Crown
Employees (Rural Fire Service) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 106 of 2012)
|
Before The Honourable Mr
Justice Staff
|
12 April 2012
|
REVIEWED
AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Title
3. Parties to
the Award
4. Definitions
5. Classification
and Salary Rates
6. Conditions
of Employment
7. Hours of
Work
8. Attendance
and Working Arrangements
9. Background
to Work Hours Arrangements
10. Requirement
to Work Additional Hours
11. Agreed
Absences
12. Annualised
Conditions Allowance (ACA)
13. After Hours
Allowance
14. District
Support Staff/Fleet Positions and Allowances
15. Major
Incident Conditions
16. Operations
Customer Support Centre (OCSC)
17. Staff
Members who are Volunteer Members
18. Grievance
and Dispute Resolution Procedures
19. Anti-Discrimination
20. Area,
Incidence and Duration
PART B
MONETARY RATES
21. Schedule A
- Salary Rates - RFS Officers
22. Schedule B
- Salary Rates - RFS Officers (OCSC)
23. Schedule C
- Allowances
2. Title
2.1 This Award shall
be known as the Crown Employees (Rural Fire Service) Award.
3. Parties to the Award
3.1 Department of
Rural Fire Service and Director-General of the Department of Premier and
Cabinet; and
3.2 Public Service
Association and Professional Officer’s Association Amalgamated Union of New
South Wales.
4. Definitions
4.1 "Act"
means the Public Sector Employment and Management Act 2002.
4.2 "Association"
means the Public Service Association and Professional Officers' Association
Amalgamated Union of New South Wales.
4.3 "At the
convenience of" means the operational requirements permit the staff
member's release from duty or that satisfactory arrangements can be made for
the performance of the staff member's duties during the absence.
4.4 "Award"
means an award as defined in the Industrial Relations Act 1996.
4.5 "Business
Unit" means a section or part of the organisation that has a dedicated
budget and/or corporate goals or objectives that need to be achieved as part of
the overall strategic plan for the Rural Fire Service.
4.6 "Casual
Employee" means any employee engaged in terms of Chapter 2, Part 2.6
Casual Employees, of the Public Sector Employment and Management Act 2002 and
any guidelines issued thereof or as amended from time to time.
4.7 "Conditions
Award" means the Crown Employees (Conditions of Employment) 2009 Award or
award replacing it.
4.8 "Commissioner"
means the Division Head or Chief Executive Officer of the Rural Fire Service or
a person authorised by the Commissioner through delegated authority.
4.9 "Duty
Officer" means a staff member rostered for duty or operating after hours,
as directed by the Commissioner (under the Rural Fires Act), to serve as
coordinator of the Commissioner’s emergency response organisation by receiving
and passing on reports and other information, alerting reserve resources when
necessary, liaising with other organisations involved in emergency response and
performing normal duties as required.
4.10 "Incident"
means an unscheduled activity such as wildfire suppression, flood or storm
relief, search and rescue, cetacean rescue, accident and substance spill
attendance, or as otherwise approved by the Commissioner, but does not include
hazard reductions.
4.11 "Incident
Controller" means a staff member who has been appointed by the
Commissioner and is responsible for incident activities including the
development and implementation of strategic decisions and approving the
ordering and releasing of resources.
4.12 "Incident
Duties" means all work involved in incidents for which there is Rural Fire
Service participation from when an event is declared an incident, until it is
declared over by the incident controller.
Duties may include the initial reporting,
reconnaissance, organisation of resources, control, mop up, control to
completion of incident duties, and may involve office duties in the
organisation and direction of the emergency response as well as work at the
scene (refer to the Major Incident Conditions clause in this Award).
4.13 "JCC" -
means the RFS Joint Consultative Committee that meets on a regular basis to
formally address matters of mutual interest and concern, and encourage and
facilitate workplace reform and equitable, innovative and productive workplace
relations.
4.14 "Major
Incident Conditions" means the conditions that apply in circumstances
where an incident is declared by the Commissioner.
4.15 "Normal
work", for the purposes of the Grievance and Dispute Settling Procedures
in this Award, means the work carried out in accordance with the staff member's
position at the location where the staff member was employed, at the time the
grievance or dispute was notified by the staff member.
4.16 "On-call
(General)" means, unless already eligible for an on-call allowance under an
annualised arrangement or other industrial instrument, a staff member shall be
entitled to be paid an on call allowance when directed by the Rural Fire
Service to be on call outside the staff member's normal working hours.
4.17 "On-call
(Major Incident)" means the requirement for staff, as defined by this
Award, to respond to the Rural Fire Service's matters while on or off duty
without necessarily returning to their normal place of employment or residence,
the response being necessary to assist in bringing an incident to a
satisfactory conclusion.
This requirement does not include times when such staff
members are on approved annual or long service leave.
4.18 "SERM
Act" means the State Emergency and Rescue Management Act 1989.
4.19 "Service"
or "Rural Fire Service" or "RFS" means the Department of
Rural Fire Service as defined in Schedule 1 of the Act and also referred to as
the NSW Rural Fire Service.
4.20 "Staff"
or "Staff Member" means an officer or a temporary employee (including
District, Head Office, Region and Service Support Centre) as defined in the Act
and, unless otherwise specified in this Award, includes both full-time and
part-time staff.
5. Classification and Salary Rates
5.1 The
classification under this award is titled "RFS Officer".
5.2 The salary rates
are set out in Part B Monetary Rates, Schedule A - Salary Rates - RFS Officers
and Schedule B - Salary Rates - RFS Officers (OCSC) of this award.
