 3 of Part B, per kilometre, as follows:
9.1.1.1 The return
distance from the employee’s residence to the station or the distance actually
travelled on the forward and return journeys to the station, which ever is the lesser, provided that payment shall be
limited in all instances to a return distance of 14 kilometres; and
9.1.1.2 The
return distance from the station to the incident, if it is necessary for the
employee to use the employee’s private vehicle to travel from the station to
the incident.
9.2 Attendance at
Authorised Meetings and Other Duties
9.2.1 Where an
employee is required to use the employee’s private vehicle to attend such
meetings or to perform such other authorised duties as prescribed in subclause 6.6, the
employee shall be paid the rate prescribed at Entitlement Code "KM"
of Table 3 of Part B, of this Award per kilometre for the actual distance
necessarily and reasonably travelled for that purpose.
9.2.1.1 Provided
that where an employee is authorised to, and does, use his or her own private
vehicle and the principal purpose of the journey is, or is as a consequence of,
the transportation of the Department’s equipment and/or appliances from one
location to another, then such employee shall be paid the appropriate rate per
hour prescribed for the employee’s classification in addition to the rate per
kilometre prescribed at Entitlement Code "KM" of Table 3 of Part B.
Provided further that, for the purposes of this subclause:
9.2.1.1.1 An
employee’s turnout gear shall not be regarded as equipment.
9.2.1.1.2 The
hourly rate shall be paid on a basis similar to travelling time. That is, no minimum period of payment and all
time to be paid to the minute.
9.2.1.1.3 Where
the reason for the journey is to attend an incident, the normal provisions of
this Award shall apply in lieu of the provisions of this subclause.
9.2.2 The provisions
of this clause shall not apply where transport is provided by the Department.
9.2.3 Employees who
are required to attend such meetings or perform such authorised duties, but do
not use their private vehicle and are therefore not entitled to claim the rate
prescribed at Entitlement Code "KM" of Table 3 of Part B, shall be
entitled to claim travelling time and/or travelling expenses in accordance with
clause 19, Travelling Compensation.
10. Annual Leave
10.1 On each
anniversary of an employee’s appointment to the Brigade, an employee shall be
entitled to annual leave. Such annual leave shall accrue at the rate of four
weeks for each completed year of service and shall, subject to subclause 10.8,
be taken in multiple periods of not less than 3 consecutive days.
10.2 An employee with
less than twelve months service may, subject to approval by the Department and
the requirements of subclause 10.1, take in advance leave which has accrued.
10.3 Wherever
possible, annual leave shall be taken within six months of the date on which
the leave becomes due. Provided that, in all cases, annual leave must be
granted and taken within twelve months of the date on which it becomes due.
10.4 As far as
possible, annual leave shall be granted to coincide with the employee’s leave
period from the employee’s primary form of employment.
10.5 Payment for
annual leave shall be calculated on the weekly average of the total amount paid
by the Department to the employee for the twelve months immediately prior to
the date on which leave is commenced excluding any periods of Special Leave Without Pay, unpaid leave and/or suspension. For the
purposes of this subclause, "total amount" shall include all payments
made to the employee by the Department, excluding the RTAS Allowance and
payments made as compensation or reimbursement for expenses (eg. payments for meals, accommodation and for kilometres
travelled).
10.6 An employee who
is directed to return to duty in the case of an emergency whilst on annual leave, shall have any day or part thereof recredited.
10.7 An employee
shall be paid in advance for a period of approved annual leave, providing such
employee has given a minimum of six weeks written notice of the date on which
the leave is to commence.
10.8 An employee may
elect, with the consent of the Department, to take annual leave not exceeding
ten days in single-day periods in any calendar year.
11. Compassionate
Leave
11.1 An employee,
other than a casual employee, shall be entitled to up to two days compassionate
leave without deduction of pay, on each occasion of the death of a person as
prescribed in subclause 11.3 of this clause.
11.2 The employee
must notify the employer as soon as practicable of the intention to take
compassionate leave and will, if required by the employer, provide to the
satisfaction of the employer proof of death.
11.3 Compassionate
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of Carer’s
Leave as set out in subparagraph 15.1.3.2 of clause 15, Carer’s Leave, provided that, for the purpose
of compassionate leave, the employee need not have been responsible for the
care of the person concerned.
11.4 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.
11.5 Compassionate
leave may be taken in conjunction with other leave available under subclauses 15.2
and 15.3 of clause 15. In determining such a request, the employer will give
consideration to the circumstances of the employee and the reasonable
operational requirements of the Department.
12. Long Service Leave
12.1 Subject also to
the provisions of subclause 12.9, an employee shall be entitled to long service
leave calculated on the following bases:
12.1.1 For all continuous
service prior to 1 April 1963, and provided that such previous service is also
continuous with the employee’s current service, at the rate of three months,
for twenty years of service.
12.1.2 For all continuous
service on and subsequent to 1 April 1963, in the case of an employee who has
completed ten years service, two months long service
leave and for each five years completed service thereafter, a further one month
long service leave.
12.2 On termination
of services, in respect of the number of years
service with the Department since the employee last became entitled to an
amount of long service leave, a proportionate amount on the basis of two months
for ten years service.
12.3 In the case of
an employee who has completed at least seven years service
and whose services are terminated or cease for any reason, such employee shall
be paid a proportionate amount calculated at the rate of two months for ten years
service.
12.4 In the case of
an employee who has completed at least five years but less than seven years service and whose services are terminated by the
Department for any reason, other than 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, such employee (or in the
event of the death of the employee, the employee’s estate) shall be paid a
proportionate amount calculated at the rate of two months for ten years service.
12.5 Long service
leave shall be granted subject to the convenience of the Department, as and
when such leave becomes due (i.e. after seven (7) years) or any time
thereafter. Provided that an employee shall give at least twenty (20) days notice in
writing of the intention to take such leave.
12.6 Long service
leave shall be paid at the rate of full pay which, for the purposes of this
clause, shall mean the greater average monthly remuneration received by the
employee calculated over either the preceding twelve months or five years
excluding any periods of Special Leave Without Pay,
unpaid leave and/or suspension. The averages referred to in this subclause
shall be calculated up to and including the end of the month immediately prior
to the month during which the long service leave is taken or commences, as the
case may be.
12.7 The term
"remuneration" referred to in subclause 12.6 shall include all
payments made to the employee by the Department, excluding the RTAS Allowance
and payments made as compensation or reimbursement for expenses (e.g., payments
for meals, accommodation and for kilometres travelled).
12.8 An employee who
is directed to return to duty in the case of an emergency while on long service
leave shall have any day or part thereof recredited.
12.9 Notwithstanding
anything elsewhere provided by this clause, effective on and from the date of
operation of this Award:
12.9.1 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.
12.9.2 employees
may apply to take a period of Long Service leave at double pay provided that:
12.9.2.1 The
additional payment will be made as a non-superable taxable allowance payable
for the period of the absence from work.
12.9.2.2 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.
12.9.2.3 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.
12.9.2.4 Superannuation
contributions will only be made on the basis of the actual absence from work,
i.e., at the single time rate.
12.9.2.5 Where an
employee elects to take Long Service leave at double pay, the minimum period of
actual absence should be not less than one (1) week.
12.9.3 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.
12.9.3.1 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.
13. Military Leave
13.1 Military leave
may be granted to employees who are volunteer part-time members of the Defence
Forces Reserves.
13.2 Such leave shall
be available in accordance with the following provisions on a twelve month to
twelve month basis, commencing on 1 July each year:
13.2.1 For members of the
Navy Reserve - thirteen calendar days for the purpose of annual training and
thirteen calendar days for the purposes of attending a school, class or course
of instruction, including in a teaching capacity.
13.2.2 For members of the
Army Reserve - fourteen calendar days for the purpose of annual training and
fourteen calendar days for the purposes of attending a school, class or course
of instruction, including in a teaching capacity.
