Crown Employees (Fire and Rescue NSW Permanent
Firefighting Staff) Award 2020
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South Wales Fire Brigade Employees Union, Industrial Organisation of Employees.
(Case No. 44143 of 2020)
Before Commissioner Murphy
|
1 April 2020
|
AWARD
PART A
1. Introduction
1.1 This Award shall
be known as the “Crown Employees (Fire and Rescue NSW Permanent Firefighting Staff) Award 2020”.
1.2 This Award
regulates the rates of pay and conditions of employment for employees covered
by this Award.
1.3 This Award is in
three Parts as follows:-
Part A - Introduction, Index, Basic Wage, and
Definitions
Part B - Rates of Pay and Conditions of Employment
Part C - Monetary Rates
1.4 Except as
provided by subclause 1.5, the provisions of Part B, Rates of Pay and
Conditions of Employment shall apply to all employees covered by this Award.
1.5 The provisions
of Clause 9 – Overtime, Clause 10 - Meals and Refreshments, Clause 12 – Relieving
Provisions, Clause 16 – Training Course Attendance Entitlements, Clause 19 -
Examination and Assessment leave, Clause 25 - Court Attendance Entitlements,
Clause 27 - Notice of Transfer and Clause 28 - Transfers Outside
the GSA shall not apply to Executive Officers.
2. Index
Clause No. Subject
Matter
1. Introduction
2. Index
3. Basic
Wage
4. Definitions
5. Intention
6. Rates of
Pay and Allowances
7. Higher
Duties
8. Hours of
Work
9. Overtime
10. Meals and
Refreshments
11. Transport
12. Relieving
Provisions
12a Interstate
and International Deployments
13. Progression
and Promotion Provisions
14. Operational
Support Positions
15. Training
and Staff Development
16. Training
Course Attendance Entitlements
17. Annual
Leave
18. Compassionate
Leave
19. Examination
and Assessment Leave
20. Long
Service Leave
21. Parental
Leave
22. Carer's
Leave
23. Sick Leave
23a. Domestic and
Family Violence Leave
24. Special
Leave for Union Activities
25. Court
Attendance Entitlements
26. Travelling
Compensation
27. Notice of
Transfer
28. Transfers
Outside of the GSA
29. Transferred
Employee's Compensation
30. Rental of
Premises
31. Protective
Clothing and Uniforms
32. Clothes
Drying Facility
33. Cleaning of
Clothes
34. Safety
Belts
35. Disputes
Avoidance Procedures
36 Organisational
Change under Clause 36.2
37. Acknowledgment
of Applications And Reports
38. Procedures
Regarding Reports and Charges
39. Alcohol and
Other Drugs
40. Salary
Sacrifice to Superannuation
41. Anti-Discrimination
42. Employees'
Duties
43. No Extra Claims
44. Area,
Incidence and Duration
3. Basic Wage
This Award, in so far as it fixes rates of
wages, is made by reference and in relation to the adult basic wage currently
in force under Clause 15 of Division 4 of Part 2 of Schedule 4, Savings, Transitional
and other provisions, of the Industrial Relations Act 1996.
4. Definitions
"Agreed Distance" means the relevant distance set
out within the Matrices which appeared at Part E of the Crown Employees (NSW
Fire Brigades Firefighting Staff) Award 2001, or as
subsequently amended pursuant to subclause 12.10, copies of which shall be
provided by the Department to employees in the manner agreed between the
Department and the Union.
"Commissioner" means Commissioner of the
Department holding office as such under the Government Sector Employment Act
2013.
"Competency" means the training competencies
developed by the Department following consultation between the Department and
the Union providing the appropriate level of training, or part thereof, for the
skill required to undertake the work for each classification covered by this
Award.
"Department" means Fire and Rescue NSW established
by the Fire and Rescue Act 1989 and as a Public Service Executive Agency
under Schedule 1 of the Government Sector Employment Act 2013.
“Domestic Violence” means domestic violence as defined in
the Crimes (Domestic and Personal
Violence) Act 2007.
"Employee" means a person, other than an employee
covered by the Crown Employees (Fire and Rescue NSW Retained Firefighting Staff) Award, employed in one of the
classifications covered by this Award, as a member of Fire and Rescue NSW in
terms of the provisions of the Fire Brigades Act 1989. Provided that
where "employee" is referred to in the provisions of this Award which
apply exclusively to either Operational Firefighters,
Operational Support Positions or to Executive Officers, "employee"
shall mean only those classifications to which the exclusive conditions are
intended to apply.
"Emergency Meal" means a Long Life Meal Pack supplied
when the provision of a Substantial Meal is not practicable, the basis of which
shall be a self-heating 320g meal that is generally meat based (except for
special diet packs such as vegetarian or vegan packs) and shall also include
one dried fruit or fruit and nut mix (Sunbeam Fruit and Nut 40g, Fruit on the
Go 50g, or similar) and one cheese and biscuits (Uncle Tobys
Le Snak Cheddar Cheese 20g, or similar) or one
fruit pack (Goulburn Valley no added sugar 220 g, or similar) and one
100% fruit juice box (Just Juice 250 ml, or similar).
"Executive Officer" means an employee having the
rank of Chief Superintendent or Superintendent.
"Fire District" has the same meaning as in the Fire
Brigades Act 1989.
"GSA" (Greater Sydney Area) means within the area
bounded by the Local Government areas of Northern Beaches, Hornsby, Baulkham
Hills, Hawkesbury, Penrith, Liverpool, Wollondilly, Campbelltown and
Sutherland.
"Incident" means a fire call or any other
emergency incident attended by Fire and Rescue NSW.
"Major Aerial Appliance" means a firefighting vehicle equipped with a motorised boom and/or
ladder extension with a reach of more than 18 metres.
"Merit
Selection" means a fair, transparent, impartial
process that assesses the merit of all applicants so that the employee selected
is the applicant who is the most suitable to perform the duties of the vacant
position.
"Minor Aerial Appliance" means a firefighting vehicle equipped with a motorised boom and/or
ladder extension with a reach of up to and including 18 metres.
"Non-Officer" means an employee classified as a
Recruit, Firefighter, Qualified Firefighter,
Senior Firefighter or Leading Firefighter.
"Officer" means any employee having the rank of
Station Officer or Leading Station Officer.
"Operational Firefighter"
means a firefighter classified as one of the
following: Recruit Firefighter; Firefighter;
Qualified Firefighter; Senior Firefighter;
Leading Firefighter; Station Officer; Leading Station
Officer; or Inspector.
"Operational Support Position" means a position
classified as such by the Department following consultation between the
Department and the Union and graded using a NSW Government accredited job
evaluation system.
"Outduty" means
a period of relief duty performed by a Non-Officer or Officer, not being a
Relieving Employee or the occupant of an Operational Support position, where
the Non-Officer or Officer either commences and/or ceases their rostered shift
at a station/location other than the station where the Non-Officer or Officer normally
reports for duty, or where the Non-Officer or Officer both commences and ceases
their rostered shift at their own station but performs Stand By duties
elsewhere for more than four hours, but does not include an employee on
suitable duties.
"Overtime" means for an Operational Firefighter all time worked with approval or direction in
excess of the employee's rostered shift.
"Platoon" means a group of employees assigned to a
shift.
"Refreshments" means tea bags, instant
coffee, boiling water, sugar, long life milk, two biscuits and one cereal bar
(any bar from the following list: K Time Twists 37 g bar, All-Bran Baked Bars
40g bar, Uncle Tobys Crunchy Muesli Bars Apricot,
Uncle Tobys Fruit Twist – Apple and Pear, or similar)
or one Goulburn Valley or similar fruit pack 220 g (no added sugar) and
one liquid meal drink (any drink from the following list: Sustagen
Sport 250 ml, Up and Go 250 ml, or similar) or one
carbohydrate/electrolyte beverage (Sqwincher Qwik Serv 42g sachet, or similar).
"Relieving Employee" means an employee serving at
a station while not being permanently attached to any one station.
"Senior Officer" means an employee having the rank
of Inspector.
"Stand
By" means
a period of relief duty performed by a Non-Officer or Officer, not being a
Relieving Employee or the occupant of an Operational Support position, where
the Non-Officer or Officer both commences and ceases their rostered shift at
their own station but is temporarily assigned to one or more other stations in
the interim for a total of four or less hours.
"Standard Roster" means the roster prescribed in
subclause 8.3 of Clause 8 of this Award.
"Substantial Meal" means a meal identified in the
Department’s Incident Ground Meals Guide, as published at the date of the making
of this Award, or a meal of a similar nutritional and sensory quality standard.
"Union" means the Fire Brigade Employees' Union of
New South Wales.
PART B
5. Intention
The intention of this Award is to regulate the rates of pay
and conditions of employment for employees covered by this Award.
6. Rates of Pay and
Allowances
6.1 The provisions
of clauses 6.2 to 6.7 inclusive shall not apply to Executive Officers and the
provisions of subclause 6.8 shall not apply to Operational Firefighters.
The provisions of subclauses 6.9 to 6.17 inclusive shall apply to all
employees.
6.2 Operational Firefighters
6.2.1 An
employee shall be paid the rate of pay prescribed for the employee's
classification in Tables 1 and 2 of Part C, Monetary Rates, of this Award.
6.3 Each "Per
Week" rate of pay shown in Tables 1 and 2 of Part C is a composite rate
which incorporates:
6.3.1 the basic wage,
margin, loading, shift allowance and industry allowance previously prescribed
separately in the Fire Brigade Employees (State) Award (as varied from time to
time), published in the NSW Industrial Gazette on 28 June, 1991; and
6.3.2 with the exception
of the Recruit Firefighter classification, the
Roster Allowance previously prescribed separately in the Crown Employees (Fire and
Rescue NSW Permanent Firefighting Staff) Award 2011, published in the NSW
Industrial Gazette on 25 March 2011.