5.3 The salary rates
are set in accordance with the Crown Employees (Public Sector - Salaries 2008)
Award or any variation or replacement award.
5.4 In accordance
with the arrangement commencing 1 July 2001, salary rates in Schedule A are
inclusive of annual leave loading.
5.5 Senior
Management positions are classified and graded as RFS Officers Level 14, Level
15 or Level 16.
5.6 There is no
broad banding of the Senior Management Levels 14, 15 and 16.
5.7 Annual
incremental progression within a level or broad banded levels shall be:
5.7.1 On the anniversary
of appointment to a position; and
5.7.2 Subject to a
satisfactory performance report by the Supervisor.
6. Conditions of Employment
6.1 The staff
members regulated by this award shall be entitled to the conditions of
employment as set out in this award and, except where specifically varied by
this award, existing conditions are provided for under the Public Sector
Employment and Management Act 2002, the Public Sector Employment and Management
Regulation 2009, Crown Employees (Public Service Conditions of Employment)
Award 2009 and the Crown Employees (Public Sector - Salaries 2008) Award or any
awards replacing these awards.
6.2 Where there may
be inconsistencies between this Award and the Crown Employees (Public Service
Conditions of Employment) Award 2009, or any other public service award,
agreement or industrial instrument that would otherwise cover staff of the
Rural Fire Service, the arrangements in this Award shall prevail.
7. Hours of Work
7.1 Notionally staff
will work a 35-hour week worked any time from Monday to Sunday.
7.2 The normal
working week shall be Monday to Friday with standard office hours from 9.00am
to 5.00pm.
7.3 The bandwidth
for working the 35 hours will normally be between 7.00am and 7.00pm unless
otherwise agreed.
7.4 The Rural Fire
Service shall take appropriate measures to comply with the provisions of the
Industrial Relations Act 1996 which require that the ordinary hours of
employment of staff shall not exceed a maximum of 35 hours per week, averaged
over a 12 week period.
7.5 Staff members
shall attend their place of employment for sufficient hours to perform their
duties and to service Business Unit clients.
The duties are those as defined in the approved Position Description for
the job and the agreed performance management criteria for the position staff
are appointed to or in which they are acting.
7.6 A settlement
period shall be each calendar month for the purposes of the taking or
accumulation of an agreed absence.
7.7 Local
arrangements between staff and supervisors will be aimed at achieving the key
result areas for each position in compliance with the Corporate Plan and the
corresponding Business Plan for each Business Unit.
7.8 Standard hours
are set and regular hours of operation as determined by the Commissioner from
time to time to meet organisational requirements.
7.9 Overtime is all
time approved or directed to be worked before 7.30am or after 6.00pm on a
normal workday between Monday to Friday, or on weekends and public holidays at
the direction of the Commissioner.
8. Attendance and Working Arrangements
8.1 There are no
fixed rules regarding attendance times or days and subsequently, there is no
requirement upon individuals to maintain any formal record of hours worked.
8.2 Staff members
may however choose to keep their own personal record or diary of hours worked
to ensure the provisions of the Industrial Relations Act 1996 as defined in
subclause 7.4 of clause 7, Hours of Work are complied with.
8.3 Within the
parameters of this clause, staff covered by this arrangement may reach mutual
agreement with their supervisor regarding hours of work.
8.4 Such working
hours need to be sufficient to satisfy the working requirements of the Business
Unit in accordance with agreed performance criteria.
8.5 Each Business
Unit will maintain a daily register of staff attendance.
8.6 This register
will also serve as the Monthly Leave Return required for auditing purposes to
confirm attendance of staff at work.
9. Background to Work Hours Arrangements
9.1 The arrangements
set out in this clause are those that apply to all categories of staff covered
by this Award unless otherwise specified by the Commissioner in accordance with
subclause 7.8 of clause 7, Hours of Work.
9.2 The work hours
scheme is based on a high level of trust and mutual respect between management
and staff and is designed to build on and maximise the level of positive
communication and understanding between management and staff.
9.3 Management and
staff agree that achievement of Corporate Goals, meeting deadlines, provision
of client services and completion of tasks in accordance with commitments is
the business of the Rural Fire Service.
9.4 The work hours
scheme is designed to provide a professional approach to the conduct of the
Rural Fire Service as a business with a substantial volunteer base, with a
balance between working life and private life for each staff member and
typified by "a fair day’s pay for a fair day’s work".
10. Requirement to Work Additional Hours
10.1 The Commissioner
may require a staff member to perform duty beyond the hours determined under
this award but only if it is reasonable for the staff member to be required to
do so.
10.2 A staff member may
refuse to work additional hours in circumstances where the working of such
hours would result in the staff member working unreasonable hours.
10.3 In determining
what is unreasonable, the following factors shall be taken into account:
10.3.1 the staff member’s
prior commitments outside the workplace, particularly the staff member’s family
and carer responsibilities, community obligations or study arrangements,
10.3.2 any risk to staff
member health and safety,
10.3.3 the urgency of the
work required to be performed during additional hours, the impact on the
operational commitments of the organisation and the effect on client services,
10.3.4 the notice (if
any) given by the Commissioner regarding the working of the additional hours,
and by the staff member of their intention to refuse the working of additional
hours, or
10.3.5 any other relevant
matter.
11. Agreed Absences
11.1 Staff members
covered by this arrangement shall be entitled to one day off per calendar month
every calendar year (except staff on standard hours) in recognition of the
hours worked and professional commitment to the organisation.
