Crown Employees (Fire & Rescue NSW Tradespersons) Award 2018

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Fire and Rescue NSW.

 

(Case No. 2018/304419)

 

 

VARIATION

 

1.         Delete the Arrangement of award published 14 December 2018 (383 I.G. 1117) and insert in lieu thereof the following:

 

1.         Definitions

2.         Hours

2b.      Rostered Days Off

3.         Payment of Wages

4.         Rates of Pay

5.         Parties Bound

6.         Savings of Rights

7.         Relationship to Acts/Awards for Apprenticeships

8.         Union Subscriptions

9.         Fleet Tradespersons Multi-skilling

9b.      FVR Classification Structure & Labour Flexibility

10.      Additional Wage Rates

10b.    Special Rates

11.      Team Leader Allowance and Higher Duties

11b.    Higher Grade Pay

12.      Authorised Heavy Vehicle Allowance

13.      On Call Allowance

14.      Tool Allowance

15.      Apprentice Tool Loan

16.      Fire Equipment Allowance

17.      Apprentice to Tradesperson

18.      Overtime and Penalty Rates

19.      Meal Allowance

20.      Travelling Time and Fares

21.      Travelling Expenses

22.      Annual Leave

23.      Annual Leave Loading

24.      Holidays

24.      Long Service Leave

26.      Sick Leave

27.      Bereavement Leave

28.      Clothing

29.      Insurance of Tools

30.      Procedure on Charge

31.      Anti-Discrimination

32.      Term of Employment

33.      Grievance and Dispute Resolution Procedures

34.      Personal/Carer’s Leave - August 1996

35.      Maternity Leave

36.      Parental Leave

37.      Adoption Leave

38.      Family and Community Service Leave

39.      Trade Union Leave

40.      Supplementary Labour

41.      Salary Packaging Arrangements

42.      Calculations

43.      No Extra Claims

44.      Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

Table 2 - Allowances - from NSW Fire Brigades Maintenance and Miscellaneous Staff Enterprise Agreement 2008

 

 

2.         Delete the first paragraph in clause 1, Definitions of Part A and insert in lieu thereof the following:

 

"Commissioner" means the Commissioner of Fire & Rescue NSW (FRNSW) holding office as such under the Government Sector Employment Act 2013, or his/her delegate.

 

3.         Insert after subclause 2.1 of clause 2, Hours, the following new paragraph:

 

2.1.1   The ordinary working hours of Fire Vehicle Repairers shall not exceed 76 hours per fortnight, to be worked not exceeding 8.5 hours per day, as determined by FRNSW.

 

4.         Insert after clause 2, Hours, the following new clause:

 

2b.  Rostered Days Off

 

2b.1    The Rostered Day Off ("RDO") provisions of clause 2, Hours-Day Workers, of the Skilled Trades Award, (as defined) shall apply to all employees employed in the Communications Section. The same provisions, but as varied by the provisions of subclauses 2b.2, 2b.3, 2b.4,2b.5 & 2b.6, shall apply to all other employees covered by this Award.

 

2b.2    RDO shall be taken in accordance with the roster. Those staff who are on call and therefore work on the RDO day as part of the roster will normally take their RDO on the following Monday when they are off call.

 

2b.3    RDO are to be taken as and when they fall due unless a special arrangement is agreed to pursuant to sub clause 2b.6.3 or;

 

2b.3.1 under exceptional circumstances, where the clearing of the RDO day may be delayed, with prior approval.

 

2b.4    Appropriate records will be kept by the Department of the dates on which each employee takes a RDO. Such records will be available for perusal by the employee on request.

 

2b.5    Where an employee is asked and elects to work on the pre-determined RDO, in accordance with subclause 2.1 of clause 2, Hours-Day Workers, of the Skilled Trades Award (as defined), the compensation paid in accordance with subclause 2.5 of the said clause 2 (i.e. Saturday rates), shall be the employee’s only entitlement for working on the RDO.

 

2b.6    Employees may elect, with the consent of the employer, to take a rostered day off at any time.

 

2b.6.1 An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

2b.6.2 An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

 

2b.6.3 This subclause is subject to the employer informing each union which is both party to the Award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility and providing a reasonable opportunity for the union(s) to participate in negotiations.

 

5.         Delete subclauses 9.1, 9.2 and 9.3 of clause 9, Fleet Tradespersons Multi-skilling and re-number remaining subclauses as follows:

 

9.1      While Apprentice training shall be principally focused on those activities specific to each Apprentice’s trade classification, the Department shall, where possible, coordinate and make available work of a similar nature and skill to that contained in the modules studied from time to time by the Apprentice as part of their external Technical and Further Education studies.

 

9.2      The work of a ‘similar nature and skill’ referred to in subclause 9.4, shall where appropriate be made available to Apprentices for the purposes of overtime.