6.4
6.4.1 The "shift
allowance" referred to in subclause 6.3.1 is an amount to compensate for shiftwork.
6.4.2 The 'loading'
referred to in subclause 6.3.1 is an amount which is in compensation for the
incidence, as a result of the normal roster arrangements, of work on weekends
and public holidays. Employees who work on Easter Sunday or on any additional public holiday
that is Gazetted or otherwise
confirmed by the NSW Government shall be credited with the same number
of hours of consolidated leave as those hours actually worked on each such day.
For the purposes of this clause additional public holidays shall not include
local public holidays.
6.4.3 The
"industry allowance" referred to in subclause 6.3.1 is an amount
which is in consideration of conditions particular to working in the Firefighting Industry.
6.5
6.5.1 The "Roster
Allowance" referred to in subclause
6.3.2 is an amount equivalent to an employee’s hourly rate of pay multiplied by
1.75 in compensation for working a 42 hour week. This amount is a residual of
the two hours of 10/14 Rostered Overtime that was
paid to employees working a 38 hour week until the Crown Employees (NSW Fire
Brigades Firefighting Staff) Award 2000 incorporated this overtime within the
total weekly rate of pay and introduced the Roster Allowance and a 40 hour week.
6.6 Except as provided for in this subclause,
or in subclause 6.7, in addition to the rates of pay prescribed in Tables 1 and
2 of Part C, employees, where applicable, shall be paid:
6.6.1 An amount not
exceeding the Laundry Expenses set at Item 1 of Table 3 of Part C, for all
reasonable laundry expenses incurred by an employee who performs duty on a
temporary basis outside the GSA.
Accounts for such laundry expenses are to be submitted when a claim is
made.
6.6.2 The Kilometre
Allowance set at Item 2 of Table 3 of Part C, per kilometre:
6.6.2.1 for Non-Officers or Officers who perform a
"Stand By" and who are required to use their private vehicle to
perform such "Stand By". The
distance shall be the agreed distance or, if the return distance travelled by
the employee from the station at which duty commenced to the station at which
the "Stand By" is performed is not contained in the Matrices, the
actual distance necessarily and reasonably travelled; and
6.6.2.2 for Operational Firefighters who
travel between stations pursuant to Clause 12, Relieving Provisions; and
6.6.2.3 for
Officers who are required to use their own vehicle to attend an incident whilst
off duty.
6.6.3 The Major Aerial
Allowance set at Item 3 of Table 3 of Part C, per week, for Non-Officers who are qualified to
operate a Major Aerial Appliance and who are attached to a station with this
equipment.
6.6.4 The Minor Aerial
Allowance set at Item 4 of Table 3 of Part C, per week, for Non-Officers and Officers who are
qualified to operate a Minor Aerial Appliance and who are attached to a station
with this equipment.
6.6.5 The Hazmat
Allowance set at Item 5 of Table 3 of Part C, per week, for Non-Officers and Officers who are
qualified for and attached to a Hazmat station within Sydney, Newcastle,
Wollongong or the Central Coast.
6.6.6 The
Communications Allowance set at Item 6 of Table 3 of Part C, per week, for Non-Officers who are qualified for and
attached to the Communications sections at Sydney or Newcastle, which shall be
paid for all purposes.
6.6.7 The
Communications Allowance set at Item 7 of Table 3 of Part C, per week, for
Officers who are qualified for and attached to the Communications sections at
Sydney or Newcastle, which shall be paid for all purposes.
6.6.8 The
Communications Allowance set at Item 8 of Table 3 of Part C, per week, for
Senior Officers who are qualified for and attached to the Communications
section at Sydney, which shall be paid for all purposes.
6.6.9 The Country
Allowance set at Item 9 of Table 3 of Part C for Officers and Senior Officers
who are attached to a station or workplace located outside the GSA and outside
the areas specified in subclause 28.2.2 of this Award, which shall be paid for
all purposes.
6.6.10 The Remote Area Allowance set at Item 10 of
Table 3 of Part C, per week, for Non-Officers and Officers who are attached to
a station at Broken Hill or Moree, which shall be paid for all purposes.
6.6.11 The Rescue
Allowance set at Item 11 of Table 3 of Part C for Non-Officers and Officers who are recognised as qualified rescue
operators by the State Rescue Board and who are attached to a Primary or
Secondary Rescue station.
6.6.12 The Service
Allowance set at Item 12 of Table 3 of Part C for Non-Officers who have completed the requisite period of service
as an employee.
6.6.13 The Marine Allowance set at Item 13 of Table 3
of Part C, per week, for Non-Officers
and Officers who are qualified
for and attached to a designated marine station.
6.7 Exceptions,
Explanations and Method of Adjustment
6.7.1 Subject to subclause 7.7, the allowances
set at subclauses 6.6.3 to 6.6.13 (inclusive) shall not be payable to the
occupants of Operational Support positions.
6.7.2 The allowances
set at subclauses 6.6.3 to 6.6.13 (inclusive) shall be paid in full, regardless
of the number of shifts actually worked by the employee within that week.
6.7.3 The term "attached to" within this
Clause shall include employees who are
permanently assigned to the relevant station or section but who are
performing an Outduty at some other location and
Relieving Employees whose base station is the relevant station or section and
who are performing relief duty at some other location, but shall not include
employees who perform duty at the relevant station or section pursuant to
Clause 9, Overtime, except as provided for in subclauses 6.6.6, 6.6.7, 6.6.8,
6.6.9 and 6.6.10.
6.7.4 The allowances
set at subclause 6.6.12 shall in future be adjusted by firstly calculating the
increase for 5-10 years service to the nearest cent
to arrive at a new base rate and then doubling that new base rate to arrive at
the new 10-15 years service amount and tripling that
new base rate to arrive at the new 15-plus years service
amount.
6.7.5 The Major and
Minor Aerial allowances set at subclauses 6.6.3 and 6.6.4 respectively, shall
not be paid concurrently. In situations where both allowances would otherwise
apply pursuant to this Clause, the Major Aerial Allowance only shall be paid.
6.8 Executive
Officers
The salaries for Executive Officers are as specified in
Table 1 of Part C, Monetary Rates. Such salaries are all incidence rates of pay
and include compensation for:
6.8.1 the way in which ordinary hours are worked in terms of
sub-clause 8.12;
6.8.2 the working of any excess hours or being on call; and
6.8.3 the non payment of an annual leave
loading.
6.9 Provisions
Applying to All Employees
6.9.1 Employees shall
be paid fortnightly and payment shall be made into a bank account specified by
the employee, or other financial institutions acceptable to the Department and
the Union.
6.9.2 Employees shall
be paid not later than Thursday in any pay week. Provided that Operational Firefighters who perform overtime shall be paid within two
pay periods of the date upon which such overtime was worked.
6.10
6.10.1 An employee shall
not be entitled to payment in respect of any unwarranted absence from duty or
in respect of leave granted without pay.
6.10.2 Where any strike
or stoppage of work occurs during a pay period for which payment has already
been made, the Department shall deduct the amount overpaid from the wages of
the employee. The provisions of subclause 6.16 shall not apply in cases where
overpayments have occurred as a result of any strike or stoppage of work.
6.11 Unless as
otherwise provided for in Clause 24, Special Leave for Union Activities, where
an employee is, on application, granted leave by the Department to attend to
Union business, all such leave shall be leave without pay.
6.12 Where the period
of absence or leave under subclauses 6.10 and 6.11 of this clause, is a portion
of a week, the amount to which an employee shall be disentitled shall be
ascertained on an hourly basis. Such disentitlement shall be calculated to the
nearest five minutes.
6.13 Where a portion
of a week is worked in a higher classification immediately following promotion,
payment for that portion shall be ascertained, on an hourly basis, by dividing
the minimum rate of pay applicable to the new classification by forty. Such
entitlement shall be calculated to the nearest five minutes.
6.14 In the event of
the death of an employee, all monies due to the employee pursuant to the
provisions of this Award shall be paid to the employee's estate.
6.15 Payroll
Deductions:
6.15.1 Except as provided
for in subclause 6.15.2, all salary deductions shall be made in accordance with
the Treasury Guidelines.
6.15.2 Upon application
by an employee, the Department shall make deductions from the employee's pay
for Union subscriptions and shall forward the amount so deducted to the Union
as soon as possible thereafter.
6.16 Overpayments:
6.16.1 In cases where an
employee has been overpaid, the Department shall be entitled to recover such
overpayment in full. Unless the employee agrees otherwise, the maximum rate at
which the overpayment can be recovered is an amount, calculated on a per
fortnight basis, equivalent to 10% of the employee's gross fortnightly pay.
6.16.2 In all cases where
overpayments have occurred, the Department shall as soon as possible advise the
employee concerned of both the circumstances surrounding the overpayment and
the amount involved. The Department will also advise the employee of the pay
period from which the recovery of the overpayment is to commence.
6.16.3 The recovery rate
of 10% of an employee's gross fortnightly pay referred to in subclause 6.16.1
may be reduced by approval of the Commissioner if the Commissioner is satisfied
that such a rate of recovery would cause undue hardship to the employee
concerned.
6.16.4 Where an
employee's remaining period of service does not permit the full recovery of any
overpayment to be achieved on the fortnightly basis prescribed in subclause
6.16.1, the Department shall have the right to deduct any balance of such
overpayment from monies owing to the employee on the employee's date of
termination, resignation or retirement, as the case may be.
7. Higher Duties
7.1 Subject to
subclauses 7.2, 7.3, 7.4 and 7.7, an employee shall not be permitted to perform
higher duties unless, firstly, the employee is qualified to perform such duties
and, secondly, where a rank or classification structure applies, the employee
is at the rank or classification immediately below the rank or classification
of the position in which the relief is to be performed.