11.2 The day to be
absent from work shall be referred to as an "agreed absence" and
shall be taken at a time that is mutually agreed between the staff member and
supervisor.
11.3 By agreement, and
at the convenience of the Rural Fire Service, more flexible arrangements in
relation to agreed absences may be made between staff members and supervisors
on a local basis to meet personal and business requirements.
11.4 To meet either
unforeseen circumstances or regular deadlines such as end of financial year
accounts processing, staff members and supervisors may agree that staff members
may postpone an agreed absence for one or more months.
11.5 The taking of
postponed agreed absences is a matter for local arrangement between the staff
member and his or her supervisor.
11.6 Subject to
agreement, up to 5 agreed absences may be conserved by a staff member during
any one calendar year, during which
time:
11.6.1 conserved days may
be taken, subject to arrangement with the supervisor; or
11.6.2 up to five (5)
agreed absences may be "cashed in" at the staff member’s ordinary
salary rate of pay.
11.6.3 conserved days in excess
of five (5) at the end of each calendar year will be forfeited unless the
Commissioner approves otherwise.
12. Annualised Conditions Allowance (ACA)
12.1 The ACA is an
allowance paid in lieu of all foreseeable on-call, after hours, excess travelling
time, programmed overtime, uniform/laundry and garage/carport.
12.2 This is an
all-inclusive allowance capped at the maximum payable rate of 15% of the salary
in Schedule A, Salary Rates - RFS Officers, in accordance with the Matrix
below:
|
|
Program
|
After
|
Excess
|
On-call
|
Garage/
|
Uniform/
|
|
|
|
Overtime
|
Hours
|
Travel
|
|
Carport
|
Laundry
|
|
|
|
|
|
Time
|
|
|
|
|
|
Scenario 1
|
ü
|
ü
|
ü
|
ü
|
ü
|
ü
|
15.00%
|
|
Scenario 2
|
ü
|
ü
|
ü
|
|
ü
|
ü
|
14.00%
|
|
Scenario 3
|
ü
|
ü
|
|
ü
|
ü
|
ü
|
13.00%
|
|
Scenario 4
|
ü
|
|
ü
|
ü
|
ü
|
ü
|
12.00%
|
|
Scenario 5
|
ü
|
|
ü
|
ü
|
|
|
11.50%
|
|
Scenario 6
|
ü
|
ü
|
|
|
ü
|
ü
|
11.00%
|
|
Scenario 7
|
ü
|
|
ü
|
|
ü
|
ü
|
10.50%
|
|
Scenario 8
|
ü
|
|
ü
|
|
|
ü
|
10.00%
|
|
Scenario 9
|
ü
|
|
|
ü
|
ü
|
ü
|
9.00%
|
|
Scenario 10
|
ü
|
|
|
ü
|
|
|
8.50%
|
|
Scenario 11
|
|
ü
|
ü
|
|
ü
|
ü
|
8.00%
|
|
Scenario 12
|
ü
|
|
|
|
ü
|
ü
|
7.00%
|
|
Scenario 13
|
ü
|
|
|
|
|
|
6.50%
|
|
Scenario 14
|
|
ü
|
|
|
ü
|
ü
|
6.00%
|
|
Scenario 15
|
|
|
ü
|
|
ü
|
ü
|
5.00%
|
12.3 Where no scenario
exists in the Matrix to meet the particular requirements of an eligible staff
member, the next nearest percentage shall be requested with an accompanying submission
with full justification, and if supported by the manager, referred to the
Commissioner for due consideration.
12.4 The Director
Membership and Strategic Services is to be informed of any such approvals.
12.5 The exception to
subclause 12.1 of this clause is where major incident conditions are declared
or where extenuating circumstances exist and are approved by the Commissioner.
12.6 The ACA must be
applied for by a staff member and duly approved by an officer with the
appropriate RFS delegation.
12.7 The ACA applies
to a position and not to a staff member.
12.8 Where a staff
member in receipt of the ACA is seconded or temporarily transferred to a
position (or on a special project) for a period greater than 3 months and that
position does not attract the ACA, they will not receive the allowance for the
period they occupy the temporary position.
12.9 A staff member in
receipt of the ACA may, on an annual basis as at 30 June, elect to opt out of
the ACA and revert to the normal award provisions as they may apply.
12.10 The applicability
of the ACA is reviewed annually as at 30 June against the functionality of the
position through the ACA Review Panel.
12.11 The ACA Review
Panel comprises representatives from the RFS and the Association and it makes
recommendations to the Commissioner.
12.12 A staff member
who does not agree with the outcome of a particular review or decision in
relation to this clause may access the Service’s Grievance Handling Procedures
for resolution.
12.13 The ACA is not
considered salary for superannuation and termination purposes.
13. After Hours Allowance
13.1 The After Hours
Allowance is payable to staff for work undertaken outside of normal hours of
duty where the staff member will be required to be available for contact and
immediate response to a call and any minor follow up work that may result from
a call.
13.2 This allowance is
not payable where a staff member is eligible for an annualised allowance under
clause 12, Annualised Conditions Allowance of this Award.
13.3 A weekly
allowance as per Item 1 of Schedule C, Allowances of Part B, Monetary Rates
shall be paid to cover all time outside the normal working hours that a staff
member is required to be available for contact and immediate response to a
call.
13.4 In support of
payment of such an allowance, and where determined by the Commissioner, this
arrangement shall include the provision of an appropriate work area to perform
the functions required by the Rural Fire Service.
13.5 The allowance
shall compensate the staff member for routine incidents and minor follow-up
work that may result from a call.