13.2.3 For members of the
Air Force Reserve - sixteen calendar days for the purpose of annual training
and sixteen calendar days for the purposes of attending a school, class or
course of instruction, including in a teaching capacity.
13.3 Where a
Commanding Officer certifies in writing that it is obligatory for a member of
the Reserves to attend training for a period that exceeds the leave granted
under subclause 13.2, the Commissioner may grant further Military Leave up to
four calendar days in any one Military Leave year.
13.4 Periods of
approved Military Leave shall be regarded as Special Leave Without
Pay.
14. Parental Leave
14.1 Definition of
Parental Leave
14.1.1 For the purposes
of this clause, Parental Leave is Maternity Leave, Paternity Leave or Adoption
Leave.
14.1.2 Maternity Leave is
leave 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.
14.1.3 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.
14.1.4 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 years (other than a child who has
previously lived continuously with the employee for a period of at least six
months or who is a child or step-child of the employee or of the employee’s
spouse).
14.1.5 For the purposes
of this clause, "spouse" includes a de facto spouse and a former
spouse.
14.2 Entitlement to
Parental Leave
14.2.1 An employee is
entitled to parental leave, as provided by this clause, in connection with the
birth or adoption of a child.
14.2.2 Maternity Leave -
all female employees who do not have the necessary service as prescribed in
subclause 14.3.1 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.
14.2.3 Paid Maternity
Leave may be granted to a female employee subject to the following conditions:
14.2.3.1 The
female employee has applied for Maternity Leave within such time and in such
manner as herein set out.
14.2.3.2 Before
the expected date of birth has completed not less than forty 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.
14.2.3.3 In
addition to the unpaid or paid Maternity leave referred to in 14.2.2 &
14.2.3.2 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.
14.2.3.4 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.
14.2.4 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 14.3.1, from the time of placement of the child.
14.2.5 Paid Adoption
Leave may be granted to an employee adopting a child subject to the following
conditions:
14.2.5.1 The
employee has applied for Adoption Leave within such time and in such manner as
herein set out.
14.2.5.2 Before
the commencement of Adoption Leave the employee has completed not less than
forty weeks’ continuous service.
14.2.5.3 The
employee is to be the primary care giver of the child.
14.2.5.4 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.
14.2.5.5 In
addition to the unpaid or paid Adoption leave referred to in 14.2.4 &
14.2.5.4 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.
14.2.6 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:
14.2.6.1 an
unbroken period of up to one (1) week unpaid leave at the time of the birth of
the child, or other termination of the pregnancy (short paternity leave) 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
14.2.6.2 In
addition to the unpaid or paid Paternity leave referred to in 14.2.6.1, 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.
14.2.7 Except as provided
for in subclause 14.2.3 and 14.2.5, Parental Leave shall not extend beyond a
period of one year after the child was born or adopted.
14.3 Length of
Service for Eligibility
14.3.1 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 forty weeks’ continuous service.
14.3.2 There is no
minimum period of employment for eligibility for unpaid Parental Leave.
14.3.3 Continuous service
is service under one or more unbroken contracts of employment, including:
14.3.3.1 Any
period of authorised leave or absence.
14.3.3.2 Any
period of part-time work.
14.3.3.3 Full
or part-time service within the public sector.
14.4 Notices and
Documents required to be given to the Commissioner
14.4.1 Maternity Leave - The
notices and documents to be given to the Commissioner for the purposes of
taking Maternity Leave are as follows:
14.4.1.1 The
female employee should give at least eight weeks’ written or oral notice of the
intention to take the leave (unless it is not reasonably practicable to do so
in the circumstances).
14.4.1.2 The
female employee must, at least four weeks before proceeding on leave, give
written notice of the dates on which the employee proposes to start and end the
period of leave.
14.4.1.3 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.
14.4.2 Paternity Leave -
The notices and documents to be given to the Commissioner for the purposes of
taking Paternity Leave are as follows:
14.4.2.1 In the
case of extended Paternity Leave, the employee should give at least ten weeks
written or oral notice of the intention to take the leave (unless it is not
reasonably practicable to do so in the circumstances).
14.4.2.2 The
employee must, at least four weeks before proceeding on leave, give notice of
the dates on which the employee proposes to start and end the period of leave.
14.4.2.3 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.
14.4.2.4 In the
case of extended paternity leave, the employee must, before the start of leave,
provide a statutory declaration by the employee stating:
14.4.2.4.1 Any
period of Maternity Leave sought or taken by his spouse.
14.4.2.4.2 That he
is seeking that period of extended Paternity Leave to become the primary
care-giver of the child.
14.4.3 Adoption Leave - The
notices and documents to be given to the Commissioner for the purposes of
taking Adoption Leave are as follows:
14.4.3.1 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 ten weeks
before the expected date of placement (unless it is not reasonably practicable
to do so in the circumstances).
14.4.3.2 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
fourteen days before proceeding on such leave.
14.4.3.3 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.
14.4.3.4 In the
case of extended Adoption Leave, the employee must, before the start of such
leave, provide a statutory declaration by the employee stating:
14.4.3.4.1 Any
period of Adoption Leave sought or taken by his or her spouse.
14.4.3.4.2 The
employee is seeking that period of extended Adoption Leave to become the
primary care-giver of the child.
14.4.4 An employee does
not fail to comply with this clause if the failure was caused by:
14.4.4.1 The
child being born (or the pregnancy otherwise terminating) before the expected
date of birth.
14.4.4.2 The
child being placed for adoption before the expected date of placement.
14.4.4.3 Other
compelling circumstances.
14.4.5 In the case of the
birth of a living child, notice of the period of leave is to be given within
two 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
weeks after the placement of the child.
14.4.6 An employee must
notify the Commissioner of any change in the information provided under this
clause within two weeks after the change.
14.4.7 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.
14.5 Continuity of
Service
Parental leave does not break an employee’s continuity of
service, but subject to subclauses 14.5.1, 14.5.2 and 14.5.3 is not to be taken
into account in calculating an employee’s period of service for any other
purposes.
14.5.1 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.
14.5.2 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.
14.5.3 Unpaid Parental
Leave shall not count as service for determining any form of leave entitlement,
except for Long Service Leave in cases where at least ten years of service has
been completed and unpaid Parental Leave does not exceed six months.
14.6 Simultaneous
taking of Parental Leave
Subject to subclause 14.20.1.1, 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:
14.6.1 For maternity and
paternity leave, an unbroken period of up to one week at the time of the birth
of the child;
14.6.2 For
adoption leave, an unbroken period of up to three weeks at the time of the
placement of the child.
14.7 Cancellation of
Parental Leave
14.7.1 Before starting
leave - Parental leave applied for but not commenced is automatically cancelled
if:
14.7.1.1 The
employee withdraws the application for leave by written notice to the
Commissioner.
14.7.1.2 The
pregnancy concerned terminates other than by the birth of a living child or the
placement of the child concerned does not proceed.
14.7.2 After
starting leave -
If:
14.7.2.1 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:
14.7.2.1.1 If a
child is still-born the female employee may elect to take available Sick Leave
or Maternity Leave.
14.7.2.1.2 In the
event of a miscarriage any absence from work is to be covered by the current
Sick Leave provisions.
14.7.2.2 The
child in respect of whom an employee is then on Parental Leave dies, or
14.7.2.3 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 two 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.
14.7.3 The provisions of
subclause 14.7 do not affect an employee’s entitlement to special maternity
leave or special adoption leave.
14.8 Parental Leave
and other Leave
14.8.1 An employee may
take any annual leave or long service leave to which the employee is entitled
instead of, or in conjunction with parental leave.
14.8.2 However, the total
period of leave cannot be so extended beyond the maximum period of Parental
Leave authorised by this clause.
14.8.3 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.
14.8.4 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:
14.8.4.1 Annual
Leave or Long Service Leave.
14.8.4.2 In the
case of Maternity Leave - Sick Leave.
14.9 Employee and
Commissioner may agree to interruption of Parental Leave by return to work -
14.9.1 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:
14.9.1.1 A
female employee who gives birth to a living child shall not resume duty until
six 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.