7.2 Where a Station
Officer is temporarily absent (on leave or for any other reason), that Station
Officer’s position may be filled by a Leading Firefighter
performing higher duties, provided that no absent Station Officer’s position
may be filled by a Leading Firefighter performing
higher duties (either by election or direction) for more than 28 days of any
such absence.
7.3 Where an
Inspector (including an Operational Support Inspector) is temporarily absent
(on leave or for any other reason), that Inspector’s position may be filled by
a Leading Station Officer performing higher duties, provided that no absent
Inspector’s position may be filled by a Leading Station Officer performing
higher duties (either by election or direction) for more than 28 days of any
such absence.
7.4 Leading Firefighters and Leading Station Officers may elect or be
directed to temporarily perform higher duties in the circumstances described in
subclauses 7.2 and 7.3 and subject to subclause 7.5, shall not perform higher
duties otherwise.
7.5 The limitations
of subclauses 7.2, 7.3 and 7.4 shall not apply where:
7.5.1 a vacancy in a
Country position arises and is advertised in Commissioner’s Orders pursuant to
subclause 28.7 within 28 days of such vacancy occurring, in which case a
Leading Firefighter or Leading Station Officer (as
the case may be) may elect or be directed to perform the duties of the vacant
position until the position is filled, or the expiration of three months,
whichever occurs first.
7.5.2 a Leading Firefighter or Senior Firefighter
successfully applies for a Country Officer position pursuant to subclause 28.7.2,
in which case the Leading Firefighter or, subject to
subclause 28.7.2.3, Senior Firefighter shall be
transferred to that station/location and shall perform the duties of the vacant
position until such time as he or she is either promoted, or ceases to be
eligible for such promotion pursuant to subclause 13.8.2. An employee who
ceases to be eligible for such promotion shall cease to hold that position and
be transferred to the GSA.
7.5.3 a Leading Station
Officer or Station Officer successfully applies for a Country Senior Officer
position pursuant to subclause 28.7.3, in which case the Leading Station
Officer or, subject to subclause 28.7.3.3, Station Officer shall be transferred
to that station/location and shall perform the duties of the vacant position
until such time as he or she is either promoted, or ceases to be eligible for
such promotion pursuant to subclause 13.10.2. An employee who ceases to be
eligible for such promotion shall cease to hold that position and be
transferred to the GSA.
7.5.4 a Leading Station
Officer or Station Officer successfully applies for an Operational Support
Inspector’s position pursuant to subclause 28.7.4, in which case the Leading
Station Officer or Station Officer (as the case may be) shall be transferred to
that station/location and shall perform the duties of the vacant Operational
Support Inspector’s position until such time as he or she is either promoted,
or ceases to be eligible for such promotion pursuant to subclause 13.10.2. An
employee who ceases to be eligible for such promotion shall cease to hold that
position and, if located outside of the GSA, be transferred to the GSA.
7.5.5 a Senior Firefighter successfully applies for an Operational Support
Station Officer’s position pursuant to subclause 14.10.1, in which case the
Senior Firefighter shall be transferred to that
station/location and shall perform the duties of the vacant Operational Support
Station Officer’s position, until such time as they are either promoted
(subject to subclauses 14.10.4), or cease to be eligible for such promotion
pursuant to subclauses 13.7.4 and 13.8.2. An employee who ceases to be eligible
for such promotion shall cease to hold that position and, if located outside of
the GSA, be transferred to the GSA.
7.6 For the avoidance
of doubt, the intention of subclauses 7.2, 7.3, 7.4 and 7.5 is to ensure that
Station Officer positions are ordinarily filled by
employees holding the rank of Station Officer or Leading Station Officer, and
that Inspector positions are ordinarily filled by employees holding the rank of
Inspector.
7.7 An employee
performing higher duties shall be paid the difference between the employee's
usual rate of pay and the minimum rate of pay for the rank or classification in
which the higher duties are performed.
An employee who is ordinarily entitled to an allowance at subclause
6.6.3 to 6.6.13 (inclusive) shall continue to be paid such allowance while they
are performing higher duties.
7.8 An employee
performing higher duties who proceeds on any form of leave shall be paid during
such leave at the employee’s usual rate of pay and not at the rate of pay of
the rank or classification in which the higher duties were being performed.
7.9 While a Senior
Officer who relieves an Executive Officer shall be remunerated for the period
of relief in terms of subclause 7.7, such employee shall, with the exception of
provisions relating to hours of work and overtime, retain the conditions of
employment applicable to a Senior Officer. In relation to hours of work and
excess hours such an employee shall, for the period of relief, be covered by
subclause 8.13 of Clause 8, Hours of Work.
7.10 In selecting
employees to perform higher duties the following procedures shall apply:
7.10.1 Where the period
of relief is to be less than one month, merit selection need not be applied.
However, the Department shall have regard to the principles of equitably
sharing career development opportunities.
7.10.2 Where the period
of relief of an Executive Officer or an Operational Support position is one
month or more and the need for the relief is known in advance, expressions of
interest shall be called for and determined by merit selection.
7.10.3 Where the need for
the relief of an Executive Officer or an Operational Support position is not
known in advance, but it subsequently becomes known that the duration of the
relief is anticipated to be for two months or more, the initial appointment
shall be made in accordance with subclause 7.10.1. However, immediately
following that initial appointment expressions of interest are to be called for
and determined by merit selection.
8. Hours of Work
8.1 Subject to
subclauses 8.2.2 and 8.2.3, the average ordinary working hours of Operational Firefighters shall be forty hours per week over the cycle of
weeks for which the rosters of ordinary hours of duty and leave operate. All
rosters include, in addition to the average forty ordinary hours per week, an
average per week of two hours of thirty-eight hour week leave accrual which
shall be accumulated and added to annual leave accrual and taken in accordance
with Clause 17, Annual Leave.
8.2 Arrangement of
Rosters
8.2.1 Subject to
subclause 8.9, Operational Firefighters shall work
the roster in operation at the station/location to which they are permanently
attached and this roster shall be known as their default roster. No default
roster shall allow rostered shifts in excess of fourteen hours duration. Any
proposed change at any location from one roster system to another, or to a new
roster system, shall only occur following consultation between the Department
and the Union.
8.2.2 Operational Firefighters may, with the Department’s agreement, elect to
work alternative rosters to their default roster, provided that any such
alternative roster:
8.2.2.1 must
operate over an eight-week cycle and be drawn up and provided to both the
Operational Firefighter and the Union not less than
fourteen days prior to commencement;
8.2.2.2 must allow at least eight consecutive hours between the
cessation of one rostered shift and the commencement of the next rostered
shift;
8.2.2.3 must operate within the hours of the Operational Firefighter’s default roster, provided that employees whose
default roster is the Special Roster may apply to work alternative rosters that
commence and cease up to two hours earlier or later than provided by the
Special Roster.
8.2.2.4 must not allow split or broken shifts;
8.2.2.5 must not allow a reduction in the minimum Operational Firefighter staffing required at the station/location in
question;
8.2.2.6 must
not allow more than five days’ work, or more than five rostered shifts, in any
seven day period; and
8.2.2.7 must not average more than forty two ordinary working hours
per week over the eight-week cycle.
8.2.3 An Operational Firefighter who elects to work an alternative roster that
allows fewer average ordinary working hours than allowed for by subclause 8.1
shall be paid and accrue leave on a pro-rata basis.
8.2.4 Notwithstanding anything to the contrary
elsewhere in this Award, an Operational Firefighter
who elects to work an alternative roster that allows one or more 24 hour shifts
shall:
8.2.4.1 be paid the Relieving Allowance, if payable, twice for each
rostered 24 hour shift so worked; and
8.2.4.2 have any Outduty performed during
a rostered 24 hour shift counted as two Outduties for
the purposes of subclause 12.17; and
8.2.4.3 have the period before a Stand By
becomes an Outduty during a rostered 24 hour
shift doubled, but only if the
Stand By is performed to cover the absence of another employee who was
rostered to work a 24 hour shift;
and
8.2.4.4 have
any compassionate leave taken during a rostered 24 hour shift counted as two
shifts for the purposes of subclause 18.1; and
8.2.4.5 have
any unsupported sick leave absence taken during a rostered 24 hour shift
counted as two separate occasions for the purposes of subclause 23.8 except;
8.2.4.5.1 a part shift sick leave
absence falling between 0800 and 1800 hours or a part shift sick leave absence
between 1800 and 0800 will be counted as one occasion for the purposes of subclause 23.8.
8.2.4.5.2 The arrangements in
subclause 8.2.4.5.1 will cease on the expiration of this Award unless either
party terminates these arrangements sooner
8.2.4
a In all
cases, the Relieving Allowance paid at subclause 8.2.4.1 and the Outduties and leave counted at subclauses 8.2.4.2, 8.2.4.4
and 8.2.4.5 shall not be paid or counted either less or more than twice during
a 24 hour rostered shift.
8.2.5 Subject to subclause 8.2.6, the Department shall return an
Operational Firefighter who is working an alternative
roster to their default roster within fourteen days of receipt of a written
request from the Operational Firefighter.
8.2.6 Where the Department’s agreement to the working of an alternative
roster was conditional upon one or more Operational Firefighters
working an alternative roster in concert with each other and one or more of
those Operational Firefighters submits a written
request to return to their default roster, the Department:
8.2.6.1 shall return the Operational Firefighter(s)
who requested to return to their default roster within 28 days; and
8.2.6.2 shall notify the remaining Operational Firefighters,
in writing, of that request within 7 days; and
8.2.6.3 may return the Operational Firefighters
to their default rosters not less than 21 days following their receipt of
notification at subclause 8.2.6.2.