13.6 Where a staff
member is rostered on duty under this clause on a public holiday, a day in lieu
will be given and is to be taken at a mutually agreeable time.
13.7 This allowance
can be rotated to accommodate other staff members rostered on to undertake
these duties as required.
13.8 In special
circumstances, application may be made to the Commissioner for the payment of
overtime over and above this allowance where extenuating circumstances can be
demonstrated that would not normally be covered by the intent of this clause.
14. District Support Staff/Fleet Positions and
Allowances
14.1 The Commissioner
shall, on application, approve the payment of the appropriate allowances as set
out in Item 2 of Schedule C, Allowances of Part B, Monetary Rates.
14.2 Training and
Multi-skilling
14.2.1 Following the
provision of adequate in house training, district support staff/fleet shall be
required to undertake a range of basic cross-classification activities within
statutory limitations.
14.2.2 District support
staff/fleet shall be required to undertake such cross classification activities
when there is insufficient work in a staff member’s normal classification or
where the reallocation of staff is required to meet the Rural Fire Service’s
exigencies.
14.2.3 Any district
support staff/fleet undertaking cross-classification activities in terms of
this subclause is required to carry out those activities in a responsible and
competent manner.
14.3 The Rural Fire
Service may enter into arrangements to engage Apprentices.
14.4 The District
Staff (Fleet) Allowances in Item 2 of Schedule C, Allowances of Part B,
Monetary Rates of this award are increased in accordance with the relevant tool
allowances in the Crown Employees (Skilled Trades) Award as varied from time to
time, and the Crown Employees Wages Staff (Rates of Pay) Award 2008 or any
replacement award for the electrical trades.
15. Major Incident Conditions
15.1 The following
conditions apply in circumstances where an incident is declared and/or approved
by the Commissioner or State of Emergency as declared under the SERM Act until
such time as the declaration of the incident is lifted.
15.2 Conditions
15.2.1 For the
purpose of calculating payment for incident duty, the salary rate shall be the
staff member’s substantive salary rate in Schedule A or Schedule B of Part B,
Monetary Rates.
15.2.2 Call
out to attend an incident will be paid in accordance with the provisions of
this Award.
15.2.3 All
travel to and from an incident will be paid as if part of the incident.
15.2.4 Start
and finish times:
15.2.4.1 On a
normal rostered day on, start will be from normal workplace and finish will be
on return to normal workplace, plus 30 minutes.
15.2.4.2 On a
rostered day off, start will be on leaving place of abode and finish will be on
return to place of abode, plus 30 minutes.
15.2.4.3 Where it
is not possible to return to place of abode or normal workplace, start will be
on leaving accommodation and finish will be at the time of the call and
finishing time will be on return to accommodation, plus 30 minutes.
15.2.5 A
normal shift is 7 hours, but staff members may be required to work up to a
maximum of 12 hours. However, the initial shift following the declaration of an
incident may extend to a maximum of 16 hours within the 24-hour period.
15.2.6 The
intention of this Award is to allow flexibility in exceptional circumstances;
e.g., new crews arriving late, unforeseeable worsening of the incident.
15.2.7 A
minimum 10-hour break, not including travelling time, must be taken between
shifts.
15.2.8 After
completion of 3 consecutive shifts on incident duties a 24-hour break, with
payment at single time rates, shall be provided before continuing with incident
duties. The 24-hour break is to be extended to 5 shifts for staff members
carrying out support functions (i.e., Catering Teams, Administration
Assistance).
15.2.9 It is
the responsibility of the Incident Controller or nominee to ensure that
reasonable shift and rest periods are adhered to.
15.2.10 If a
staff member is away from their own place of work for the purposes of attending
an incident, and are not required to work and it is not possible to return to their
home, seven hours normal pay will be paid per day until they return home or to
their usual place of work, whichever is the sooner.
15.2.11 Staff
members required to work on their allocated agreed absence will be allowed to
bank the day off to be cashed in or taken at a later date in accordance with
the work hours arrangements in this Award.
15.2.12 Staff
members directed to return from annual leave to attend an incident will be
compensated for pre-paid accommodation and return travel from their leave
destination to home at either first class rail travel or economy air travel
rate for themselves and any dependents or at official business rate if a
private vehicle is used.
15.2.13 Staff
members will be further compensated by single hourly rate for all hours
travelled. Such staff members will have the same option as staff members called
from an agreed absence day off.
15.2.14 No staff
member shall have time deducted from pay for meal breaks unless they are
actually relieved of incident duties for the period of the break and clean-up
time, e.g., 30-45 minutes. Where meals
are provided to a staff member on the ground and eaten in conjunction with
incident duties, no deduction will be made from pay.
15.3 Payment
Associated With Incidents
15.3.1 Shift
Loadings:
A shift worker employed on a shift shall be paid, for
work performed during the ordinary hours of any such shift, ordinary rates plus
the following additional shift loadings depending on the commencing times of
shifts:
|
Day
|
at or after 6am and
before 10am
|
Nil
|
|
Afternoon
|
at or after 10am and
before 1pm
|
10%
|
|
Afternoon
|
at or after 1pm and
before 4pm
|
12½%
|
|
Night
|
at or after 4pm and
before 4am
|
15%
|
|
Night
|
at or after 4am and
before 6am
|
10%
|
15.3.2 The
loadings specified in this subclause shall only apply to shifts worked from
Monday to Friday.