14.9.1.2 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 weeks notice
(or less if acceptable to the Commissioner) of her intention to resume
maternity leave must be given.
14.9.2 The
period of leave cannot be extended by such a return to work beyond the maximum
period of leave authorised by this clause.
14.10 Extension of
period of Parental Leave
14.10.1 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 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.
14.10.2 Subject
to the provisions of subclause 14.20, 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.
14.10.3 This
subclause applies to an extension of leave whilst the employee is on leave or
before the employee commences leave.
14.11 Shortening of
period of Parental Leave
14.11.1 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 days before the leave is to come to an end.
14.12 Return to work
after Parental Leave
14.12.1 An
employee returning to work after a period of Parental Leave is entitled to be
employed in:
14.12.1.1 The
classification (if possible, at the same location) held by the employee
immediately before proceeding on that leave.
14.12.1.2 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.
14.12.2 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.
14.12.3 The
provisions of subclause 14.12 extend to a female employee returning to work
after a period of Special Maternity Leave and Sick Leave.
14.13 Payment
14.13.1 Payment
for the fourteen (14) weeks on full pay or twenty-eight (28) weeks on half pay
paid Maternity Leave may be made:
14.13.1.1 In advance in a lump sum.
14.13.1.2 On a normal fortnightly basis.
14.13.1.3 Payment
for such period of leave shall be calculated on the weekly average of the total
amount paid by the Department to the employee for the twelve months immediately
prior to the date on which leave is commenced excluding any periods of Special
Leave Without Pay, unpaid leave and/or suspension. For
the purposes of this subclause, "total amount" shall include all
payments made to the employee by the Department excluding the RTAS Allowance
and payments made as compensation or reimbursement for expenses (eg. payments for meals, accommodation and for kilometres
travelled).
14.13.2 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:
14.13.2.1 In advance in a lump sum.
14.13.2.2 On a normal fortnightly basis.
14.13.2.3 Payment
for such period of leave shall be calculated on the weekly average of the total
amount paid by the Department to the employee for the twelve months immediately
prior to the date on which leave is commenced excluding any periods of Special
Leave Without Pay, unpaid leave and/or suspension. For
the purposes of this subclause "total amount" shall include all payments
made to the employee by the Department excluding payments made as compensation
or reimbursement for expenses (eg. payments for
meals, accommodation and for kilometres travelled).
14.14 Commissioner’s
Obligations
14.14.1 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:
14.14.1.1 The
employee’s entitlements to Parental Leave under this clause.
14.14.1.2 The
employee’s obligations to notify the Commissioner of any matter under this
clause.
14.14.2 Records
- The Commissioner must keep for at least six 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.
14.15 Termination of
Employment because of Pregnancy etc
14.15.1 The
Commissioner must not terminate the employment of an employee because:
14.15.1.1 The
employee is pregnant or has applied to adopt a child.
14.15.1.2 The
employee has given birth to a child or has adopted a child.
14.15.1.3 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.
14.15.2 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.
14.15.3 This
clause does not affect any other rights of a dismissed employee.
14.16 Replacement
Employees
14.16.1 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).
14.16.2 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.
14.16.3 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.
14.17 Transfer
to a Safe Job
14.17.1 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 Work
Health and Safety Act 2011.
14.17.2 The
Commissioner is to temporarily adjust the employee’s working conditions or
hours of work to avoid exposure to risk as follows:
14.17.2.1 Where a
female employee is confirmed pregnant she is to notify the Regional Commander
or Officer-in-Charge as soon as possible who will, in turn, direct that she be withdrawn from operational firefighting
duties.
14.17.2.2
14.17.2.2.1 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.
14.17.2.2.2 Employees
will be provided with a maternity uniform for use when appropriate.
14.17.2.3 An
employee on maternity leave who gives birth to a living child shall not resume
operational firefighting duties until thirteen 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 Health Physician.
14.17.2.4 Duties
other than fire fighting may be undertaken after six weeks following the birth
of the child, if endorsed by the Occupational Health Physician.
14.17.2.5
14.17.2.5.1 Upon
withdrawal from operational firefighting duties
alternate work of a suitable nature is to be provided.
14.17.2.5.2 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.
14.17.3 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.
14.17.4 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.
14.18 Special Maternity
Leave and Sick Leave
14.18.1 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:
14.18.1.1 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.
14.18.1.2 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.
14.19 Special Adoption
Leave
14.19.1 An
employee who is seeking to adopt a child is entitled to up to two days unpaid
leave if the employee requires that leave to attend compulsory interviews or
examinations as part of the adoption procedure.
14.20 Right to request
14.20.1 An
employee entitled to parental leave may request the employer to allow the
employee:
14.20.1.1 to extend the period of simultaneous parental leave up to a
maximum of eight weeks;
14.20.1.2 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.
14.20.2 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.
14.20.3 Employee’s
request and the employer’s decision to be in writing:
The employee’s request and the employer’s decision made
under 14.20.1 and 14.20.2 must be recorded in writing.
14.21 Communication
during parental leave
14.21.1 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:
14.21.1.1 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
14.21.1.2 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.
14.21.2 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.
14.21.3 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 subclause
14.21.1.
15. Carer’s Leave
15.1 Use of Sick
Leave
15.1.1 An employee, other
than a casual employee, with responsibilities in relation to a class of person
set out in subclause 15.1.3.2, 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 15, 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.
15.1.2 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.
15.1.3 The entitlement to
use Sick Leave in accordance with this clause is subject to:
15.1.3.1 The employee
being responsible for the care of the person concerned.
15.1.3.2 The
person concerned being:
15.1.3.2.1 A
spouse of the employee.
15.1.3.2.2 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.
15.1.3.2.3 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.
15.1.3.2.4 A same
sex partner who lives with the employee as the de facto partner of that
employee on a bona fide domestic basis.
15.1.3.2.5 A
relative of the employee who is a member of the same household where, for the
purposes of this subclause:
15.1.3.2.5.1 "Relative"
means a person related by blood, marriage or affinity.
15.1.3.2.5.2 "Affinity"
means a relationship that one spouse, because of marriage, has to blood
relatives of the other.
15.1.3.2.5.3 "Household"
means a family group living in the same domestic dwelling.
15.1.4 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.
15.2 Unpaid Leave for
Family Purpose
15.2.1 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
15.1.3.2, who is ill.
15.3 Annual Leave
15.3.1 An employee may elect,
with the consent of the employer to take annual leave not exceeding ten days in
single-day periods, or part thereof, in any calendar year at a time or times
agreed by the parties.
15.3.2 An employee may
elect with the employers agreement to take annual leave at any time within a
period of 24 months from the date at which it falls due.
16. Sick Leave
16.1 In every case of
illness or incapacity sustained by an employee whilst off duty, the following
conditions shall apply.
16.2 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.
16.3 Subject to the
provisions of subclause 16.8, such employee shall forward to their immediate
supervisor, a medical certificate stating the nature of the illness or
incapacity and, if known, the date the employee is fit to resume duty. If a
medical certificate does not specify the date the employee is fit to resume
duty, the employee must, before being entitled to resume duty, furnish a
further medical certificate to the effect that the employee has recovered from
the illness or incapacity and is fit for duty, unless a person authorised by
the Commissioner dispenses with this requirement.
16.4 If so required,
such employee shall submit to an examination by, or arranged by, the
Department’s medical officer.
16.5 Every employee
who is absent from duty for a period of more than twenty-eight days will have
their case reviewed 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.
16.6 The granting of
Sick Leave, the duration thereof and the pay, if any, for the same shall be on
the following basis:
16.6.1 One week paid sick
leave for each year of service, cumulative, less any paid Sick Leave taken, to
a maximum of twenty six weeks.
16.6.2 Sick Leave beyond
that provided for in subclause 16.6.1 shall be Sick Leave without pay.