 

9.3      Employees will identify and select spare parts as required from the store during normal work hours and after hours.  When using parts from the store the employees will record parts usage, utilizing the systems provided which may be written or electronic.  Where necessary employees will provide information as required to assist in parts identification and provide the part number itself with reference to manuals - paper and electronic.

 

9.4      Appliance servicing will continue in Station on a State-wide basis.

 

6.         Insert after clause 9, Fleet Tradespersons Multi-Skilling, the following new clause:

 

9b.  FVR Classification Structure and Labour Flexibility

 

9b.1    Fire Vehicle Repairers (FVR) employed by FRNSW perform, both on a planned and emergency basis, a variety of manual and technical tasks related to preventative and corrective maintenance and mechanical repairs. Those tasks include the performance of peripheral and incidental tasks and assisting other staff so as to complete the whole job.

 

9b.2    In recognition of the skills and knowledge brought to the performance of tasks by FVR’s, the following classification structure is to be applied from the first full pay period to commence on or after the 1 July 2018. Levels 2, 3 and 4 however, cannot be accessed earlier than 31 October 2018. 

 

 

Note: Actual rates are shown in Part B and will be increased with annual movements to wage and wage related allowances.

 

9b.3    Approved courses in respect of skills/knowledge no longer regularly required shall not be counted for progression purposes. 

 

9b.3.1 Approved Courses - are TAFE courses and any others that FRNSW approves, in consultation with the relevant Union. Courses approved however must relate to the acquisition of new skills (performing additional functions) and not simply the modernisation or updating of current work practices or methods (performing the same functions better/differently - for example, personal OH&S related courses, updated inventory or programmed maintenance systems, new computer software etc.). 

 

Placement

 

9.b.4   FRNSW will determine where each tradesperson should be placed within the classification structure, in consultation with the relevant Union.

 

9b.4.1 This must be done firstly by determining which skills/knowledge, above classification level 1 skills, are regularly required of the tradesperson and secondly, in relation to each of those, determining whether the relevant approved course has been successfully completed or, alternatively, in respect of FVR’s in employment as at 1 July 2018, determining whether the skills/knowledge possessed by the tradesperson is equivalent to skills/knowledge acquired from successfully undertaking the approved course.  

 

9b.4.2 Where the FVR in question is placed within a classification in the structure greater than level 1, the employee is to be paid the higher rate from the first full pay period to commence on or after that date that the higher skill/knowledge was regularly required of the tradesperson. 

 

Progression

 

9b.5    Progression to classification levels 2, 3 and 4 is to be on the basis of the FVR in question having successfully undertaken at least 120 hours of additional approved course/s, and, being required to regularly use the skills/knowledge acquired in such courses. Approved courses in respect of skills/knowledge no longer regularly required shall not be counted for progression purposes. 

 

9b.5.1 FRNSW will determine which and how many employees are to be regularly required to use additional skills/knowledge for which a higher classification level is to be paid. 

 

9b.5.2 FVR’s at classification levels 2, 3 and 4 are responsible for maintaining the additional skills/knowledge to a standard equivalent to that of having successfully undertaken a current approved course/s in order to continue to be paid the higher classification level. 

 

Equivalent Skills

 

9b.6    For the purposes of progression under the foregoing clause, FRNSW, in consultation with the relevant Union, may determine that the skills/knowledge possessed by and regularly required of a FVR who was in employment as at 1 July 2018, should be considered equivalent to skills/knowledge acquired from successfully undertaking an approved course/s. Any such decision requires that the FVR in question be credited with hours equivalent to that of the relevant approved course/s.  

 

No Double Counting

 

9b.7    There will be no credit toward progression to a higher classification level in relation to the performance of any function for which payment of an allowance is already made.

 

Leading Hand Allowances

 

9b.8    Leading hand allowances, where applicable, will be paid in addition to the skills based increment of the tradesperson in question. 

 

Disputes

 

9b.9    The Grievance and Dispute Resolution Procedures of this award should be utilised if any disputes arise concerning implementation of this clause. 

7.         Delete subclauses 10.2 to 10.7 of clause 10, Additional Wage Rates:

 

8.         Insert after subclause 11.2 of clause 11, Team Leader Allowance and Higher Duties, the following new subclause:

 

11.3    Where payment of the Team Leader allowance is due because of a temporary vacancy of more than five days, acting up will not be distributed to employees or paid in increments of less than 5 days per employee. Provided the employee actually acts up for 5 or more consecutive days.

 

9.         Insert after clause 11, Team Leader Allowance and Higher Duties, the following new clause:

 

11b.1  An employee engaged for more than five consecutive weekdays, on duties carrying a higher rate than the employee's ordinary classification or entitling the employee to a Team Leader Allowance shall be paid the higher rate or allowance as the case may be.