8.3 Standard 10/14
Roster System
|
1st Week
|
2nd Week
|
3rd Week
|
4th Week
|
Platoon
|
F S S M
T W T
|
F S S M
T W T
|
F S S M
T W T
|
F S S M
T W T
|
A
HOURS
|
D
D
N N
48
|
D
D
N N
48
|
D D N N
48
|
D D N
N
48
|
B
HOURS
|
N
N D
38
|
D
N N
38
|
D
D
N N
48
|
D
D
N N
48
|
C
HOURS
|
D D N
34
|
N D D
34
|
N
N D
38
|
D
N N
38
|
D
HOURS
|
D D N
N
48
|
D D N N
48
|
D D N
34
|
N D D
34
|
|
5th Week
|
6th Week
|
7th Week
|
8th Week
|
Platoon
|
F S S M
T W T
|
F S S M
T W T
|
F S S M
T W T
|
F S S M
T W T
|
A
HOURS
|
D D N
34
|
N D D
34
|
N
N D
38
|
D
N N
38
|
B
HOURS
|
D D N N
48
|
D D N
N
48
|
D D N
34
|
N D D
34
|
C
HOURS
|
D
D
N N
48
|
D
D
N N
48
|
D D N
N
48
|
D D N
N
48
|
D
HOURS
|
N
N D
38
|
D
N N
38
|
D
D
N N
48
|
D
D
N N
48
|
8.3.1 The Standard
10/14 roster system is based on four platoons over an 8-week cycle.
8.3.2 The shifts within
the Standard 10/14 roster cycle shall be as set out in the Table at subclause
8.3 where: D = 0800 hours to 1800 hours; and N = 1800 hours to 0800 hours.
8.4 Back to Back
Roster System
|
1st Week
|
2nd Week
|
3rd Week
|
4th Week
|
Platoon
|
F S S M
T W T
|
F S S M
T W T
|
F S S M
T W T
|
F S S M
T W T
|
E
HOURS
|
D
D D D
48
|
D
D D D
48
|
D D D D
48
|
D D D D
48
|
F
HOURS
|
D D D
36
|
D D D
36
|
D
D D 36
|
D
D D
36
|
|
5th Week
|
6th Week
|
7th Week
|
8th Week
|
Platoon
|
F S S M
T W T
|
F S S M
T W T
|
F S S M
T W T
|
F S S M
T W T
|
E
HOURS
|
D D D
36
|
D D D
36
|
D
D D
36
|
D D D
36
|
F
HOURS
|
D
D D D
48
|
D
D D D
48
|
D D D D
48
|
D D D D
48
|
8.4.1 The Back to Back
roster is based on two platoons over an 8-week cycle.
8.4.2 The shifts within
the Back-to-Back roster cycle shall be as set out in the Table at subclause 8.4
where: D = 0600 hours to 1800 hours.
8.5 Overlap Roster
System
|
1st Week
|
2nd Week
|
3rd Week
|
4th Week
|
Platoon
|
F S S M
T W T
|
F S S M
T W T
|
F S S M T
W T
|
F S S M
T W T
|
G
HOURS
|
D D D D D
52.5
|
D D D
31.5
|
D D D D D
52.5
|
D D D
31.5
|
H
HOURS
|
D D D
31.5
|
D D D D D
52.5
|
D D D
31.5
|
D D D D D
52.5
|
|
|
|
|
|
|
5th Week
|
6th Week
|
7th Week
|
8th Week
|
Platoon
|
F S S M
T W T
|
F S S M T
W T
|
F S S M
T W T
|
F S S M
T W T
|
G
HOURS
|
D D D D D
52.5
|
D D D
31.5
|
D D D D D
52.5
|
D D D
31.5
|
H
HOURS
|
D D D
31.5
|
D D D D D
52.5
|
D D D
31.5
|
D D D D D
52.5
|
|
|
|
|
|
|
|
|
8.5.1 The Overlap
roster system is based on two platoons over an 8-week cycle.
8.5.2 The shifts within
the Overlap roster cycle shall be as set out in the Table at subclause 8.5
where: D = 0700 hours to 1730 hours.
8.6 Special Roster
System
8.6.1 The Special
Roster System is a Monday to Friday day shift roster with the commencing and
ceasing times for Monday to Thursday being 0800 hours to 1630 hours,
respectively and for Friday 0800 hours to 1600 hours respectively.
8.7 Except for fire
stations operating the Standard 10/14 roster system on the date of the making
of this Award, the roster prescribed in subclause 8.3 of this clause shall not
apply to fire stations which the Department determines shall be staffed by
employees on a full-time basis for less than 168 hours per week and by Retained
Firefighters for the balance of the week where the
ordinary hours not exceeding 40 per week shall be worked as directed by the
Department from time to time.
8.8 The average
ordinary working hours of employees holding the classification of Recruit Firefighter shall be 40 hours per week. The rostered hours
of work for Recruit Firefighters shall be arranged so
that they shall not accrue 38 hour leave. The hourly rate of pay of an employee
holding the classification of Recruit Firefighter
shall be determined by dividing the weekly rate of pay for a Recruit Firefighter by 40.
8.9 Irrespective of
which roster is for the time being applicable, the following general conditions
shall apply:
8.9.1 In the event of
an alarm, requiring any station to stand by or respond to an incident, being
received at the station during roll call, the oncoming platoon shall, if
required, respond to the incident. The off-going platoon shall remain on duty,
if required, or until otherwise directed. Roll calls shall be conducted by the
station bell being rung two minutes before rostered time to change shift.
8.9.2 The oncoming
shift available in the station may attend roll call without any overtime
penalty being incurred, but on completion of the roll call and the
Officer-in-Charge being satisfied that there are adequate staff for the shift,
the off-going shift shall then be dismissed.
8.9.3 No employee shall
be charged with being absent from duty who misses the roll call at two minutes
in the time set for the change of shift, provided that the employee is on
station premises by the rostered time for the shift to commence. An employee
retained beyond the ceasing time of the shift shall be paid overtime.
8.9.4 If, when the
oncoming platoon reports at a station at the time prescribed for the change of
shift, the other platoon is proceeding to or attending an incident or alarm,
the oncoming platoon, if so ordered, shall after roll call, proceed to the
incident and the Officer or senior members of the platoon shall report, without
delay, the arrival of the platoon to the Officer-in-Charge of the incident. The
off-going platoon shall remain on duty at the incident until relieved.
8.9.5 The
Officer-in-Charge of the incident may, if in that Officer's judgment it is
expedient, hold both the oncoming and off-going platoons for duty at the
incident. If the off-going platoon is not held at the incident or is not
detained at the incident for duty elsewhere, it shall report back to the
station and shall remain available until the other platoon returns or until
otherwise directed, when it shall be dismissed.
8.9.6 In the event of
one or more members of the ongoing platoon being absent an equal number of
members in the platoon on duty shall be liable to be detained on duty until
such time as they may be relieved. Nothing herein contained shall be deemed to
sanction an unauthorised absence or to relieve the absent member from a
liability to be charged with being absent without leave and dealt with
accordingly.
8.10 The rosters
provide for an amount of residual leave of 7.25 hours per annum, which is to be
credited as consolidated leave, on the anniversary of the employee's date of
commencement of employment by the Department notwithstanding the provisions of
subclause 8.8.
8.11 Employees shall not work in excess of sixteen
(16) hours straight except in the case of a call to an incident or other
emergency circumstances, or by agreement pursuant to subclause 8.12.
8.12 Employees may elect, but not be directed, to
work in excess of sixteen (16) hours straight by way of overtime, an
alternative roster or a change of shift agreement provided:
8.12.1 that
such employees have the Department’s approval to do so; and
8.12.2 that
such employees have at least eight consecutive hours off duty between the
cessation and recommencement of duty; and
8.12.3 that no employee
shall be permitted to work in excess of twenty four (24) hours straight except
in the case of a call to an incident or other emergency circumstances, or a
staff shortage pursuant to subclause 8.9.6.
8.13 Executive Officers
Executive Officers shall work an average of forty
ordinary hours per week on a flexible basis according to the needs of the
organisation on any day of the week or at any time of the day.
8.14 Change of Shift
Agreements
Notwithstanding anything to the contrary elsewhere
within this Award, two or more Non-Officers, Officers or Senior Officers (as
the case may be) may enter into a full or part change of shift agreement with
each other subject to the following conditions:
8.14.1 Employees shall
apply in writing at least 24 hours prior to performing a full or part change of
shift. This application, which may provide for multiple and/or recurring
changes of shift, shall include the number of hours, the relevant times and
date(s) and the names and signatures of both the employee(s) seeking the change
and the employee(s) who shall be working in their stead.
8.14.2 An approved change of shift agreement shall
operate so that:
8.14.2.1 The
employee who was originally rostered to work, but did not do so (Employee A)
shall:
8.14.2.1.1 be paid the wages they would otherwise have been paid
pursuant to subclause 6.2.1 for that shift or part shift; and
8.14.2.1.2 accrue
the leave they would otherwise have accrued pursuant to Clauses 17, 20 and 23
for that shift or part shift; and
8.14.2.1.3 subject to subclauses 12.6 and 8.14.2.2.2, be paid the
Relieving Allowance as if they had worked that shift or part shift.
8.14.2.2 The
off-duty employee who works in Employee A’s stead (Employee B) shall:
8.14.2.2.1 be recognised
for and paid for all purposes other than those listed at subclauses 8.14.2.1 as
if they had been rostered to work those hours, provided that any time so worked
by Employee B in excess of Employee A’s originally rostered hours will be paid
as overtime pursuant to Clause 9; and
8.14.2.2.2 subject
to subclause 12.6, be paid the Relieving Allowance provided: firstly; that
Employee B shall always assume Employee A’s base station for the purposes of
Clause 12; and secondly; if Employee A and Employee B satisfy the requirements
of subclause 12.6 then only Employee B shall be paid the Relieving Allowance
and, if applicable, only Employee B shall be considered to have performed an Outduty.