16.6.3 Payment for Sick
Leave shall be calculated on the weekly average of the total amount paid by the
Department to the employee for the twelve months immediately prior to the date
on which leave is commenced excluding any periods of Special Leave Without Pay, unpaid leave and/or suspension. For the purposes of this subclause,
"total amount" shall include all payments made to the employee by the
Department excluding the RTAS Allowance and payments made as compensation or
reimbursement for expenses (eg. payments for meals,
accommodation and for kilometres travelled).
16.7 Where payment
has been made for sick leave, under this clause, to an employee whose sick
leave entitlement has already been exhausted, or whose right to sick leave is not
established, the Department may deduct the amount overpaid from any future
payments made to the employee concerned in accordance with the provisions of
subclause 6.13.
16.8 Employees are
entitled to take unsupported sick leave absences, where no medical certificate
is required, subject to the following provisions:
16.8.1 Such absences may
not exceed 3 separate days in any calendar year; and
16.8.2 Such absences may
not be taken on consecutive days; and
16.8.3 Such absences may
not be taken on public holidays; and
16.8.4 Such absences may
not be taken in relation to any matter that may be covered by workers’
compensation.
17. Special Leave for
Union Activities
17.1 Attendance at
Union Conferences/Meetings
17.1.1 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:
17.1.1.1 Annual
or bi-annual conferences of the Union.
17.1.1.2 Annual
conferences of the United Firefighters Union of
Australia; and
17.1.1.3 Meetings
of the Union’s Executive/Committee of Management.
17.1.1.4 Annual
conference of Unions NSW.
17.1.1.5 Bi-annual
conference of the Australian Council of Trade Unions.
17.1.2 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:
17.1.2.1 Establishing
accreditation as a delegate with the Union.
17.1.2.2 Providing
sufficient notice of absence to the Department.
17.1.2.3 Lodging
a formal application for special leave.
17.1.3 Such leave is also
subject to the Union:
17.1.3.1 Providing
documentary evidence to the Department about an accredited delegate in
sufficient time to enable the Department to make arrangements for performance
of duties.
17.1.3.2 Meeting
all travelling, accommodation and any other costs incurred for the accredited
delegate.
17.1.3.3 Providing
the Department with confirmation of attendance of the accredited delegate.
17.1.4 Providing the
provisions of this clause are satisfied by both the employee and the Union, the
Department shall:
17.1.4.1 Release
the accredited delegate for the duration of the conference or meeting.
17.1.4.2 Grant
special leave (with pay).
17.1.4.3 Ensure
that the duties of the absent delegate are performed in his/her absence, if
appropriate.
17.1.5 Period of Notice -
17.1.5.1 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.
17.1.5.2 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.
17.1.6 Travel Time -
17.1.6.1 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.
17.1.7 Payment -
17.1.7.1 An
employee entitled to special leave in terms of this clause shall, for the
period of such special leave, be deemed to have attended any incident, drill or
other authorised duties which occurred at the employee’s Brigade during such
leave, and be paid accordingly.
17.1.8 Special leave in
terms of this clause shall count as service for all purposes.
17.1.9 Availability of
Special Leave -
17.1.9.1 Special
leave shall not be available to employees whilst they are on any period of
other leave.
17.2 Attendance at
Courses/Seminars Conducted or Supported by Trade Union Education Foundation
(TUEF).
17.2.1 Except where
inconsistent with the provisions of subclause 17.2, the provisions of subclause
17.1 of this clause shall also apply to attendance at courses or seminars
conducted or supported by TUEF.
17.2.2 Up to a maximum of
twelve days in any period of two years may be granted to employees who are
members of the Union.
17.2.3 The grant of leave
to attend courses or seminars conducted or supported by TUEF,
is subject to the following conditions:
17.2.3.1 Departmental
operating requirements permit the grant of leave and the absence does not
result in working of overtime by other employees.
17.2.3.2 Expenses
associated with attendance at such courses or seminars, eg.
fares, accommodation, meal costs, etc., will be
required to be met by the employee concerned but, subject to the maximum
prescribed in subclause 17.2.2, special leave may include travelling time
necessarily required to attend courses or seminars.
17.2.3.3 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.
17.3 Union officers
and staff
17.3.1 Employees who are
selected, by election or appointment, to hold a position of full time
employment with the Union or an honorary office on the Union’s State Committee
of Management may, upon request, have such dates and times as were reasonably
necessary for them to perform their Union duties excluded in accordance with
subclause 28.2 when determining their levels of attendance.
18. Court Attendance
Entitlements
18.1 The provisions
of this clause shall apply to employees attending Court (which term shall
include any related conferences) as a:
18.1.1 Result of the
duties performed by the employee in the employee’s position with the
Department, including attendance at an incident.
18.1.2 Witness for the Crown
but not as a result of the duties performed by the employee in the employee’s
position with the Department.
18.1.3 Witness in a
private capacity.
18.2 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.
18.2.1 Such attendance
shall be regarded as attendance in an official capacity and uniform must be
worn.
18.2.2 Other than monies
paid as reimbursement for loss of income as an employee of the Department,
employees may retain all monies paid in connection with their attendance as a
witness.
18.2.3 In addition to any
monies to which an employee may be entitled pursuant to subclause 18.2.2,
employees shall be paid at the rate applicable to the employee’s
classification, from the time the employee is required to attend Court to the
time on that day that the employee is no longer required by the Court.
18.2.4 Travelling time
and travel expenses in excess of any compensation therefor paid by the Court or
other party shall be compensated in accordance with clause 19, Travelling
Compensation.
18.2.5 Where the employee
is recalled to duty to attend Court while on Annual or Long Service Leave, such
employee shall be recredited with a full days leave,
for each day or part thereof.
18.2.6 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 shall be recredited and the entitlements provided for in subclauses
18.2.2, 18.2.3 and 18.2.4 shall apply.
18.3 Where an
Employee Attends Court
18.3.1 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; or as a witness in a Private Capacity,
(i.e., not subpoenaed by the Crown):
18.3.1.1 The
employee shall only be entitled to Special Leave Without
Pay from the Department to attend Court.
18.3.1.2 Any
claim for reimbursement of expenses, compensation for travelling time, lost
income etc. is to be made by the employee to the Court and/or the party issuing
the subpoena. The employee may retain
all monies paid as a consequence of such claims.
18.4 An employee who
attends jury duty is entitled to Special Leave Without
Pay for the duration of the jury duty if attending court affects their
availability to turn out. This leave is available whether or not the employee
accepts jury fees.
19. Training Course
Attendance Entitlements
19.1 The provisions
of this clause shall apply to attendance at training programs (other than
regular drills) delivered by, on behalf of, or approved by the Department.
19.2 Accommodation
19.2.1 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.
19.2.2 Where Departmental
accommodation is not provided to an employee with an entitlement to
accommodation, the relevant accommodation provisions prescribed by clause 20,
Travelling Compensation, shall be paid.
19.2.3 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.
19.2.4 Notwithstanding
the provisions of this subclause, 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.
19.3 Meals
19.3.1 All employees
attending training programs which extend for a whole day shall be provided with
morning/afternoon tea and lunch.
19.3.2 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 20, Travelling Compensation.
19.3.3 Employees who are
not required to accommodate themselves overnight shall, where appropriate, be
paid the relevant meal allowances prescribed by clause 20, Travelling
Compensation.
19.3.4 Meal allowances
are not payable during times at which an accommodation allowance (as prescribed
in subclause 19.2.2) has been paid. A component of the accommodation allowance
compensates for the costs associated with breakfast, lunch and evening meals.
19.4 Incidentals
19.4.1 Employees who are
provided with Departmental accommodation shall be entitled to claim the
appropriate incidental allowance as prescribed by clause 20, Travelling
Compensation.
19.4.2 The incidental
allowance cannot be claimed for any day during which an accommodation allowance
referred to in subclause 19.2.2, 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.
19.5 Travelling Time
19.5.1 Compensation shall
be in accordance with Clause 20, Travelling Compensation.