 

11b.2  Employees covered under this Award, who are engaged on duties in a classification appearing in the Crown Employees (Public Sector - Salaries 2008) Award, or successor, carrying a higher rate than the employee's ordinary classification, will be paid a higher duties allowance on a day by day basis (regardless of how many days such employee was acting in the higher graded position). This includes an employee who is on-call on a Saturday or Sunday, that is, the higher duties allowance is payable whilst on-call on a weekend. Such higher duties allowance is payable at 7 hours per day only.

 

10.      Delete Clause 12, Technician Allowance and re-number subsequent clauses accordingly:

 

11.      Insert after subclause 12.2 of clause 12, Authorised Heavy Vehicle Allowance, the following new subclause:

 

12.3    As directed by the department, suitably qualified fire vehicle repairers covered by this award will be required to obtain and maintain a Heavy Vehicle Inspector Number and undertake inspections as required as part of their normal duties.

 

12.      Delete clause 13, On Call Allowance and insert in lieu thereof the following new clause:

 

13.  On Call Allowance

 

13.1    An On Call Allowance is paid to employees covered under this Award who are working On Call as part of the normal roster or have been directed to work On Call. Minimum payment for emergency recall to duty shall be for four hours at appropriate penalty rates.

 

13.2    The On Call allowance provided for in Table 2A of this Award shall apply to all employees except those provided for in subclause 13.3.

 

13.3    The On Call allowance provided for in Table 2B of this Award shall apply only to Fire Vehicle Repairers.

 

13.4    The On Call allowance at subclause13.3 comes into effect from the date this Award is varied in 2018.

 

13.5    The On Call allowances at subclauses 13.3 and 13.4 are subject to incremental adjustment linked to percentage increases in adjustments to rates of pay.

 

13.      Delete clause 15, Trade Employees Working Together and re-number subsequent clauses accordingly:

 

14.      Delete clause 16, Fire Equipment Allowance and insert in lieu thereof the following:

 

16.  Fire Equipment Allowance

 

16.1    This allowance only applies to Tradespersons in the Fleet and Communications Section.

 

16.1.1 Employees with a minimum of twelve (12) months continuous service covered by this Award shall be paid a fire equipment allowance as set out in Table 2 of this Award, as varied by the provisions of subclause 16.1.2.

 

16.1.2 Apprentices covered by this Award shall be entitled to be paid at the Non-Trades Staff rate of the allowance as set out in Table 2 of this Award after a minimum of twelve (12) months continuous service.

 

15.      Delete clause 20, Special Rates and re-number subsequent clauses accordingly:

 

16.      Delete clause 22, Annual Leave and insert in lieu thereof the following:

 

22.  Annual Leave

 

22.1    Every employee shall be entitled to four weeks leave of absence, exclusive of public holidays, on the completion of each 12 months service, such leave shall be taken within 6 months after it becomes due, and reasonable notice be given by either party when leave is to commence.  This clause governs the time in which past Annual Leave accrual should be taken with the exception provided for in clause 22.6.  In other words, an employee should work towards taking their Annual Leave from the year before in the first 6 months of the following year, however if there are reasons to the satisfaction of the employee and management of why this cannot be accomplished, then clause 22.6 provides for flexibility.  

 

22.2    Where an employee with one or more months' service but less than 12 months' service is discharged, dismissed, resigns, retires or dies, the employee or their legal personal representative shall be paid for each completed week of service an amount equal to one-twelfth of the employee's ordinary weekly rate payable at the date of the termination of service.

 

22.3    After the first completed year of service annual leave shall accrue at the rate of one and two-third days for each completed month of service.

 

22.4    The Annual Leave provisions of clause 31, General Leave Conditions and Accident Pay, of the Skilled Trades Award (as defined), shall apply, as varied by the provision of subclauses 22.5and 22.6 to all employees covered by this Award.

 

22.5    Annual Leave shall be subject to pre-approval at least 5 weekdays prior and if approved may be taken in consecutive or single days.

 

22.6    The parties agree to jointly work towards reducing each employees accrual of Annual Leave to the accumulation of twenty (20) days plus the current years entitlement.  The only exceptions being, in the case of family emergencies, or with prior notification of a planned extended holiday. 

 

17.      Delete clause 29. Rostered Days Off and re-number subsequent clauses accordingly:

 

18.      Delete Clause 36, Higher Grade Pay and re-number subsequent clauses accordingly:

 

19.      Delete subclause 32.1 of clause 32, Term of Employment, and insert in lieu thereof the following:

 

32.1    An employee shall give to FRNSW and FRNSW shall give to an employee two weeks’ notice of termination of employment, such notice to be given from a normal pay day. This shall not affect the right of FRNSW to dismiss any employee without notice for inefficiency, neglect of duty or misconduct and in such cases wages shall be paid up to the time of dismissal only.