8.14.2.3 Employees
may take leave (including annual and long service leave) during an operative
change of shift agreement. Such employees shall not be required to make
alternative arrangements (which, if necessary, shall be made instead by the
Department) in the event that they or any other employee who is party to that agreement
takes leave, scheduled or otherwise.
8.14.2.4 If Employee A takes annual leave or
long service leave during an operative change of shift agreement then Employee
A shall have both the hours they were rostered to work and the change of shift
hours they had agreed to work for any other employee(s) deducted from Employee
A’s annual leave balance or long service leave balance.
8.14.2.5 If Employee B works an agreed change of
shift for Employee A while Employee A is on annual leave or long service leave
then Employee A shall be credited with the same number of annual leave or long
service leave hours as worked by Employee B for Employee A.
8.14.2.6 If Employee B takes any form of leave
(including, for example, sick leave) when scheduled to work an agreed change of
shift for Employee A then those leave hours shall be deducted (but not paid
for) from Employees B’s relevant leave balance, unless it is a part change of shift agreement pursuant to 8.14.2.7.
8.14.2.7 Employee B may elect to enter into a
change of shift agreement while on annual leave. In these circumstances,
Employee B’s entire annual leave period shall be debited for the hours they
were rostered off on annual leave.
8.14.3 Employees shall
not be permitted to perform full or part changes of shift immediately prior to
or following their own rostered shift unless that full or part change of shift
is to be worked at the same station as that rostered shift.
8.14.4 An on duty employee who has arranged a part change of shift
shall not be permitted to leave duty until properly relieved by the employee
who has agreed to work in their stead.
8.14.5 If there is a call
of fire or any other emergency that disturbs or prevents a previously arranged
part change of shift, no arrangement shall be made, or be expected to be made,
to recall another employee. Any inconvenience shall be borne by the employees
concerned without redress.
8.14.6 The Department
shall not refuse an application to perform a full or part change of shift
without good and proper reason, but may cancel a previously approved change of
shift on the same basis provided sufficient notice is given to the affected
employees.
8.14.7 Subject to
subclause 8.14.2.3, an employee who has entered into a change of shift
agreement will remain bound by that agreement unless and until such time as the
other employee(s) concerned agrees, in writing, to terminate that agreement, or
a change of shift is cancelled by the Department pursuant to subclause 8.14.6.
9. Overtime
9.1 Subject to
subclause 9.2, overtime shall be paid for at the rate of time and one-half for
the first two hours and at the rate of double time thereafter, provided that an
employee who is required to work overtime shall be entitled to payment for at
least 15 minutes of overtime on each occasion that the employee is called upon
to work overtime. To avoid
doubt, where work commences prior to the start of an employee’s rostered shift and continues beyond the conclusion of that
shift then the relevant rate of pay shall be determined by having regard to the
entire period of overtime worked, so that any and all overtime worked in excess
of two hours is paid at the rate of double time.
9.2 Any time worked by
an employee in excess of 24 consecutive hours shall be paid for at the rate of
double time, regardless of that employee's roster.
9.3 For meal
allowance entitlements where an employee works overtime, see Clause 10, Meals
and Refreshments.
9.4 When it is
reasonably necessary for an employee who has returned to the station either
before or after the ceasing hour of the shift to clean up before leaving the
station, and thereby justifiably leaves the station after the ceasing hour, the
time so reasonably and necessarily occupied beyond the ceasing hour shall be
paid for as overtime.
9.5 The hourly rate
of pay for an employee in the classification of Firefighter,
Qualified Firefighter, Senior Firefighter,
Leading Firefighter, Station Officer, Leading Station
Officer, Inspector, Operational Support Level 1, Operational Support Level 2 or
Operational Support Inspector shall be ascertained for the purpose of this
clause by dividing the employee’s “Per Week” rate of pay by 41.75. The hourly
rate of pay for an employee in the classification of Recruit Firefighter, Operational Support Level 2a or Operational
Support Level 3a shall be ascertained for the purpose of this clause by
dividing the employee’s “Per Week” rate of pay by 40.
9.6 Recall to
Incident
9.6.1 An employee who
is off duty and who is called upon, pursuant to subclause 9.6.2, to report for
duty to attend an incident shall be entitled to a minimum payment equal to two
hours at overtime rates.
9.6.2 Notwithstanding
anything elsewhere contained in this clause, in the case of an incident, all
employees off duty shall be liable to be called upon to report for duty and if
called upon shall report immediately for duty
9.6.3 An employee who
is on annual leave or long service leave and who reports for duty to attend an
incident shall, in addition to payment pursuant to subclause 9.1, be credited
with consolidated leave equal to the amount of time so worked.
9.6.4 For meal
allowance entitlements when the employee remains on duty for a period of four
hours or more in connection with a recall pursuant to subclause 9.6.1, see
Clause 10, Meals and Refreshments.
9.7 Recall to
Maintain Required Staffing Levels
9.7.1 An employee off
duty who is required to report for duty for the purpose of maintaining required
staffing levels shall, on so reporting, be entitled to a minimum payment equal
to four hours at overtime rates.
9.8 Where an
employee recalled pursuant to either subclauses 9.6.2 or 9.7.1:
9.8.1 Is required to
transport the employee's gear from the station/location at which the gear is
located to another station/location in order to perform the duties of the
recall, such employee shall be paid the Kilometre Allowance set at Item 2 of
Table 3 of Part C, for the distance travelled on the forward journey between
the two locations, provided that employees who are placed upon a transfer
register pursuant to clause 28, Transfers Outside of the GSA, and are claiming
residential priority shall instead be paid the Kilometre Allowance for the
distance between the permanently staffed station closest to their primary
residence and the station/location where the duties of the recall are to be
performed.
9.8.2 Is required to
transport the employee's gear back to the station/location at which the gear
was located because the Department is unable to do so, the employee shall also
be entitled to be paid kilometres equal to the forward journey at subclause
9.8.1. For the purpose of this subclause "distance travelled" means
the agreed distance or, if the distance is not covered by a Matrix, the actual
kilometres between the two stations/locations.
9.8.3 Incurs a toll as a consequence of using a bridge, tunnel or
motorway when travelling to perform the recall, such employee shall be
reimbursed for the cost of the toll.
9.9 On such nights
as may be fixed by the Department or by the Commissioner on reasonable notice
in the circumstances not exceeding two nights in any week, an employee shall
work such overtime as is reasonably necessary for usual Brigade inspections, or
for giving instructions to Retained Firefighters.
9.10 When overtime
work is necessary it shall, except in the case of an emergency, be so arranged
that employees have at least eight consecutive hours off duty between the work of successive shifts. Where an employee works so much
overtime between the termination of the employee's ordinary work on any day or
shift, and the commencement of the employee's ordinary work on the next day or
shift, that the employee has not had at least eight consecutive hours off duty
between these times, the employee shall be released after completion of such
overtime until the employee has had eight consecutive hours off duty without
loss of pay for ordinary working time occurring during such absence.
9.10.1 If on the
direction of the employee's authorised supervisor, such employee resumes or
continues work without having had such eight consecutive hours off duty, the
employee shall be paid at the rate of double time until the employee is
released from duty for such period, and the employee shall be entitled to be
absent until the employee has had eight consecutive hours off duty without loss
of pay for ordinary working time occurring during such absence.
9.10.2 Provided that
while recalls shall be paid for at overtime rates in accordance with this
Award, where the actual total time worked on a recall or recalls is less than 3
hours it shall not count for the purpose of determining whether an employee has
had an eight hour break pursuant to this subclause.
10. Meals and
Refreshments
10.1 Attendance at an
Incident
10.1.1 For the purposes
of this clause, an "incident" also includes hazard reduction or any
similar situation where facilities comparable to those provided at fire
stations are not available to partake of a meal.
10.1.2 Where an employee
attends an incident which extends for two hours or more; Refreshments shall be
provided no later than two hours after the start of the incident.
10.1.3 Where such an
incident extends for four hours or more, the employee shall be provided with a Substantial Meal. After every
subsequent four hours of attendance at such an incident, a further Substantial Meal shall be provided.
10.2 Payment in Lieu
of the Provision of Refreshments/Meals
10.2.1 Where Refreshments
are not provided in terms of subclause 10.1.2, the Refreshment Allowance set at
Item 15 of Table 3 of Part C, shall be paid.
10.2.2 Where
an Emergency Meal is supplied in lieu of a Substantial Meal, the Refreshment
Allowance set at Item 15 of Table 3 of Part C,
shall be paid.
10.2.3 Where a Substantial Meal or Emergency Meal is not
provided in terms of subclause 10.1.3, the Meal Allowance set at Item 14 of
Table 3 of Part C, shall be paid.
10.3 During Overtime
10.3.1 An employee who works overtime which:
10.3.1.1 involves the attendance at an incident shall
be provided with refreshments/meals in terms of subclauses 10.1.2 and 10.1.3 or
the payment in lieu thereof as prescribed in subclause 10.2;
10.3.1.2 does not involve
attendance at an incident and is not a recall for the purpose of maintaining
required staffing levels, shall, if such overtime extends for more than two
hours, be paid the Meal Allowance set out at Item 14 of Table 3 of Part C.
After every subsequent four hours of such overtime worked, the Refreshment
Allowance set out at Item 15 of Table 3 of Part C, shall be paid.
10.4 Method of Payment
and Calculation of Allowances in Lieu of Refreshments/Meals
10.4.1 The payments referred to in subclause 10.3.1.2
(only) shall, unless the Officer-in-Charge is not available to make such
payment, be made prior to or at the cessation of the shift or overtime as the
case may be. In cases where the
Officer-in-Charge is not available to make payment, the employee shall be paid
at the earliest opportunity thereafter.