20. Travelling
Compensation
20.1 Travelling Time
- When an employee is required to travel for purposes other than attending
regular drills or incidents, the employee may apply for payment, at the rate
applicable to the employees’ classification, for time spent travelling subject
to the following:
20.1.1 Where the employee
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.
20.1.2 Travelling time
does not include time spent taking a meal when the employee stops a journey to
take the meal.
20.1.3 Travelling time
shall be calculated by reference to the use of the most practical and economic
means of transport.
20.1.4 Payment will not
be made or allowed for more than eight hours in any period of twenty-four
hours.
20.1.5 Where an employee
is in receipt of the kilometre allowance prescribed at Entitlement Code
"KM" of Table 3 of Part B, such employee shall not be entitled to
claim compensation for travelling time.
20.2 Meal Allowances
- When an employee is required to perform official duty at a temporary work
location, other than attendance at incidents or regular drills, 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:
20.2.1 For breakfast when
required to commence travel at/or before 0600 hours, the amount set at Item 1
of Table 5 of Part B.
20.2.2 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 2 of Table 5 of Part B, or an amount
equivalent to the additional expense, whichever is the lesser.
20.2.3 For an evening
meal when required to work or travel until or beyond 1830 hours, an amount set
at Item 3 of Table 5 of Part B.
20.2.4 Meal Allowances
shall not be paid where the employee is provided with an adequate meal.
20.3 Accommodation
Allowances - When an employee is required to perform official duty at a
temporary work location, other than attendance at incidents or regular drills,
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:
20.3.1 For the first
thirty five calendar days, the appropriate amounts set at Item 4 of Table 5 of
Part B.
20.3.2 The actual
necessary expenses for meals and accommodation (actuals), together with
incidental expenses as appropriate, set at Item 5 of Table 5 of Part B. The necessary expenses do not include morning
and afternoon tea.
20.3.3 After the first
thirty five calendar days and for up to six months an employee shall be paid an
allowance at the rate set at Item 6 of Table 5 of Part B 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:
20.3.3.1 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.
20.3.3.2 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.
20.3.4 The capital city
rate shall apply to Sydney as bounded by the GSA.
20.3.5
20.3.5.1 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.
20.3.5.2 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.
20.4 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 7 of Table 5, of Part B 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.
20.5 Additional
Provisions
20.5.1 Unless
specifically provided for in Clause 19, Training Course Attendance Entitlements
or Clause 18, Court Attendance Entitlements, the provisions of this clause
shall not apply in the circumstances provided for by those clauses.
20.5.2 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 total time of absence will exceed 13 hours, the employee may be
directed or may request that the employee reside temporarily at a place other
than the employee’s residence. In such cases, employees shall be entitled to
the accommodation allowances or reimbursement of expenses, as appropriate.
20.5.3 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.
20.5.4 When an employee
in receipt of an accommodation allowance is granted 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. No taxi fares or other incidental
expenses are payable.
20.5.5 Employees shall be
entitled, subject to Departmental approval, to use either their private vehicle
or public transport on the following basis:
20.5.5.1 Reimbursement
is not to be paid for a journey if an official motor vehicle is used for the
journey.
20.5.5.2 Where
employees are granted approval to use their private vehicles, such employees
shall receive the kilometre rate, set at Entitlement Code "KM" of
Table 3 of Part B, for the actual distance necessarily and reasonably
travelled. Employees in receipt of the rate set at Entitlement Code
"KM" of Table 3 of Part B, shall not be
entitled to the provisions of subclause 20.1, Travelling Time.
20.5.5.3 Employees
who are required to utilise public transport shall be reimbursed the necessary
costs incurred.
20.5.5.4 The
Commissioner is to consider the convenience of the employee when an employee is
required to travel to a temporary work location.
20.5.5.5 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 travel time and payment of allowances is
reasonably minimised.
20.5.6 Where a meal allowance
or an 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:
20.5.6.1 The
Commissioner may require the production of receipts or other proof that
expenditure was incurred.
20.5.6.2 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.
20.5.6.3 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.
20.6 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.
20.6.1 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.
20.6.2 In assessing
claims for 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, eg.
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.
20.6.3 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.
20.7 The amounts set
at Items 1 to 7 in Table 5 of Part B, 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).
21. Transfers
21.1 Subject to
satisfactory attendance and service and the employee meeting Departmental
residential guidelines, an employee may apply for a transfer from one Volunteer
Brigade to another Volunteer Brigade.
21.2 In the event
that the station to which the transfer is sought does not have a vacancy, the
Department may appoint such employee as a supernumerary. Where an employee is
not appointed as a supernumerary, such employee shall be placed on an
eligibility list for appointment at the station when a vacancy arises.
21.3 Where a transfer
does not result in a break in service, the employee’s service shall be regarded
as continuous.
21.4 Any employee
transferred from one Volunteer Brigade to another Volunteer Brigade shall not
be entitled to compensation or reimbursement of expenses in relation to that
transfer.
21.5 When an employee
is transferred to a new brigade, the employee’s seniority in the new brigade
will be determined as if that employee had always been with the new brigade,
that is, firstly by rank and in the case employees of equal rank, by length of
continuous service with FRNSW.
21.6 Employees
holding the rank of Captain and Deputy Captain must relinquish that rank before
they transfer, whereupon they will be placed in the new brigade in accordance with
subclause 21.5.
22. Procedures
Regarding Reports and Charges
22.1 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 48 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.
22.2 The employee
also shall be allowed to give and to call evidence on the employee’s own behalf
and to hear review all evidence given.
22.3 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.
22.4
22.4.1 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.
22.4.2 If the employee
disagrees with the report, the employee shall be entitled to make such a
notation on the report.
22.4.3 Evidence that the
employee has been shown the report will be by either the employee’s signature
thereon, or in accordance with subclause 22.4.4.
22.4.4 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.
22.4.5 Further to
subclause 22.4.4, 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.
22.4.6 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.
22.5 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 therefor, in writing, is
made by the employee.
22.6 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.
22.7 For the purposes
of this clause "Senior Officer" means the employee’s Senior Officer
or an Officer of a higher rank.
23. Acknowledgment of
Applications and Reports
23.1 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.
23.2 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.
23.3 The provisions
of this clause shall not apply in cases where other procedures are specifically
stipulated (eg. in Standing Orders or Commissioners
Orders).
24. Training and Staff
Development
24.1 The parties
confirm their commitment to training and staff development for employees of the
Department.
24.2 Employees
covered by this Award shall be required to complete appropriate training to
improve the productivity and efficiency of the Department’s operations.
24.3 Employees shall
be required to complete training in accordance with competency requirements as
determined by the Commissioner.
24.4 An employee may
be directed to carry out any duties appropriate to the employee’s
classification that are within the employee’s level of skill, competence and
training, provided that such direction does not promote deskilling.
24.5 Training Review
Committee (TRC)
24.5.1 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.
24.5.2 The structure of
the TRC will consist of 3 representatives of the Department and 3
representatives of the Union.
24.5.3 The Chairperson of
the Committee will alternate every 12 months between a nominee of the Department
and the Union.
24.5.4 The role of the
TRC will include (but not be limited to):
24.5.4.1 advising the Commissioner on the further development of
training throughout Fire and Rescue
NSW;
24.5.4.2 overseeing the implementation of a Competency Based Training
regime throughout Fire and Rescue NSW;
24.5.4.3 considering Recognised Prior Learning (RPL) policy generally
and in particular, it will consider individual applications for RPL.
24.5.5 Procedure
24.5.5.1 The TRC
will meet at least once every four weeks, or as otherwise agreed between the parties.
24.5.5.2 Members
of the TRC shall 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.
24.5.5.3 The TRC
will be adequately resourced by the Department so that it can effectively
fulfil the above roles.
24.5.6 The Commissioner
is not bound to accept the advice of the TRC and may act independently of the
TRC to implement changes to training within Fire and Rescue NSW provided that
notice of any such decision to implement change is notified in accordance with
clause 27.6, in which case clauses 27.7 to 27.9 inclusive shall apply.