 

20.      Delete subclauses 34.3, Annual Leave and 34.6, Rostered Days Off, of clause 34, Personal/Carer’s Leave - August 1996 and re-number subsequent subclauses accordingly:

 

21.      Delete clause 38, Family and Community Service Leave and insert in lieu thereof the following:

 

38.  Family and Community Service Leave

 

38.1    The Department Head shall grant to an employee some or all of the available family and community service leave on full pay, for reasons relating to family responsibilities, performance of community service or emergencies.

 

38.2    Such cases may include but not be limited to the following:

 

38.2.1 compassionate grounds - such as the death or illness of a close member of the family or a member of the employee’s household;

 

38.2.2 emergency accommodation matters up to one day, such as attendance at court as defendant in an eviction action, arranging accommodation, or when required to remove furniture and effects;

 

38.2.3 emergency or weather conditions, such as when flood, fire or snow or disruption to utility services etc. threaten property and/or prevent an employee from reporting for duty;

 

38.2.4 attending to family responsibilities such as citizenship ceremonies, parent/teacher interviews or attending child's school for other reasons;

 

38.2.5 attendance at court by an employee to answer a charge for a criminal offence, only if the Department Head considers the granting of family and community service leave to be appropriate in a particular case;

 

38.2.6 attendance at a competitor in major amateur sport (other than Olympic or Commonwealth Games) for staff members who are selected to represent Australia or the State; and

 

38.2.7 absence during normal working hours to attend meetings, conferences or to perform other duties, for an employee holding office in Local Government, and whose duties necessitate absence during normal working hours for these purposes, provided that the employee does not hold a position of Mayor of a Municipal Council, President of a Shire Council or Chairperson of a County Council.

 

38.3    The maximum amount of family and community service leave on full pay which may, subject to this Award, be granted to a staff member shall be the greater of the leave provided in subclauses 38.3.1 or 38.3.2 of this clause.

 

38.3.1 2½ of the employee's working days in the first year of service and, on completion of the first year's service, 5 of the employee's working days in any period of 2 years; or

 

38.3.2 After the completion of 2 years' continuous service, the available family and community service leave is determined by allowing 1 day's leave for each completed year of service less the total amount of family and community service leave previously granted to the employee.

 

38.4    If available family and community service leave is exhausted as a result of natural disasters, the Department Head shall consider applications for additional family and community service leave, if some other emergency arises. On the death of a person as described in 34.1.3 of clause 34, Personal/Carer’s Leave - August 1996, additional paid family and community service leave of up to 2 days may be granted on a discrete, per occasion basis to an employee.

 

38.5    In cases of illness of a family member for whose care and support the employee is responsible, paid sick leave in accordance with subclause 34.1.3 of clause 34 of this Award shall be granted when paid family and community service leave has been exhausted.

 

22.      Delete clause 48, Workplace Reform and re-number subsequent clauses accordingly:

 

 

23.      Delete Part B, Monetary Rates and insert in lieu thereof the following:

 

PART B

 

MONETARY RATES

 

Table 1- Wages

 

Classifications from the Crown Employees (New South Wales Fire Brigades - Maintenance, Construction and Miscellaneous Staff) Award

 

 

Increases shall apply on and from the first full pay period to commence on or after the dates expressed in the tables.

 

The Communications Section Classification is from the NSW Fire Brigades Maintenance and Miscellaneous Staff

Enterprise Agreement 2008

 

 

FRNSW Fire Vehicle Repairer Classification from 1 July 2018 (Levels 2,3,4 from 31 October 2018)

 

* The relativity is based upon the corresponding amount for FVR without the FEA

 

 

 

 

** inclusive in rate after 12 months continuous service an apprentice receives the (Non Trades Staff) Fire Equipment Allowance. 

 

Increases shall apply on and from the first full pay period to commence on or after the dates expressed in the tables.

 

Table 2 - Allowances

 

from NSW Fire Brigades Maintenance and Miscellaneous Staff Enterprise

Agreement 2008

 

 

Table 2A: On Call Allowance

 

 

Table 2B: On Call Allowance applicable only to FVRs

 

 

Increases shall apply on and from the first full pay period to commence on or after the dates expressed in the tables.

 

 

 

Increases in the Tool Allowance will be based upon increases expressed in the Crown Employees (Skilled Trades) Award. These amounts will be administratively adjusted when the Crown Employees (Skilled Trades) Award increases. 

 

** At the completion of 12 months continuous service

 

Increases shall apply on and from the first full pay period to commence on or after the dates expressed in the tables.

 

 

 

 

 

 

Increases in meal allowance, travelling time and other fares and insurance of tools will be based upon increases expressed in the Crown Employees (Skilled Trades) Award. These amounts will be administratively adjusted when the Crown Employees (Skilled Trades) Award increases. 

 

This variation shall take effect on and from 31 October 2018.

 

 

P. M. KITE, Chief Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.