15.3.3 Weekends
and Public Holidays:
For the purpose of this clause any shift, the major
portion of which is worked on a Saturday, Sunday or Public Holiday, shall be
deemed to have been worked on a Saturday, Sunday or Public Holiday and shall be
paid as such.
15.3.4 Saturday
Shifts:
Shift workers working on an ordinary rostered shift
between midnight on Friday and midnight on Saturday, which is not a public holiday,
shall be paid for such shifts at ordinary time and one half.
15.3.5 Sunday
Shifts:
Shift workers working on an ordinary rostered shift
between midnight on Saturday and midnight on Sunday, which is not a public
holiday, shall be paid for such shifts at ordinary time and three quarters.
15.3.6 Public
Holidays:
For shift workers working on a Public Holiday, the
following shall apply:
15.3.6.1 Where a
shift worker is required to and does work on a Public Holiday, the shift worker
shall be paid at two and a half times the rate for time worked.
15.3.6.2 Such
payment shall be in lieu of weekend or shift allowances which would have been
payable if the day had not been a Public Holiday;
15.3.6.3 a shift
worker rostered off duty on a Public Holiday shall be paid one day’s pay for
that Public Holiday or have one day added to his/her annual holidays for each
such day;
15.3.7 These
allowances shall not apply to any overtime worked.
15.3.8 Staff
in receipt of an ACA shall have access to overtime in accordance with the
provisions of this clause at the rate of salary in Schedule A, Salary Rates -
RFS Officers.
15.4 Family
15.4.1 The
Rural Fire Service will compensate staff members for additional dependent care
expenses (receipts must be provided) relating to time worked during the
incident.
15.4.2 This
must be arranged with the Incident Controller as soon as practical and each
case will be assessed by the Incident Controller and approved by the
Commissioner.
15.5 Provision of
Meals and Accommodation whilst Working on Incident
15.5.1 The
Rural Fire Service will generally provide meals, including breakfast, lunch and
dinner, and provide supper for staff members working night shift.
15.5.2 If no
meal is supplied, a payment of an amount per meal as set out in the Crown
Conditions Award shall be made.
15.5.3 Wherever
possible, staff members will be allowed to return home or the Rural Fire
Service will provide suitable accommodation.
15.5.4 Where returning
home or to other accommodation is not possible or practical and the staff
members are required to camp, they will be paid the appropriate allowance as
set out in the Conditions Award.
15.6 "On
call"
15.6.1 "On
call" means the requirement for staff, as defined by this Award, to
respond to the Rural Fire Service's matters while on or off duty without
necessarily returning to their normal place of employment or residence, the
response being necessary to assist in bringing an incident to a satisfactory
conclusion.
15.6.2 This
requirement does not include times when such staff are on approved annual or
long service leave.
16. Operations Customer Support Centre (Ocsc)
16.1 The shift work
provisions of the Conditions Award shall apply unless otherwise specified in
this clause.
16.2 Roster Details
16.2.1 The
OCSC will operate on a 24 hour per day, 7 days per week basis across the whole
year.
16.2.2 Roster
arrangements shall be outlined in advance for staff.
16.2.3 The
rotating roster covers a 12 week period and staff will be rostered an equitable
allocation of shifts across the period and therefore across a full year.
16.3 Time Span of Each
Shift
16.3.1 The two
shift rosters operating each day for staff will be:
|
(i)
|
Day Shift
|
6am (06:00) to 6pm (18:00)
|
|
|
|
|
|
(ii)
|
Night Shift
|
6pm (18:00) to 6am (06:00)
|
|
|
|
|
|
|
Swing Shift
|
Rostered as required
|
16.3.2 Staff members will
be rostered to undertake 35 x 12-hour shifts per 12 weeks for a total of 420 ordinary
hours.
16.4 Swing Shift
16.4.1 A
"swing shift" (SS) will be allocated where the need arises to cover
busy periods.
16.4.2 The
Swing Shift may be staffed by an RFS staff member or by agency staff member
through an employment agency with suitable staff.
16.5 Staffing
16.5.1 Each
shift will consist of an RFS Officer (OCSC Senior Operator) Level B and an RFS
Officer (OCSC Operator) Level A.
16.6 Averaging-Out
Shift Penalties (ASP)
16.6.1 The shift
penalties applicable have been ‘Averaged-Out’ for all OCSC staff - abbreviated
to the "ASP".
16.6.2 The ASP
allows OCSC staff members to receive a consistent fortnightly salary payment,
which removes the need for frequent salary adjustment due to rotating shift
arrangements.
16.6.3 The
calculation of the ASP based on the 12-week roster is as follows:
|
Shifts
|
Type of Shift
|
Hours
|
Total
|
Loading
|
Total
|
|
|
12
|
Mon to Fri - Day
|
12:00
|
144:00
|
0%
|
0
|
144:00
|
|
|
11
|
Mon to Fri - Night
|
12:00
|
132:00
|
15%
|
19.80
|
151.80
|
|
|
|
Mon to Fri Total
|
|
|
|
|
|
295:80
|
|
6
|
Saturday Total
|
12:00
|
72:00
|
50%
|
36:00
|
108:00
|
|
|
|
6
|
Sunday Total
|
12:00
|
72:00
|
75%
|
54.00
|
126.00
|
|
|
|
|
Sat and Sun Total
|
|
|
|
|
|
234:00
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total Hours Paid
|
|
|
|
|
|
529:80
|
|
529:80 paid hours divided by 420 ordinary hours =
1.2614
To express 1.26 as a percentage: (1.2614 x 100%) = 126.14%
Therefore ASP = 26.14%
16.6.4 The ASP
is paid for all normal rostered work undertaken plus during periods of annual
leave, sick leave, family and community leave, special leave and study leave.