25. Protective
Clothing and Uniforms
25.1 For the purpose
of this Clause:
25.1.1 "Personal
Protective Equipment" means external clothing designed for personal
protection at an incident.
25.1.2 "Duty
Wear" means duty wear trousers and duty wear shirt.
25.1.3 "Dress
Uniform" is limited to Dress Trousers, Slacks, Culottes, Skirts, Galatea
and Pullover.
25.2 The Department
shall supply to all employees two sets of appropriate Personal Protective
Equipment and Duty Wear which shall meet relevant National and/or International
Standards, or as otherwise agreed to with the Union.
25.3 Employees
supplied with the above clothing shall wear it in accordance with Departmental
instructions.
25.4 The provision of
wet weather gear shall be in accordance with existing practice.
25.5 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.
25.6 When an employee
retires, resigns or is terminated, the Personal Protective Equipment issued to
that employee shall be returned to the station to which the employee was
attached. As much of that returned Personal Protective Equipment shall be
retained at the station as is necessary to maintain an emergency supply of
spare Personal Protective Equipment, provided that only properly fitting,
cleaned and treated structure coats and overtrousers
may be re-issued to another employee and further, that all new employees will
be supplied with at least one new complete set of PPE regardless.
26. Disputes Avoidance
Procedures
26.1 Subject to the
provisions of the Industrial Relations
Act 1996, and Clause 27.2, and to enable claims, issues and disputes to be
resolved while work proceeds normally, the following
procedures are to apply.
26.2 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.
26.3 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.
26.4 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.
26.5 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.
26.6 No action is to
be taken by the Union which would affect the Department’s operations whilst a
dispute is under investigation.
26.7 Failing
agreement the claim, issue or dispute may be referred to the appropriate
Industrial Tribunal.
27. Organisational
Change under Subclause 27.2
27.1. This clause
recognises the capacity of the Commissioner to make decisions to effect change
within the Department.
27.2
27.2.1 This clause
applies to consultation and decisions regarding clause 24 (Training and Staff
Development) and clause 30 (Alcohol and Other Drugs), to the exclusion of the
procedures under clause 26.
27.2.2 This clause also
applies in circumstances where the Commissioner decides to amend, revoke or
replace the Procedural Guidelines specified in the Fire Brigades Amendment
(Disciplinary Process) Regulation 2012, which amends Part 4 of the Fire
Brigades Regulation 2008.
27.2.3 This clause also
applies to any proposal by the Department which will result in, or is likely to
result in, a substantial and ongoing reduction in the work collectively
available to a brigade’s employees.
27.3 Prior to making
any decision to effect change under the specified clauses the Commissioner must
consult with the Union.
27.4 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.
27.5 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.
27.6 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.
27.7 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 27.6,
there will be no implementation of the change for a further 14 days from the
date of notification, subject to any orders of the Industrial Relations
Commission.
27.8 The Union and
the Commissioner shall be bound by any order or determination of the Industrial
Relations Commission in relation to the dispute.
27.9 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 27.7 ceases to
operate.
28. Attendance and
Availability Requirements
28.1 The following
attendance guidelines shall apply to employees covered by this Award:
28.1.1 Attendance at
Incidents -
28.1.1.1 Employees
are required to attend a minimum of 33% of all calls received by the employee’s
brigade in any six month period.
28.1.1.2 Employees
are also required to attend a minimum of 80% of all calls received by the
employee’s brigade during periods of compulsory availability in any four week
period.
28.1.2 Attendance at
Drills - Employees are required to attend a minimum of
75% of all regular drills conducted at their brigade in any six month period.
28.2 Any calls
received or drills conducted during a period of approved leave or authorised
absence shall be deemed to have been attended at the relevant minimum level,
being either 33%, 75% or 80% subject to subclause
28.1, when determining an employee’s levels of attendance.
28.3 In cases where
an employee’s attendance falls below the requirements prescribed by subclause
28.1, the employee’s Area Commander shall notify the employee in writing of
such deficiency and inform the employee that his/her attendance will be
monitored over the next 3 months. If the employee’s attendance does not meet
the required levels pursuant to subclause 28.1.1 for that 3 month period then
disciplinary action may be initiated.
28.4 Employees who
have been notified in terms of subclause 28.3 may make application to the
Commissioner for special consideration.
28.5 The attendance
requirements referred to in subclause 28.1 may be altered by agreement between
the Department and the Union.
28.6 Compulsory
Availability
28.6.1 Employees are
required to declare a minimum number of hours during which they will be
available to respond over the course of the coming week, and the days and times
upon which this declared availability will apply. The minimum number of hours
required of each employee shall be known as compulsory availability, and shall
be determined by their current Retainer as provided at subclause 6.3.1.1.
28.6.2 Subject to
subclauses 28.6.3 and 28.6.4, the day(s) and time(s) of any period(s) of
compulsory availability shall be determined by the firefighter
in consultation with their Captain and the other employees attached to their
brigade and confirmed by each employee using an agreed system or, if the
Department and Union are not agreed, a system determined by the Industrial
Relations Commission.
28.6.3 Employees who have
not declared their compulsory availability for the requisite number of hours
for the week commencing 0001 hours Friday by 1800 hours on the Wednesday
immediately beforehand may be allocated the day(s) and time(s) of their
period(s) of compulsory availability for the coming week by the Duty Commander
in consultation, if practicable, with the brigade’s Captain, provided that an
employee on the Standard Retainer cannot be assigned to a Weekday Retainer
period without their consent.
28.6.4 If by 1800 hours
on the Wednesday it is found that a surplus number of employees have declared
their availability for a particular period then the Duty Commander may select
the surplus employee(s) and allocate alternate day(s) and time(s) of compulsory
availability for the employee(s) in consultation, if practicable, with them and
the brigade’s Captain, provided that an employee on the Standard Retainer may
not be reassigned to a Weekday Retainer period without their consent.
28.6.5 The surplus number
of employees referred to in subclause 28.6.4 shall be determined by reference
to the following table:
Minimum number of
employees required
|
Surplus number of
employees for the
|
to maintain safe
and effective staffing
|
purpose of
subclause 28.6.4
|
2
|
3 or more
|
4
|
6 or more
|
6
|
8 or more
|
8
|
10 or more
|
28.6.6 An employee who
has declared a particular day(s), time(s) and/or period(s) of availability for
the coming week may subsequently arrange a mutual exchange with another employee
provided that the minimum number of hours required of the employee by subclause
28.6.1 will still be met and further, that the exchange receives the prior
approval of the brigade’s Captain or Deputy Captain.
28.6.7 An employee who
has been allocated a particular day(s), time(s) and/or period(s) of
availability for the coming week pursuant to subclause 28.6.3 may apply to have
such day(s), time(s) and/or period(s) varied, either in whole or in part, by
written application to the Duty Commander, but must maintain that allocated
availability unless and until advised otherwise by the Duty Commander.
29. Attendance at
Major Emergencies
29.1 The provisions
of this clause shall apply to those employees who attend a Major Emergency
which has, following specification as such by the Commissioner, been deemed to
attract such entitlements.
29.2 Travel
Entitlements
29.2.1 Employees who are
required to collect their firefighting uniform from
the station shall be paid in accordance with subclause 9.1.1.1.
29.2.2 Employees who are
required to use their private vehicle to attend the incident or a "pick up
point" that is not at their station, shall be paid at the rate prescribed
at Entitlement Code "KM" of Table 3 of Part B, for the return distance
from the station to the incident or pick up point.
29.2.3 Employees who are
provided with transport for any part of the forward and return journeys between
their residence and the incident shall be entitled to be paid travelling time
at the appropriate rate of pay for the employee’s classification for the time
spent travelling, provided that:
29.2.3.1 Travelling
Time shall not be paid for any part of a journey where the employee received
payment under subclauses 29.2.1 or 29.2.2 of this Award; and
29.2.3.2 Travelling
Time for the forward journey shall be calculated as being the total time
between departure from the station or pick up point to arrival at the incident;
and
29.2.3.3 Travelling
Time for the return journey shall be calculated as being the total time between
departure from the incident to arrival at the pick up
point or station.