10.4.2 The allowances referred to in this clause shall
be calculated as follows:-
10.4.2.1 The Meal Allowance at Item 14 of Table 3 of
Part C, is the average, rounded to the nearest five
cents, of the amounts prescribed for the overtime meal allowances for
breakfast, lunch and dinner at Item 19 of Table 1 Part B of the Crown Employees
(Public Service Conditions of Employment) Award 2002.
10.4.2.2 The Refreshment Allowance in Item 15 of Table
3 is half, rounded to the nearest five cents, of the Meal Allowance in Item 14
of Table 3 of Part C.
10.4.2.3 The amounts specified in 10.4.2.1 and
10.4.2.2 shall be adjusted on 1 July in
line with the corresponding
reasonable allowance amount for overtime meals for the appropriate financial year as published by the Australian
Taxation Office (ATO).
11. Transport
11.1 Where an employee
has been rostered for duty and works from 0800 hours to 1800 hours and is
retained on overtime and ceases duty after 2000 hours and public transport or
other normal means of transport is not reasonably available, arrangements may
be made by the Department to provide transport (by taxi or otherwise) to ensure
that the employee obtains reasonable transport home.
12. Relieving
Provisions
12.1 The provisions of
this clause shall only apply to:
12.1.1 Relieving Employees, as defined in Clause 4,
when such employees work a rostered shift at either the employee's base
station/location or performs a relief duty at another station/location; and
12.1.2 Other employees when such employees perform an
"Outduty", as defined in Clause 4.
12.2 Relieving
Employees shall be assigned to a base station/location which, as far as is
practicable having regard to the Department's operational requirements, is in
the employee's stated preferred Zone, or in the Zone closest to the employee's
residence.
12.3 Relieving
Employees shall report for duty at their base station/location unless otherwise directed.
12.4 Subject to the
exceptions in subclause 12.4.1, employees cannot be directed to perform relief
duty outside the Fire District to which they are attached.
12.4.1 Exceptions
12.4.1.1 Relieving Employees (pursuant to subclause
12.1.1);
12.4.1.2 Employees (pursuant to subclause 12.1.2) who
are placed upon a transfer register pursuant to clause 28, Transfers Outside of
the GSA, and are claiming residential priority may be directed to relieve in an
area to which that transfer register applies.
12.5 Notwithstanding
the provisions of subclause 12.4, any employee may elect to perform relief duty
outside the Fire District to which they are attached.
12.6 Relieving
Allowance
12.6.1 The Relieving Allowance set at Item 16 of Table
3 of Part C shall be paid to:
12.6.1.1 a Relieving Employee for each rostered shift
worked by the employee at the employee's base station and, except as provided
for by subclause 12.6.2 or as otherwise provided by this Award, for each
rostered shift on which the employee performs a relief duty at another
station/location.
12.6.1.2 other employees on
each occasion, except as provided for by subclause 12.6.2 or as otherwise
provided by this Award, when such employees perform an Outduty
in terms of subclause 12.1.2.
12.6.2 Unless otherwise provided in this Award, the
Relieving Allowance prescribed in subclause 12.6.1 shall not be paid to either
a Relieving Employee (or other employee pursuant to subclause 12.1.2) in cases
where the employee is compensated for excess travelling time and/or payment for
travel/accommodation expenses in accordance with the provisions of Clause 26,
Travelling Compensation.
12.7 Unless
specifically provided for elsewhere in this clause, when a Relieving Employee
(or other employee pursuant to subclause 12.1.2) is required to perform relief
duty on a rostered shift at another station/location:
12.7.1 included within a Matrix and for which an
agreed distance therefore exists, the employee shall be entitled to, in
addition to the relieving allowance, payment of the Kilometre Allowance set out
at Item 2 of Table 3 of Part C, for that agreed distance.
12.7.2 not included within a
Matrix or where the base station/location and other stations/locations are in
separate Matrices and therefore not covered by subclause 12.7.1:
12.7.2.1 with prior notice, the employee shall be entitled to payment
of:
12.7.2.1.1 the
Relieving Allowance; and
12.7.2.1.2 if required to
transport the employee’s gear in order to perform the relief duty, the
Kilometre Allowance set out at Item 2 of Table 3 of Part C, for the distance
travelled on the forward journey from the station/location at which the gear is
located to the relief station/location; and
12.7.2.1.3 for travel other than for the transport of the employee’s
gear, the Kilometre Allowance set out at Item 2 of Table 3 of Part C for any
excess distance travelled. For the purposes of this subclause, excess distance
shall be any distance actually and reasonably travelled by the employee to the
relief station/location in excess of that normally travelled by the employee to
report for duty at the employee's base station/location; and
12.7.2.1.4 if the Department is unable to transport the employee’s gear
back to the station/location at which the gear was located, the Kilometre
Allowance set out at Item 2 of Table 3 of Part C, for the return kilometres
equal to the forward journey.
12.7.2.2 without prior notice, the employee shall be entitled to, in
addition to the relieving allowance, payment of the Kilometre Allowance set out
at Item 2 of Table 3 of Part C, for the distance actually travelled.
12.7.2.3 For
the purpose of this subclause "prior notice" means notice given
whilst the employee was on duty, either during their rostered hours of work or
whilst on overtime.
12.7.2.4 For
the purposes of subclauses 12.7.2.1.2 and 12.7.2.1.4 only, if an employee
elects to perform relief duty outside of the fire district to which they are
attached then the employee’s base station/location shall be the closest
permanently staffed station to their primary residence.
12.7.2.5 the provisions of subclause 12.7.2.1 are to be read in
conjunction with the provisions of subclause 12.8.
12.8 If, in a
particular case, an employee considers that the presumed "no
disadvantage" envisaged in the provisions of 12.7.2.1 is in fact not the
case, the employee may submit a claim for the total compensation that the
employee considers to be reasonable in the circumstances. All such claims must
be supported with written reasons.
12.9 For the purpose
of this Clause, "distance" shall mean the agreed return distance
prescribed between two stations/locations in a Matrix. Each Matrix shall stand
alone for the purpose of calculating the relevant distance. If the distance between
two stations/locations is not prescribed in a Matrix, then "distance"
shall mean the actual distance necessarily and reasonably travelled.
12.10 The parties
acknowledge that the majority of the distances contained in the Matrices have
been calculated using an electronic measuring device. In the event that a
discrepancy is identified, the distance in question shall first be rechecked
using the electronic measuring device. If the discrepancy still exists then the
distance in question shall be checked using, if practicable, a motor vehicle,
and if not, some other method agreed to by the Department and the Union.
12.10.1 If a distance in the Matrices is found to
be incorrect, then a new agreed distance will be determined. Any new distance
and its effective date will be published in the next available Commissioner's
Orders.
12.10.2 In cases where the corrected distance is
more than that shown in the Matrices, it will take effect from the beginning of
the pay period in which the discrepancy was first notified in writing by an
employee.
12.10.3 In cases where the revised distance is less
than that contained in the Matrices, the new distance will operate
prospectively from the beginning of the first pay period to commence on or
after the date that the new distance is published in Commissioner's Orders.
12.11 Multiple Reliefs During a Rostered Shift.
12.11.1 Where a Relieving Employee (or other
employee pursuant to subclause 12.1.2)
performs relief duties during a rostered shift at more than one station/location,
payment shall be made for kilometres for the forward journey/journeys between
the station at which duty commenced and the subsequent station/s and between
the station at which duty ceased and the station at which duty commenced.
Provided that this provision shall not reduce any entitlement that the employee
may have in relation to commencing duty at the station at which duty commenced.
12.11.2 The provisions of subclause 12.11.1 shall not apply in cases where the provisions
of Clause 26, Travelling Compensation, apply.
12.12 Provision of
Transport
12.12.1 Where a Relieving Employee (or other
employee pursuant to subclause 12.1.2)
is directed without prior notice after the commencement of a rostered shift, to
perform relief duty at another station/location, the employee may request the
provision of transport by the Department.
12.12.2 Where an employee requests the provision of
transport in terms of subclause 12.12.1,
the employee shall be entitled to the following provisions. Apart from these
provisions, no other provisions of this clause shall apply.
12.12.2.1 Payment of the Relieving Allowance.
12.12.2.2 Except if the employee makes an election in terms of subclause 12.12.2.3, the employee
shall be entitled to transport back to the station/location at which duty
commenced and to travelling time as prescribed in Clause 26, Travelling
Compensation, for the time actually taken, from the completion of duty, to
return to the station at which duty commenced.
12.12.2.3 Where an employee elects to return to the station/location
after completion of duty to the station at which duty commenced by the
employee's own means, the employee shall be entitled to be paid the Kilometre
Allowance set at Item 2 of Table 3 of Part C, for half the distance prescribed
in the relevant Matrix. If no distance is prescribed, the distance shall be the
actual distance necessarily and reasonably travelled by the employee to return
to the station at which duty commenced.
12.13 Where a Relieving
Employee (or other employee pursuant to subclause
12.1.2) incurs a toll as a consequence of using a bridge, tunnel or
motorway when travelling to perform a relief duty, such employee shall be
reimbursed for the cost of the toll.
12.14 A Relieving
Employee (or other employee pursuant to subclause
12.1.2), who is directed to perform a relief duty on a rostered shift at
a station/location which requires the employee to reside at a place other than
the employee's residence, shall be entitled to the relevant provisions of
Clause 26, Travelling Compensation, in lieu of the provisions of this clause.
