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Crown Employees (Fire and Rescue NSW Retained Firefighting Staff) Award 2017
  
Date06/22/2018
Volume383
Part1
Page No.23
DescriptionVIRC - Variation by Industrial Relations Commission
Publication No.C8793
CategoryAward
Award Code 700  
Date Posted06/22/2018

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(700)

SERIAL C8793

 

Crown Employees (Fire and Rescue NSW Retained Firefighting Staff) Award 2017

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Fire and Rescue NSW.

 

(Case No. 2018/34462)

 

Before Chief Commissioner Kite

2 February 2018

 

VARIATION

 

1.         Delete subclause 6.5, Calculation of Payment for Duties Performed of clause 6, Rates of Pay and Allowances and insert in lieu thereof the following:

 

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 and ComSafe - periods of attendance for the purpose of calculating payment shall be calculated having regard to the provisions of subclause 6.8.2.

 

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             Royal Easter Show and ComSafe - where an employee performs duties in accordance with subclauses 6.8 or 6.8a for three hours or less, such employee shall receive a minimum payment of three hours. All subsequent time thereafter shall be paid to the minute.

 

6.5.2.8             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.

 

2.         Delete subclause 6.8, Attendance at the Royal Easter Show of clause 6, Rates of Pay and Allowances and insert in lieu thereof the following:

 

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.

 

6.8a     Performance of ComSafe duties

 

6.8a.1 Employees who perform Comsafe duties shall be paid the hourly rate prescribed at Entitlement Code "CSD" of Table 2 of Part B of this Award.

 

6.8.2    The rates prescribed in subclauses 6.8.1 and 6.8a.1 are all incidence of employment rates and, notwithstanding 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, subject to continuous payment for work performed on any calendar day. Provided that, if an employee cannot attend for duty at the Royal Easter Show (only) 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  the work performed;

 

6.8.2.3             not be entitled to any payment or compensation with respect to either meals (except as provided for by subclause 6.8.4) and/or accommodation (except as provided for by subclause 6.8.2.6) in connection with  the work performed;

 

6.8.2.4             not be entitled to the payment of overtime in connection with the work performed;

 

6.8.2.5             not be entitled to payment of downtime in connection with attendance at the Royal Easter Show;

 

6.8.2.6             be paid the accommodation allowance set at Item 4 of Table 5 of Part B for each day that the distance travelled between the employee’s residence and the furthest location where the ComSafe work is performed exceeds 100 kms and the employee resides away from home (evidence of which may be required prior to payment).

 

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 and/or the performance of ComSafe duties shall be treated as a period of authorised absence for the purposes of subclause 28.2.

 

6.8.6    It is expressly provided that attendance at the Royal Easter Show and/or the performance of ComSafe duties are not performed as Authorised Duties.

 

3.         Insert before clause 6.9 in Table 3, of Part C, Monetary Rates, the following new clause 6.8a.1:

 

6.8a.1

ComSafe duties

per hour

CSD

77.16

79.09

81.07

 

4.         This variation shall take effect on and from 2 February 2018.

 

 

P. KITE, Chief Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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