29.3 Accommodation
Entitlements
29.3.1 Employees who
reside further than 50 kilometres from the scene of the major emergency shall be
entitled to be provided with appropriate accommodation where their attendance
at the emergency extends beyond a single day or in such cases where it would be
unreasonable to travel at the conclusion of duty.
29.3.2 Notwithstanding
the provisions of subclause 29.3.1, the Commissioner may grant approval to
provide appropriate accommodation to employees who reside within 50 kilometres
of the scene of a major emergency.
29.3.3 Employees who are
provided with accommodation shall be entitled to claim the incidental allowance
prescribed at Item 7 of Table 5 of Part B, for each day of attendance.
29.3.4 Employees who have
an entitlement to accommodation but are not provided with appropriate
accommodation shall be entitled to claim an accommodation allowance in
accordance with subclause 20.3.
29.4 Meals
29.4.1 Employees shall be
provided with substantial meals for breakfast, lunch and dinner throughout the
period of attendance at a major emergency.
29.4.2 Where meals are
not provided to employees in accordance with subclause 29.4.1, an allowance set
at Entitlement Code "MA" of Table 3 of Part B shall be paid.
29.4.3 Where employees
are required to work between the meals provided for in subclause 29.4.1, such
employees shall be entitled to the refreshments and meals prescribed by
subclause 8.1.
29.5 Payment for time
spent in Attendance
29.5.1 Where an
employee’s period of attendance at a major emergency is less than 48 hours,
such employee shall be paid at the appropriate rate of pay for the employee’s
classification for the entire period of attendance.
29.5.2 Where an
employee’s period of attendance at a major emergency is greater than 48 hours,
such employee shall be paid at the appropriate rate of pay for the employee’s
classification for the following periods:
29.5.2.1 on the day of departure from the employees’ residence, the
period from the time of departure to 2400 Hrs; and
29.5.2.2 on the day of arrival at the employees’ residence following
attendance at the major emergency, the period from 0000 Hrs
to the time of arrival; and
29.5.2.3 for the
period between the day of departure to and the day of return from attendance at
a major emergency, all time less any periods of down time, provided that employees
will receive payment of a minimum of 16 hours per day.
29.5.3 For the purposes
of this subclause the "period of attendance at a major emergency"
shall mean the entire period from the time of departure from the employee’s
residence until the time of return to the employee’s residence following
attendance at the emergency.
29.5.4 For the purposes
of this subclause "periods of down time" shall mean periods of not
less than 8 consecutive hours where employees are neither performing
operational duties nor on stand by
to perform such duties.
30. Alcohol and Other
Drugs
30.1 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.
30.2 The Department
may develop a new Protocol, or revised policy or procedures following
consultation between the Department and the Union.
31. Salary Packaging
Arrangements, Including Salary Sacrifice to Superannuation
31.1 The entitlement
to salary package in accordance with this clause is available to permanent
part-time employees.
31.2 For the purposes
of this clause:
31.2.1 "salary" means the salary or rate of pay prescribed for
the employee’s classification by clause 6, Rates of Pay and Allowances, Part B of
this Award, and any other payment that can be salary packaged in accordance
with Australian taxation law.
31.2.2 "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.
31.3 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:
31.3.1 a benefit or benefits selected from those approved by the
Industrial Relations Secretary; and
31.3.2 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.
31.4 An election to salary
package must be made prior to the commencement of the period of service to
which the earnings relate.
31.5 The agreement
shall be known as a Salary Packaging Agreement.
31.6 Except in
accordance with subclause 31.7, 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.
31.7 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:
31.7.1 paid into the superannuation fund established under the First State Superannuation Act 1992; or
31.7.2 where the Department is making compulsory employer
superannuation contributions to another complying superannuation fund, paid
into the same complying fund; or
31.7.3 subject to the Department’s agreement, paid into another
complying superannuation fund.
31.8 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.
31.9 Where the
employee makes an election to salary package and where the employee is a member
of a superannuation scheme established under the:
31.9.1 Police Regulation (Superannuation) Act
1906;
31.9.2 Superannuation Act 1916;
31.9.3 State Authorities Superannuation Act
1987; or
31.9.4 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.
31.10 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 31.9 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.
31.11 Where the employee
makes an election to salary package:
31.11.1 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
31.11.2 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 B of this Award if the Salary Packaging Agreement had not
been entered into.
31.12 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.
31.13 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.
32. Employees’ Duties
32.1 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:
32.1.1 the direction is reasonable, and
32.1.2 the direction is not otherwise inconsistent with a provision
of this Award.
32.2 Any
direction issued by the Department pursuant to subclause 32.1 shall be
consistent with:
32.2.1 the provision of a safe and health working environment,
32.2.2 ensuring that the Department responds to relevant
technological changes and changes in its operating environment in a timely and
effective manner.
32.3 The parties to
this Award shall work collaboratively to ensure the effective and reasonable
operation of this clause.
33.
Anti-Discrimination
33.1 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.
33.2 It follows that
in fulfilling their obligations under the Disputes Avoidance Procedures
prescribed by Clause 26, 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.
33.3 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.
33.4 Nothing in this
Clause is taken to affect:
33.4.1 any conduct or act which is specifically exempted from
anti-discrimination legislation;
33.4.2 offering or providing junior rates of pay to persons under
21 years of age;
33.4.3 any act or practice of a body established to propagate
religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
33.4.4 a party to this Award from pursuing matters of unlawful
discrimination in any State or Federal jurisdiction.
33.5 This Clause does
not create legal rights or obligations in addition to those imposed upon the
parties by legislation referred to in this Clause.
34. No Extra Claims
34.1 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.
34.2 The terms of
subclause 34.1 do not prevent the parties from taking any proceedings with
respect to the interpretation, application or enforcement of existing award
provisions.
35. Area, Incidence
and Duration
35.1 This Award
rescinds and replaces the Crown Employees (Fire and Rescue NSW Retained Firefighting Staff) Award 2016 published 19 February 2016
(379 IG101) as varied.
35.2 This Award shall
take effect on and from 17 February 2017 and shall remain in force until 16
February 2020.
PART B
MONETARY RATES
The following retainers, rates of pay and allowances are
effective on and from the dates shown.