12.15 Where a Relieving
Employee (or other employee pursuant to subclause
12.1.2) performs a relief at a station/location which, under normal
circumstances would not require the employee to reside at a place other than
the employee's residence, but because of special circumstances the employee is
given approval by the Department for accommodation in order to have sufficient
rest before returning home, the employee shall be entitled to the following:
12.15.1 Appropriate accommodation provided or
arranged by the Department.
12.15.2 Retention of the Relieving Allowance.
12.15.3 With the exception of travelling time and
costs for travel, the relevant provisions of Clause 26, Travelling
Compensation.
12.15.4 The Kilometre Allowance set at Item 2 of
Table 3 of Part C, as if the employee had not stayed in the accommodation.
12.16 The Relieving
Allowance set at Item 16 and the Kilometre Allowance set at Item 2 of Table 3
of Part C, include compensation for excess travelling time and the cost of
excess travel to and from the station/locations at which relief duties are
performed on a rostered shift.
12.17 Performance of Outduties.
12.17.1 An
employee cannot be directed to perform more than twelve (12) Outduties in any Calendar year, unless the employee is a
Leading Station Officer who is performing higher duties pursuant to Clause 7.
12.17.2 Notwithstanding
the provisions of subclause 12.17.1, an employee may elect to perform more than
twelve (12) Outduties in any Calendar year.
12.18 The provisions of
this clause do not apply in cases where an employee acts up in a position
following an expression of interest pursuant to subclause 7.10.2 or where an
employee acts up as an Executive Officer, or where an employee, not being a
Relieving Employee, acts up at the employee's base station/location.
12.19 Unless specifically provided for by this
Clause, the provisions of Clause 12, Relieving Provisions and Clause 26,
Travelling Compensation, shall be mutually exclusive. That is, an employee
shall be entitled to claim, in relation to a particular situation, under either
Clause 12, or Clause 26, shall not be entitled to claim under both.
12.20 Notwithstanding
subclause 12.19, a relieving employee who:
12.20.1 is
directed to perform relief duty outside the fire district to which they are
attached and who is entitled to claim the provisions of subclause 26.3.1;
and/or
12.20.2 is
directed to perform overtime at a temporary work location before the normal
commencing time of their rostered shift and who is entitled to claim the
provisions of subclause 26.3.1.1;
shall be paid such entitlements and retain the
entitlements of Clause 12.
12.21 Where an employee is required to use the
employee's private vehicle to perform a Stand By, compensation shall only be in
terms of subclause 6.6.2.1.
12A. Interstate and International
Deployments
12a.1 Subject
to subclause 12a.2, the provisions of this Clause shall apply to employees who are
invited and who elect to respond to an extended interstate or international emergency as part of a
deployment.
12a.2 In the case of routine cross-border incidents and/or
interstate or international deployments of less than 48 hours and/or
direction to respond to
an interstate or international emergency, employees shall remain entitled to the general provisions of this Award
and the special provisions of this Clause shall not apply.
12a.3 Employees
shall be paid for travelling time to and from the emergency:
12a.3.1 on
the day of departure until midnight Sydney time, in accordance with Clause 26,
provided that subclauses 26.1.4, 26.1.7 and 26.2 shall not apply; and
12a.3.2 on
any day between the day of departure to and the day of return from the
deployment, in accordance with subclause 12a.4.2; and
12a.3.3 on
the day of return, in accordance with Clause 26, provided that subclauses
26.1.4, 26.1.7 and 26.2 shall not apply.
12a.4 Employees shall be
paid for work performed:
12a.4.1 on the
day of departure until midnight Sydney time, at single time during their
rostered hours of work pursuant to Clause 8, and at overtime rates otherwise;
and
12a.4.2 for
each day between the day of departure to and the day of return from the
deployment, all time at single time, provided that:
12a.4.2.1 employees
shall receive a minimum payment for each day equal to 16 hours per day,
regardless of the hours actually worked; and
12a.4.2.2 any time
actually worked at the direction of an employee's authorised supervisor in
excess of 16 hours shall be paid at double time; and
12a.4.2.3 employees
on double time pursuant to subclause 12a.4.3.2 who resume or continue work
without having had 8 consecutive hours off duty shall continue to be paid at
the rate of double time until released from duty for such period, and such
employees shall be entitled to remain off duty for eight consecutive hours
without loss of pay at subclause 12a.4.3.1; and
12a.4.3 from
midnight Sydney time on the day of return, at single time during their rostered
hours of work pursuant to Clause 8, and at overtime rates otherwise.
12a.5 Accommodation for
Interstate Deployments
12a.5.1 Employees
on interstate deployment who are not provided with accommodation of a standard
comparable to that required in NSW shall be paid the relevant accommodation allowance
set at Item 7 of Table 4 of Part C or, if the deployment location is not listed
in Table 4, the reasonable accommodation allowance for that location as
published by Australian Taxation Office (ATO).
12a.5.2 Employees
who are provided with accommodation shall be paid the Incidental Expenses
Allowance set at Item 8 of Table 4 of Part C, for each day of attendance.
12a.6 Meals for
Interstate Deployments
12a.6.1 Employees
on interstate deployment shall be provided with substantial meals for
breakfast, lunch and dinner throughout the period of deployment.
12a.6.2 For each meal not provided in accordance with subclause
12a.6.1, the Meal Allowance set at Item 14 of Table 3 of Part C shall be paid.
12a.6.3 Where employees are required to work between the meals
provided for in subclause 12a.6.1, such employees shall be entitled to the
refreshments and meals prescribed by subclause 10.1.
12a.7 Deployment Allowance for
International Deployments
Employees on international deployment shall be paid the
Deployment Allowance set at Item 17 of Table 3 of Part C for each calendar day,
or part thereof, from the day of departure until the day of return, inclusive.
12a.8 Additional
Provisions
12a.8.1 While interstate or international deployment does not in
itself attract the relieving allowance, a Relieving Employee shall continue to
be paid the relieving allowance for those days on which the Relieving Employee
would normally have been rostered for duty.
12a.8.2 An employee in receipt of any of the allowances set at
subclauses 6.6.3 to 6.6.13 (inclusive) immediately prior to their deployment
shall continue to be paid those allowances.
12a.8.3 An employee who was performing higher duties immediately
prior to their deployment shall continue to be paid at that rate of pay of the
rank or classification in which the higher duties were being performed.
12a.8.4 Any time worked pursuant to subclause 12a.4.2 shall only be
compensated for by subclause 12a.4.2, provided that an employee shall continue
to accrue leave as if they had worked their rostered hours of work pursuant to
Clause 8.
12a.8.5 The provisions of subclause 6.8 notwithstanding, the
Commissioner may approve an additional payment for an Executive Officer who,
while on interstate or international deployment, worked
additional hours to those contemplated by subclause by 6.8.2.
12a.8.6 Any stand off period shall be determined by the Commissioner
having regard to each employee's actual hours of work prior to and during their
deployment, and to their rostered hours of work following their deployment.
Employees who are granted stand off time shall do so
without loss of pay for ordinary working time during such absence.
13. Progression and
Promotion Provisions
13.1 This clause prescribes:
13.1.1 progression and promotion provisions, and;
13.1.2 the constitution and operation of the Training Review
Committee.
Progression and
Promotion Provisions
13.2 All employees shall commence and remain on
probation until the expiration of six weeks following their progression to Firefighter and shall thereafter be required to satisfy and
maintain the competencies specified, by the Commissioner on the advice of the
Training Review Committee, for the classification to which they are appointed.
Recruit Firefighter
to Firefighter
13.3 Progression
from Recruit Firefighter to Firefighter
shall be subject to the satisfactory completion of the training and/or training
competencies undertaken at the Fire and Rescue NSW Training College and
specified, by the Commissioner on the advice of the Training Review Committee,
for progression to Firefighter.
Firefighter to Qualified Firefighter
13.4 Progression from Firefighter to Qualified Firefighter shall
be subject to twenty four (24) months service from the date of commencement as
a Recruit Firefighter and the satisfactory completion
of the training and/or training competencies specified, by the Commissioner on
the advice of the Training Review Committee, for progression to Qualified
Firefighter.
13.5 Progression to Qualified Firefighter
is a mandatory achievement required for all Firefighters. Failure to achieve progression to this
classification within a reasonable time will result in the employee being
considered unsuitable for continued employment, and the employment of such an employee
will be terminated accordingly. In such circumstances, the Department will
advise the Union that the services of the employee are to be terminated.
Qualified Firefighter to Senior Firefighter
13.6 Progression from
Qualified Firefighter to Senior Firefighter
shall be subject to at least seventy two (72) months service from the date of
commencement as a Recruit Firefighter and the
satisfactory completion of the training and/or training competencies specified,
by the Commissioner on the advice of the Training Review Committee, for
progression to Senior Firefighter.
Senior Firefighter
to Leading Firefighter
13.7 Progression from
Senior Firefighter to Leading Firefighter
shall be subject to the satisfactory completion of the Leading Firefighter Program specified by the Commissioner on the
advice of the Training Review Committee.
13.7.1 Applications
for Leading Firefighter Program positions shall be
called for from eligible applicants in Commissioner’s Orders, with the closing
date for applications to follow four weeks thereafter. The number and location
of Leading Firefighter Program positions available
shall be specified in the same Commissioner’s Orders, and shall be solely
dependent on the staffing needs of the Department.
13.7.2 An
eligible applicant for the purposes of subclauses 13.7.1 and 13.7.3 shall be a
Senior Firefighter who: firstly, has completed at
least twenty four (24) months service with Fire and Rescue NSW at Senior Firefighter rank as of the closing date for applications;
secondly, has already taken the tests referred in subclause 13.7.3; and
thirdly, is permanently attached to a station within the Transfer Register area
in which the Leading Firefighter Program position is
available. For the purposes of subclause 13.7 only, the GSA shall be considered
a Transfer Register area and a permanent occupant of an Operational Support
position (an Operational Support applicant) shall be considered to be
permanently attached to a station within the GSA regardless of their actual
work location.
