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.