16.6.5 The ASP
will not compensate for Public Holidays, overtime worked and during periods of
extended leave, parental leave and military leave.
16.6.6 Public
Holidays and overtime will be paid at the appropriate Award rate.
16.7 Shiftwork
Rostering and Administration
16.7.1 In
compliance with the staffing requirement of this clause, a minimum of two (2)
people is required on every shift.
16.7.2 Shift
rosters will be developed to ensure the equitable allocation of shifts to all
OCSC staff wherever possible across the whole twelve (12) week period.
16.7.3 Formal
handovers will occur towards the end of the twelve (12) hour shift by the
Senior OCSC Operator through the completion in writing of the appropriate pro
forma documentation currently used in the OCSC.
16.7.4 Extra
shifts will be filled using the swing shift facility. RFS may use existing staff on overtime or temporary agency staff
on contract to staff the swing shifts as required.
16.7.5 Staff
meetings and announcements shall be through e-mail which has proved to be the
most efficient and equitable way to communicate with staff to date.
16.7.6 If a
staff member is to be absent from duty because of illness or other emergency,
the staff member shall notify or arrange for another person to notify the
supervisor as soon as possible of the staff member's absence and the reason for
the absence. Wherever possible, staff shall preferably provide a minimum of 24
hours notice.
16.7.7 Where a
staff member stays back to cover the late arrival of another staff member, the
extra hours past the twelve (12) hour shift shall be calculated at applicable
overtime rates. Staff members shall not be expected to work more than four (4)
extra hours.
16.7.8 Payment
for overtime shall be made only where the staff member works approved or
directed overtime.
16.7.9 Staff
who wish to change an allocated shift on the roster can do so through mutual
agreement with another staff member but must formally notify their manager of
such a change as soon as this is agreed in writing.
16.7.10 The
Rural Fire Service will maintain its ongoing support to flexible work practices
to assist staff meet their family and community service commitments on a
case-by-case basis.
16.8 Other Leave
Entitlements
16.8.1 With the operation
of a twelve (12) hour shift all leave taken will be calculated on an hourly
basis as demonstrated below with the sick leave comparison:
|
Sick leave for non-shift workers
|
Sick leave for 12 hr OCSC shift workers
|
|
|
Accrual
|
Debit
|
|
Accrual
|
|
Debit
|
|
|
Full Day
|
7:00 hrs
|
7:00 hrs
|
Full Day
|
7:00 hrs
|
Full Shift
|
12:00 hrs
|
|
|
½ Day
|
3:30 hrs
|
3:30 hrs
|
½ Day
|
3:30 hrs
|
½ Shift
|
6:00 hrs
|
|
|
¼ Day
|
1:75 hrs
|
1:75 hrs
|
¼ Day
|
1:75 hrs
|
¼ Shift
|
3:00 hrs
|
|
|
Sick Leave Entitlement is 15 days
|
Sick Leave Entitlement is 105 hours
|
15 days at 7 hours = Total converted entitlement of 105
hours.
16.8.2 The same
conversions apply to other leave such as annual leave:
20 days at 7 hours = Total converted entitlement of 140
hours.
16.9 Meal Breaks
16.9.1 The
shift roster provides for a one-hour paid crib break during a twelve (12) hour
shift taken in two 30 minute allocations.
16.9.2 Where a
staff member works an additional shift as approved or directed overtime, the
paid crib breaks as per 16.9.1 shall also apply.
16.9.3 No
staff member shall be required to work more than five (5) consecutive hours
without a meal break.
16.9.4 OCSC
Staff members may take a 10-minute tea break provided that the discharge of
public business is not affected and, where practicable; they do so out of the
view of the public contact areas.
16.10 Opportunities for
Training and Personal Development
16.10.1 The
twelve-week shift roster provides for operational training to be undertaken
during normal shift hours Monday to Friday in keeping with current practice.
16.11 Annual Leave and
Annual Leave Loading
16.11.1 OCSC
staff will be entitled to 4 weeks annual leave (converted to 140 hours), which
includes four weekends or rest days.
16.11.2 Payment
for leave loading is replaced by the ASP which attracts a higher remuneration
level.
16.12 Salary Rates and
Classification
16.12.1 The
salary rates in Part B Monetary Rates, Schedule B, RFS Officers (OCSC) of this
award apply to OCSC staff members.
17. Staff Members who are Volunteer Members
17.1 General
17.1.1 Staff members who
are volunteer members of, but not limited to:
NSW Rural Fire Service;
Bushwalkers’ Federation;
Cave Rescue Association;
State Emergency Service;
Royal Volunteer Coastal Patrol;
Volunteer Rescue Association of NSW (or affiliated
groups); or
Wireless Institute Civil Emergency Network;
Australian Volunteer Coast Guard Association.
May be granted special leave of up to 5 days in any
period of 12 months for the purpose of assisting as volunteers in one of the
above-mentioned organisations.
17.1.2 However, this
situation does not cover declared emergencies as described in subclause 17.2,
Declared Emergencies of this clause.
17.1.3 A staff member who
is a volunteer as described in this clause requires the permission of their
supervisor, or have pre approval, prior to attending any such volunteer activities.
17.1.4 A supervisor may
only approve of a volunteer attending a callout if it will have minimal affect
on the normal routine of the office.
17.2 Declared
Emergencies
17.2.1 If a situation arises
requiring an incident response, or an incident is declared under section 44 of
the Rural Fires Act 1997 or a State of Emergency is declared under the SERM
Act, staff who volunteer to assist are granted special leave with no limit.