Table 1 - Retainers
Clause
|
Retainers per fortnight
|
Retainer Level
|
Code
|
17 February
|
16 February
|
15 February
|
|
|
|
|
2017
|
2018
|
2019
|
|
|
|
|
$
|
$
|
$
|
6.3
|
Firefighters (all)
|
Base
|
A
|
68.30
|
70.00
|
71.75
|
|
|
50%
|
B
|
136.59
|
140.01
|
143.51
|
|
|
75%
|
C
|
204.89
|
210.01
|
215.26
|
|
|
100%
|
D
|
273.18
|
280.01
|
287.01
|
|
Deputy Captains (all)
|
Base
|
E
|
113.83
|
116.67
|
119.59
|
|
|
50%
|
F
|
151.77
|
155.57
|
159.46
|
|
|
75%
|
G
|
227.66
|
233.35
|
239.18
|
|
|
100%
|
H
|
303.54
|
311.13
|
318.91
|
|
Captains (all)
|
Base
|
I
|
127.49
|
130.68
|
133.94
|
|
|
50%
|
J
|
169.99
|
174.24
|
178.59
|
|
|
75%
|
K
|
254.98
|
261.35
|
267.89
|
|
|
100%
|
L
|
339.97
|
348.47
|
357.18
|
Table 2 - Rates of Pay
Clause
|
Description
|
Code
|
17 February
|
16 February
|
15 February
|
|
|
|
2017
|
2018
|
2019
|
|
|
|
$
|
$
|
$
|
6.3
|
Recruit Firefighter
|
1st hour
|
M
|
28.91
|
29.63
|
30.38
|
|
|
Each further ½
|
N
|
14.46
|
14.82
|
15.19
|
|
|
hour or part
|
|
|
|
|
|
Firefighter
|
1st hour
|
O
|
32.53
|
33.34
|
34.17
|
|
|
Each further ½
|
P
|
16.27
|
16.67
|
17.09
|
|
|
hour or part
|
|
|
|
|
|
CFR Firefighter
|
1st hour
|
Q
|
34.81
|
35.67
|
36.56
|
|
|
Each further ½
|
R
|
17.41
|
17.84
|
18.28
|
|
|
hour or part
|
|
|
|
|
|
Deputy Captain
|
1st hour
|
S
|
36.14
|
37.04
|
37.97
|
|
|
Each further ½
|
T
|
18.07
|
18.52
|
18.99
|
|
|
hour or part
|
|
|
|
|
|
CFR Deputy Captain
|
1st hour
|
U
|
38.67
|
39.63
|
40.63
|
|
|
Each further ½
|
V
|
19.34
|
19.82
|
20.32
|
|
|
hour or part
|
|
|
|
|
|
Captain
|
1st hour
|
W
|
40.48
|
41.49
|
42.53
|
|
|
Each further ½
|
X
|
20.24
|
20.75
|
21.27
|
|
|
hour or part
|
|
|
|
|
|
CFR Captain
|
1st hour
|
Y
|
43.31
|
44.39
|
45.51
|
|
|
Each further ½
|
Z
|
21.66
|
22.20
|
22.76
|
|
|
hour or part
|
|
|
|
|
6.7.1
|
Relief Duties,
|
1st three hours
|
RD3
|
181.76
|
186.30
|
190.96
|
|
all ranks
|
Each further hour
|
RDH
|
72.71
|
74.52
|
76.39
|
6.8.1
|
Royal Easter Show
|
Firefighters (all)
|
RASF
|
50.31
|
51.57
|
52.86
|
|
|
per hour
|
|
|
|
|
|
|
Deputy Captains
|
RASDC
|
53.92
|
55.27
|
56.66
|
|
|
(all) per hour
|
|
|
|
|
|
|
Captains (all) per
|
RASC
|
58.26
|
59.72
|
61.22
|
|
|
hour
|
|
|
|
|
Table 3 - Allowances
Clause
|
Description
|
Code
|
17 February
|
16 February
|
15 February
|
|
|
|
2017
|
2018
|
2019
|
|
|
|
$
|
$
|
$
|
6.9
|
RTAAS Allowance
|
per fortnight
|
RTAS
|
15.29
|
15.67
|
16.06
|
6.7.3,
|
|
|
|
|
|
|
9 (all),
|
Kilometre
|
per kilometre
|
KM
|
1.25
|
1.28
|
1.31
|
20.5.5,
|
Allowance
|
|
|
|
|
|
29.2
|
|
|
|
|
|
|
8.2.2,
|
Meal Allowance
|
per meal
|
MA
|
# 29.40
|
# 29.40
|
# 29.40
|
8.3.1,
|
|
|
|
|
|
|
29.4.2
|
|
|
|
|
|
|
8.2.1,
|
Refreshment
|
per meal
|
RA
|
# 14.70
|
# 14.70
|
# 14.70
|
8.3.1
|
Allowance
|
|
|
|
|
|
Note 1: The amounts marked (#) are subject to adjustment on
1 July each year in accordance with subclause 8.3.
Table 4 - Authorised Duties
Attendance at:
|
|
• Bushfire
Management Committee Meetings
|
|
• Local/District Emergency
Management Committee Meetings
|
|
• Local Government
Meetings
|
|
• Zone/Regional
conferences and information days
|
|
•
Other such meetings as authorised by the Department.
|
Completion of Fire Reports where insufficient time available
at the conclusion of calls
|
Testing of Fire Alarms
|
Attendance at station to enable service and maintenance
work to be carried out
|
Station maintenance (i.e. lawn mowing, cleaning, BA and
equipment checks)
|
Performance of Engine Keeper duties
|
Transporting FRNSW equipment in private vehicle
|
Restowing of Firefighter
vehicles
|
Hose Repairs
|
Transporting a Firefighting
Vehicle for servicing and/or repairs from the Station to another location
|
Recharging of BA cylinders
|
Participation in selection committees
|
Attendance at PR activities (i.e. open days, fetes, career
markets, information displays, etc.)
|
Attendance at Public Education
activities (i.e. sessions in schools/community groups, smoke alarm campaigns)
|
Participation in joint training sessions/exercises with
other emergency services
|
Attendance at training exercises/schools additional to the
regular drill program
|
Hydrant Inspections
|
Pre-incident planning exercises
|
Table 5 - Travelling Compensation Allowances
Item
|
Clause
|
Description
|
Unit
|
On and from 1 July 2016
|
No.
|
No.
|
|
|
|
1
|
20.2.1
|
Breakfast
|
Per meal
|
##
|
^^
|
|
|
|
|
$ 26.45
|
$ 23.70
|
2
|
20.2.2
|
Lunch
|
Per meal
|
##
|
^^
|
|
|
|
|
$ 29.75
|
$ 27.05
|
3
|
20.2.3
|
Dinner
|
Per meal
|
##
|
^^
|
|
|
|
|
$ 50.70
|
$ 46.65
|
|
|
Accommodation first 35 days
|
|
|
|
|
(includes all meals)
|
|
|
|
|
- Capital Cities
|
|
$310.95 Sydney
|
|
|
|
|
$282.95 Adelaide
|
|
|
|
|
$330.95 Brisbane
|
|
|
|
|
$293.95 Canberra
|
|
|
|
|
$341.95 Darwin
|
|
|
|
|
$257.95 Hobart
|
|
|
|
|
$298.95 Melbourne
|
|
|
|
|
$328.95 Perth
|
|
|
|
|
|
|
|
- High Cost Country
Centres
|
|
$290.95 Bourke
|
|
|
|
|
$265.95 Gosford
|
|
|
|
|
$277.95 Maitland
|
|
|
|
|
$260.95 Mudgee
|
|
|
|
|
$290.95 Newcastle
|
|
|
|
|
$454.95 Norfolk Island
|
|
|
|
|
$280.95 Orange
|
4
|
20.3.1
|
|
Per day
|
$265.95 Port Macquarie
|
|
|
|
|
$269.95 Wagga Wagga
|
|
|
|
|
$261.95 Wollongong
|
|
|
|
|
|
|
|
- Tier 2 Country
Centres
|
|
$248.45 Albury
|
|
|
|
|
$248.45 Armidale
|
|
|
|
|
$248.45 Bathurst
|
|
|
|
|
$248.45 Bega
|
|
|
|
|
$248.45 Broken Hill
|
|
|
|
|
$248.45 Coffs Harbour
|
|
|
|
|
$248.45 Cooma
|
|
|
|
|
$248.45 Dubbo
|
|
|
|
|
$248.45 Goulburn
|
|
|
|
|
$248.45 Griffith
|
|
|
|
|
$248.45 Gunnedah
|
|
|
|
|
$248.45 Lismore
|
|
|
|
|
$248.45 Muswellbrook
|
|
|
|
|
$248.45 Nowra
|
|
|
|
|
$248.45 Queanbeyan
|
|
|
|
|
$248.45 Tamworth
|
|
|
|
|
$248.45 Tumut
|
|
|
|
|
|
|
|
- Other Country Centres
|
|
$ 226.45
|
5
|
20.3.2 &
|
Actual Necessary Expenses - all locations
|
Per day
|
$ 19.05
|
|
29.3.3
|
|
|
|
6
|
20.3.3
|
Accommodation -
|
Per day
|
50% of the appropriate
|
|
|
after first 35 days and up to 6 mths
|
|
location rate
|
7
|
20.4
|
Incidental Expenses
|
Per day
|
$ 19.05
|
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.
I.
TABBAA, Acting Chief Commissioner.
____________________
Printed by the authority of the Industrial Registrar.