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.
(Case No. 2016/00007064)
Before Commissioner Stanton
|
2 August 2016
|
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 Roles and Allowances
15. Major
Incident Conditions
16. Operational
Communications Centre (OCC)
17. Staff
Members who are Volunteer Members
18. Anti-Discrimination
19. Area,
Incidence and Duration
PART B
MONETARY RATES
20. Schedule A
- Salary Rates - RFS Officers
21. Schedule B
- Salary Rates - RFS Officers (OCC)
22. 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 Industrial Relations Secretary; and
3.2 Public Service
Association and Professional Officer’s Association Amalgamated Union of New
South Wales.
4. Definitions
4.1 "Act"
means the Government Sector Employment
Act 2013.
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 the Government Sector Employment Act 2013 and any guidelines issued
thereof or as amended from time to time.
4.7 "Conditions
Award" means the Crown Employees
(Conditions of Employment) Reviewed Award 2009 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 1997), 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
role 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 Operational Communications 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 (OCC) of this award.
5.3 The salary
rates are set in accordance with the Crown
Employees (Public Sector - Salaries 2016) Award or any variation or
replacement award.
5.4 Annual incremental
progression within a level or broad banded levels shall be:
5.4.1 On the
anniversary of appointment to a role; and
5.4.2 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 Government Sector Employment Act 2013, the Government Sector Employment Regulation 2014, Crown Employees (Public Service Conditions of Employment) Reviewed Award
2009 and the Crown Employees (Public
Sector - Salaries 2016) 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) Reviewed 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 Role Description for the
job and the agreed performance management criteria for the role 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 role 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 Executive
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 role and not to a staff member.
12.8 Where a staff
member in receipt of the ACA is seconded or temporarily transferred to a role
(or on a special project) for a period greater than 3 months and that role does
not attract the ACA, they will not receive the allowance for the period they
occupy the temporary role.
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
role 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 Roles 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 2016 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 This
clause is now replaced by the conditions contained within the Crown Employees (Rural Fire Service Major
Incident Conditions 2011) Interim Award.
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. Operational Communications Centre (OCC)
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
OCC 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 At a
minimum, each shift will consist of a Senior Operational Communications Officer
and Operational Communications Officer(s).
16.6 Averaging-Out
Shift Penalties (ASP)
16.6.1 The
shift penalties applicable have been ‘Averaged-Out’ for all OCC staff -
abbreviated to the "ASP".
16.6.2 The
ASP allows OCC 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
OCC 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 Operational Communications Officer through the completion in writing of
the appropriate pro forma documentation currently used in the OCC.
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 OCC 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 OCC
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 OCC
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 (OCC) of this
award apply to OCC 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. Anti-Discrimination
18.1 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.
18.2 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.
18.3 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.
18.4 Nothing in this
clause is to be taken to affect:
18.4.1 any conduct or act
which is specifically exempted from anti-discrimination legislation;
18.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
18.4.3 any act or practice of a body
established to propagate religion, which is exempted under section 56(d) of the
Anti-Discrimination Act 1977;
18.4.4 a party to this Award from pursuing
matters of unlawful discrimination in any State or federal jurisdiction.
18.5 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.
18.5.1 Employers and employees may also
be subject to Commonwealth Anti-Discrimination Legislation.
18.5.2 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."
19. Area, Incidence and Duration
19.1 This award shall
apply to officers, Departmental temporary employees and Casual employees as
defined in the Government Sector
Employment Act 2013 employed in the NSW Rural Fire Service listed in
Schedule 1, Part 1, to the Government
Sector Employment Act 2013.
19.2 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 (310 374 I.G. 359)
take effect from 2 August 2016.
19.3 Changes made to
this award subsequent to it being made on and effective from 12 April 2012 and
published on 17 August 2012 (374 I.G. 223) have been incorporated into this
award as part of the review.
19.4 The award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
20. Schedule A- Salary Rates - RFS Officers
20.1 These rates are
inclusive of Annual Leave Loading.
|
1.7.16
|
Classification and Grades
|
$ Per annum
|
|
2.5%
|
RFS Officer Level 1
|
|
Year 1
|
35,610
|
Year 2
|
43,067
|
Year 3
|
46,418
|
Year 4
|
47,687
|
Year 5
|
49,702
|
Year 6
|
50,602
|
Year 7
|
51,857
|
Year 8
|
53,779
|
Year 9
|
55,723
|
Year 10
|
57,780
|
RFS Officer Level 2
|
|
Year 1
|
60,965
|
Year 2
|
62,757
|
RFS Officer Level 3
|
|
Year 1
|
64,507
|
Year 2
|
66,275
|
RFS Officer Level 4
|
|
Year 1
|
68,156
|
Year 2
|
70,210
|
RFS Officer Level 5
|
|
Year 1
|
72,404
|
Year 2
|
74,628
|
RFS Officer Level 6
|
|
Year 1
|
80,453
|
Year 2
|
82,992
|
RFS Officer Level 7
|
|
Year 1
|
86,245
|
Year 2
|
88,772
|
RFS Officer Level 8
|
|
Year 1
|
91,434
|
Year 2
|
94,169
|
RFS Officer Level 9
|
|
Year 1
|
98,090
|
Year 2
|
101,207
|
RFS Officer Level 10
|
|
Year 1
|
104,225
|
Year 2
|
107,158
|
RFS Officer Level 11
|
|
Year 1
|
111,532
|
Year 2
|
114,853
|
RFS Officer Level 12
|
|
Year 1
|
120,545
|
Year 2
|
125,662
|
RFS Officer Level 13
|
|
Year 1
|
133,531
|
Year 2
|
139,411
|
21. Schedule B - Salary Rates - RFS Officers
(OCC)
21.1 These rates are
NOT inclusive of Annual Leave Loading.
21.2 The rates of pay that align to the common
salary points in this table are to be sourced from the Crown Employees (Public Sector - Salaries 2016) Award or any
variation or replacement award.
|
|
|
Classification and Grades
|
Progression
|
1.7.16
|
|
|
$ Per Annum
|
|
|
2.5%
|
|
|
|
RFS Officer Level A
|
Year 1
|
39,810
|
(OCC Operator)
|
Year 2
|
42,495
|
|
Year 3
|
45,800
|
|
Year 4
|
47,049
|
|
Year 5
|
49,039
|
|
Year 6
|
49,929
|
|
Year 7
|
51,168
|
|
Year 8
|
53,060
|
|
Year 9
|
54,983
|
|
Year 10
|
57,015
|
|
|
|
RFS Officer Level B
|
Year 1
|
60,154
|
(OCC Operational Communications Officer)
|
Year 2
|
61,921
|
|
Year 3
|
63,649
|
|
Year 4
|
65,396
|
|
|
|
RFS Officer Level C
|
Year 1
|
67,248
|
(OCC Senior Operational Communications Officer )
|
Year 2
|
69,276
|
|
Year 3
|
71,438
|
|
Year 4
|
73,635
|
|
|
|
22. Schedule C - Allowances
Item
|
Clause
|
Allowances
|
Per Week
|
No.
|
No.
|
|
1.7.16
|
|
|
|
$
|
1
|
13
|
After Hours Allowance
|
250.00
|
2
|
14
|
District Staff (Fleet) Allowances
|
|
|
|
Body Maker
|
30.80
|
|
|
Motor Mechanic
|
30.80
|
|
|
Electrical Mechanic
|
19.46
|
J. D. STANTON, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.