17.2.2 Leave granted
under paragraph 17.2.1 is in addition to any leave granted in paragraph 17.1.1
of this clause.
17.2.3 Volunteers may
attend subject to the provisions of this clause.
17.3 Proof of
Attendance at Emergencies
17.3.1 An application for
leave must be accompanied by a statement from the Incident Controller, the
Local or Divisional Controller, or the Police, certifying the times of
attendance.
17.3.2 The leave
application should indicate the period and area of attendance together with the
name of the organisation to which the volunteer member belongs.
17.4 Rest Periods
17.4.1 If a volunteer
staff member remains on emergency duty for several days, the Commissioner may
grant special leave to allow reasonable time for recovery before returning to
duty.
17.4.2 If a volunteer
staff member assists in a rescue or major incident at a time such that it would
be unreasonable to expect them to report for duty at the normal time, the
Commissioner may grant up to 1 day special leave for rest.
17.4.3 In the emergency referred
to in the preceding two paragraphs is not a declared emergency, the leave
granted is included in the general 5 day annual limit prescribed in subclause
17.1, General of this clause.
17.5 Bush Fire
Fighting Training Courses
17.5.1 Rural Fire Service
volunteers nominated to attend courses approved by the Rural Fire Service or by
organisations recognised by the Rural Fire Service are to be granted the
necessary special leave to attend, up to a maximum of 10 working days in any
period of 12 months.
17.5.2 Approval of leave
is subject to the Rural Fire Service’s convenience and written confirmation of
attendance.
17.6 State Emergency
Service Courses
17.6.1 If the
Director-General of State Emergency Service considers it essential that an SES
volunteer staff member attend a course of training or lectures, the
Commissioner should make every effort to release the staff member from
duty. If the staff member is so
released, the necessary absence from work is regarded as being on duty.
17.6.2 The Director-General
of the State Emergency Service may nominate SES volunteer staff members for
attendance at courses of training or lectures when their attendance is not
regarded as essential. In these circumstances special leave may be granted for
the time staff members are absent from duty.
17.6.3 A certificate of
attendance is not necessary. The State
Emergency Service will advise the Rural Fire Service whether attendance is
required and any non‑attendance will be reported to the Rural Fire
Service.
17.7 Other Courses
with Volunteer Groups as Listed Above
17.7.1 The Commissioner
may grant special leave to attend training courses for any other approved
voluntary group as listed above.
18. Grievance and Dispute Resolution Procedures
18.1 All grievances
and disputes relating to the provisions of this Award shall initially be dealt
with as close to the source as possible, with graduated steps for further
attempts at resolution at higher levels of authority within the Rural Fire
Service, if required.
18.2 A staff member is
required to notify in writing their immediate Supervisor (unless the grievance
is with an immediate Supervisor in which case the notification may be made to
the next level of management) as to the substance of the grievance, dispute or
difficulty, requesting a meeting to discuss the matter, and if possible, state
the remedy sought.
18.3 Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti Discrimination
Act 1977) that makes it impractical for the staff member to advise their
immediate manager the notification may occur to the next appropriate level of
management, including where required, to the Commissioner or delegate.
18.4 The immediate
Supervisor or other appropriate officer shall convene a meeting in order to
resolve the grievance, dispute or difficulty within two (2) working days, or as
soon as practicable, of the matter being brought to attention.
18.5 If the matter
remains unresolved with the immediate Supervisor, the staff member may request
to meet the appropriate person at the next level of management in order to
resolve the matter.
18.6 The person at the
next level of management shall respond within two (2) working days, or as soon
as practicable.
18.7 The staff member
may pursue this sequence of reference to successive levels of management until
the matter is referred to the Commissioner.
18.8 The Commissioner
may refer the matter to the Director-General of the Department of Premier and Cabinet
for consideration.
18.9 Either party may
request a mutually agreed mediator to assist in the resolution of the matter.
18.10 If the matter
remains unresolved, the Commissioner shall provide a written response to the
staff member and any other party involved in the grievance, dispute or
difficulty, concerning action to be taken, or the reason for not taking action,
in relation to the matter.
18.11 A staff member,
at any stage, may request to be represented by their Association or agent.
18.12 The staff member
or the Association or agent on their behalf or the Commissioner may refer the
matter to the New South Wales Industrial Relations Commission if the matter is
unresolved following the use of these procedures.
18.13 The staff member,
Association, Agent, Rural Fire Service and director-General of the Department
of Premier and Cabinet shall agree to be bound by any order or determination by
the New South Wales Industrial Relations Commission in relation to the dispute.
18.14 Whilst the
procedures outlined in subclauses 18.1 to 18.12 of this clause are being
followed, normal work undertaken prior to notification of the dispute or
difficulty shall continue unless otherwise agreed between the parties.
18.15 In the case
involving occupational health and safety, if practicable, normal work shall
proceed in a manner which avoids any risk to the health and safety of any staff
member or member of the public.
19. Anti-Discrimination
19.1 It is the
intention of the parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate
discrimination in the workplace. This
includes discrimination on the grounds of race, sex, marital status, disability,
homosexuality, transgender identity, age and responsibilities as a carer.
19.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this Award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this Award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the Award, which, by its terms or operation, has a direct or indirect
discriminatory effect.
19.3 Under the
Anti-Discrimination Act 1977, it is unlawful to victimise a staff member
because the staff member has made or may make or has been involved in a
complaint of unlawful discrimination or harassment.
19.4 Nothing in this
clause is to be taken to affect:
19.4.1 any conduct or act
which is specifically exempted from anti-discrimination legislation;
19.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
19.4.3 any act or practice
of a body established to propagate religion, which is exempted under section
56(d) of the Anti-Discrimination Act 1977;
19.4.4 a party to this
Award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
19.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
19.5.1 Employers and
employees may also be subject to Commonwealth Anti-Discrimination Legislation.
19.5.2 Section 56(d) of
the Ant-Discrimination Act 1977 provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
20. Area, Incidence and Duration
20.1 This award shall
apply to officers, Departmental temporary employees and Casual employees as
defined in the Public Sector Employment and Management Act, 2002 employed in
the NSW Rural Fire Service listed in Schedule 1, Part 1, to the Public Sector
Employment and Management Act, 2002.
20.2 The changes made
to the Award pursuant to the Award Review pursuant to section 19(6) of the
Industrial Relations Act 1996 and Principle 26 of the Principles for Review of
Awards made by the Industrial Relations Commission of New South Wales on 28
April 1999 (310 I.G. 359) take effect from 12 April 2012.
20.3 Changes made to
this award subsequent to it first being published on 26 February 2010 (369 I.G.
1317) have been incorporated into this award as part of the review.
20.4 The award remains
in force until varied or rescinded, the period for which it was made having
already expired.
PART B
MONETARY RATES
21. Schedule A- Salary Rates - RFS Officers
21.1 These rates are
inclusive of Annual Leave Loading.
|
|
1.7.11
|
|
Classification and
Grades
|
$ Per annum
|
|
|
+2.5%
|
|
RFS Officer Level 1
|
|
|
Year 1
|
31,616
|
|
Year 2
|
38,236
|
|
Year 3
|
41,211
|
|
Year 4
|
42,339
|
|
Year 5
|
44,127
|
|
Year 6
|
44,927
|
|
Year 7
|
46,040
|
|
Year 8
|
47,746
|
|
Year 9
|
49,473
|
|
Year 10
|
51,299
|
|
RFS Officer Level 2
|
|
|
Year 1
|
54,127
|
|
Year 2
|
55,718
|
|
RFS Officer Level 3
|
|
|
Year 1
|
57,271
|
|
Year 2
|
58,842
|
|
RFS Officer Level 4
|
|
|
Year 1
|
60,511
|
|
Year 2
|
62,336
|
|
RFS Officer Level 5
|
|
|
Year 1
|
64,282
|
|
Year 2
|
66,257
|
|
RFS Officer Level 6
|
|
|
Year 1
|
71,429
|
|
Year 2
|
73,684
|
|
RFS Officer Level 7
|
|
|
Year 1
|
76,571
|
|
Year 2
|
78,816
|
|
RFS Officer Level 8
|
|
|
Year 1
|
81,178
|
|
Year 2
|
83,607
|
|
RFS Officer Level 9
|
|
|
Year 1
|
87,089
|
|
Year 2
|
89,856
|
|
RFS Officer Level 10
|
|
|
Year 1
|
92,535
|
|
Year 2
|
95,138
|
|
RFS Officer Level 11
|
|
|
Year 1
|
99,022
|
|
Year 2
|
101,971
|
|
RFS Officer Level 12
|
|
|
Year 1
|
107,024
|
|
Year 2
|
111,567
|
|
RFS Officer Level 13
|
|
|
Year 1
|
118,554
|
|
Year 2
|
123,775
|
|
RFS Officer Level 14
|
|
|
Year 1
|
138,497
|
|
Year 2
|
149,234
|
|
RFS Officer Level 15
|
|
|
Year 1
|
151,756
|
|
Year 2
|
162,455
|
|
RFS Officer Level 16
|
|
|
Year 1
|
167,894
|
|
Year 2
|
184,296
|
22. Schedule B - Salary Rates - RFS Officers (OCSC)
22.1 These rates are NOT
inclusive of Annual Leave Loading.
|
|
|
1st pay
|
|
Classification
|
Progression
|
period on or
|
|
|
|
after 1 July
|
|
|
|
2011
|
|
|
|
$
|
|
RFS Officer Level A
|
Year 1
|
35,345
|
|
(OCSC Operator)
|
|
|
|
|
Year 2
|
37,729
|
|
|
Year 3
|
40,662
|
|
|
Year 4
|
41,771
|
|
|
Year 5
|
43,539
|
|
|
Year 6
|
44,329
|
|
|
Year 7
|
45,428
|
|
|
Year 8
|
47,108
|
|
|
Year 9
|
48,816
|
|
|
Year 10
|
50,619
|
|
RFS Officer Level B
|
Year 1
|
53,407
|
|
(OCSC Senior Operator)
|
|
|
|
|
Year 2
|
54,977
|
|
|
Year 3
|
56,509
|
|
|
Year 4
|
58,060
|
23. Schedule C - Allowances
|
Item
|
Clause
|
Allowances
|
Per Week
|
|
|
|
No.
|
No.
|
|
1.7.11
|
|
|
|
|
|
|
$
|
|
|
|
1
|
13
|
After Hours Allowance
|
250.00
|
|
|
|
2
|
14
|
District Staff (Fleet) Allowances
|
|
|
|
|
|
|
Body Maker
|
26.20
|
|
|
|
|
|
Motor Mechanic
|
26.20
|
|
|
|
|
|
Electrical Mechanic
|
16.87
|
|
|
C.G.
STAFF J
____________________
Printed by the
authority of the Industrial Registrar.