13.7.3 The
successful applicants for Leading Firefighter Program
positions shall be determined by order of the results achieved by eligible
applicants in tests specified by the Commissioner following consultation
between the Department and the Union. The Department shall accept the same number of
eligible applicants as there were positions advertised for that location in
accordance with subclause 13.7.1, provided that for each Operational Support
applicant who is initially accepted the Department shall also accept one
further non-Operational Support applicant, so that the final number of
non-Operational Support applicants accepted within the GSA shall be equal to
the number of positions advertised.
13.7.4 Senior
Firefighters accepted onto the Leading Firefighter Program who subsequently fail to satisfactorily
complete the Program within a reasonable time shall be removed from the Program
and shall not be readmitted to the Program unless and until such time as they
successfully re-apply pursuant to subclauses 13.7.1, 13.7.2 and 13.7.3.
Leading Firefighter
to Station Officer
13.8 Promotion from Leading Firefighter
to Station Officer shall be determined by the merit selection process
specified by the Commissioner following consultation between the Department and
the Union and shall be subject to successful
application for an advertised Station Officer vacancy and the subsequent
satisfactory completion of the Station Officer Program specified by the
Commissioner on the advice of the Training Review Committee.
13.8.1 Subject
to subclause 28.7, applications for promotion to Station Officer shall be
called for from Leading Firefighters with at least
twelve (12) months service with Fire and Rescue NSW at that rank as of the
closing date for applications, in Commissioner’s Orders, with the closing date
for applications to follow four weeks thereafter. The number (and, if located
outside of the GSA and Regional Transfer Register areas listed at subclause
28.2.2, both the number and the location) of Station Officer positions
available shall be specified in the same Commissioner’s Orders, and shall be
solely dependent on the staffing needs of the Department.
13.8.2 Leading
Firefighters who successfully apply pursuant to
subclause 13.8.1 (or Senior Firefighters who successfully
apply pursuant to subclause 28.7.2) and who subsequently fail to satisfactorily
complete the Station Officer Program within a reasonable time shall be removed
from the Program and shall cease to be eligible for such promotion. Nothing
shall prevent such employees from re-applying pursuant to subclause 13.8.1.
Station Officer to
Leading Station Officer
13.9 Progression from Station Officer to Leading
Station Officer shall be subject to the
satisfactory completion of the Leading Station Officer Program specified by the
Commissioner on the advice of the Training Review Committee and, in the case of
a Station Officer who is a permanent occupant of an Operational Support Level 1
or Level 2 position or who applies pursuant to subclause 13.9.2.1.2, transfer
to a station within the GSA.
13.9.1 Applications
for Leading Station Officer Program positions shall be called for from eligible
applicants in Commissioner’s Orders, with the closing date for applications to
follow four weeks thereafter. The number and location of Leading Station
Officer Program positions available shall be specified in the same
Commissioner’s Orders, and shall be solely dependent on the staffing needs of
the Department.
13.9.2 An
eligible applicant for the purposes of subclauses 13.9.1 and 13.9.3 shall be a
Station Officer who has completed at least twelve (12) months service with Fire
and Rescue NSW at Station Officer rank as of the closing date for applications,
provided that:
13.9.2.1 if the Leading Station Officer Program position available is
located within the GSA, the applicant must also be either:
13.9.2.1.1 permanently attached to a station within the GSA; or
13.9.2.1.2 permanently attached to a station located both outside of
the GSA and outside of a Regional Transfer Register Area; or
13.9.2.1.3 the permanent occupant of an Operational Support position;
or
13.9.2.2 if the
Leading Station Officer Program position available is located outside of the
GSA but within a Regional Transfer Register Area, the applicant must also be
permanently attached to a station within that Regional Transfer Register area;
or
13.9.2.3 if the Leading
Station Officer Program position available is at a Country Officer station (as
defined by subclause 28.7.2.1) and there is no Station Officer vacancy at that
station, the applicant must also be permanently attached to that station.
13.9.3 The
successful applicants for a Leading Station Officer Program position shall be
selected from the eligible applicants using the selection process specified by
the Commissioner following consultation between the Department and the Union.
The Department shall accept the same number of suitable eligible applicants as
there were positions advertised for that location in accordance with subclause
13.9.1.
13.9.4 Station
Officers accepted onto the Leading Station Officer Program who subsequently
fail to satisfactorily complete the Program within a reasonable time shall be
removed from the Program and shall not be readmitted to the Program unless and
until such time as they successfully re-apply pursuant to subclauses 13.9.1,
13.9.2 and 13.9.3.
Leading Station
Officer to Inspector
13.10 Promotion from Leading Station Officer to
Inspector shall be determined by the merit selection process specified by the
Commissioner following consultation between the Department and the Union and
shall be subject to successful application for an advertised Inspector vacancy
and the subsequent satisfactory completion of the Inspector Program specified,
by the Commissioner on the advice of the Training Review Committee.
13.10.1 Subject
to subclause 28.7, applications for promotion to Inspector shall be called for
from Leading Station Officers with at least twelve (12) months service with
Fire and Rescue NSW at that rank as of the closing date of applications, in
Commissioner’s Orders, with the closing dates of applications to follow four
weeks thereafter. The number (and, if located in areas outside of the GSA and
the Newcastle, Central Coast and Illawarra Transfer Register areas, both the
number and the location) of Inspector and/or Operational Support Inspector
positions available shall be specified in the same Commissioner’s Orders, and
shall be solely dependent on the forward planning needs of the Department.
13.10.2 Leading
Station Officers who successfully apply pursuant to subclause 13.10.1 (or
Station Officers who successfully apply pursuant to subclause 28.7.3 or 28.7.4)
and who subsequently fail to satisfactorily complete the Inspector Program
within a reasonable time shall be removed from the Program and shall cease to
be eligible for such promotion. Nothing shall prevent such employees from
re-applying pursuant to subclause 13.10.1.
Inspector to
Superintendent
13.11 Promotion from
Inspector to Superintendent shall be determined by the merit selection process
specified by the Commissioner following consultation between the Department and
the Union.
Chief Superintendent
13.12 Promotion from Inspector or
Superintendent to Chief Superintendent shall be determined by the merit
selection process specified by the Commissioner following consultation between
the Department and
the Union.
General Provisions
13.13 While the progression/promotion provisions
specified in this clause refer to minimum periods of service as one of the
requirements for such progression/promotion, the Department and the Union
acknowledge and accept that:
13.13.1 as the competency standards/levels required by Fire and
Rescue NSW are determined and established for each classification, the
requirement for minimum periods of service may, on specification by the
Commissioner following consultation between the Department and the Union in
each case, no longer apply.
13.13.2 the
competency standards/levels required by Fire and Rescue NSW for each classification
shall be those as determined from time to time by the Commissioner on the
advice of the Training Review Committee.
13.13.3 an employee with prior employment in the firefighting
industry may apply to have the minimum periods of service required for their
progression to Qualified Firefighter and/or to Senior
Firefighter reduced. The extent of any reduction,
which shall not be retrospective, shall be determined by the Commissioner after
taking into account all of the circumstances of the employee's prior
employment.
13.14 In all cases,
progression/promotion shall, in addition to the provisions specified for such
progression/promotion, also be subject to satisfactory service.
13.15 The date that an
employee satisfactorily completes the required training and/or training
competencies shall be the date that the employee applied to be assessed and not
the actual date of their assessment. Where an employee is assessed as not yet
competent in any of the required training and/or training competencies then, provided
the firefighter requests re-assessment within one
month of the ‘not yet competent’ assessment, the date of satisfactory
completion will be set back by one month after the date the firefighter
first applied to be assessed.
13.16 The reference to
“reasonable time” in subclauses 13.5, 13.7.4, 13.8.2, 13.9.4 and 13.10.2 means,
in each instance, a period in excess of twelve (12) months. The excess time to
be allowed shall be determined by the Commissioner after taking into account
all of the circumstances of the case of the employee concerned.
Training Review Committee (TRC)
13.17 The TRC shall
provide advice to the Commissioner on an effective and equitable system of
training in Fire and Rescue NSW using the principles of Competency Based
Training.
13.18 The structure of
the TRC will consist of 3 representatives of the Department and 3
representatives of the Union.
13.19 The Chairperson of
the Committee will alternate every 12 months between a nominee of the
Department and the Union.
13.20 The role of the
TRC will include (but not be limited to):
13.20.1 advising on the further development of training throughout
Fire and Rescue NSW;
13.20.2 advising on the implementation of a Competency Based
Training regime throughout Fire and Rescue NSW;
13.20.3 considering
Recognised Prior Learning (RPL) policy generally and in particular, the
consideration of individual applications for RPL.
13.21 Procedure
13.21.1 The TRC
will meet at least once every four weeks, or as otherwise agreed between the
parties;
13.21.2 Members
who are on shift on the day of the meeting will be released from day to day
operations, except in the event of an incident or other emergency
circumstances, for the purposes of fulfilling the above roles;
13.21.3 The TRC
will be adequately resourced by the Department so that it can effectively
fulfil the above roles.
13.22 The Commissioner
is not bound to accept the advice of the TRC and may act independently of the
TRC to implement changes to training, competencies and other matters covered by
Clause 13 within Fire and Rescue NSW provided that notice of any such decision
to implement change is notified in accordance with clause 36.6 in which case
clauses 36.7 to 36.9 inclusive shall apply.
14. Operational
Support Positions
Establishment of
Operational Support Positions
14.1 Operational Support positions shall be
identified and established as such by the Commissioner.
14.2 The format and content of each Position
Description referred to in subclause 14.4 shall be determined by the Commissioner,
but shall include, for each position:
14.2.1 Title;
14.2.2 Statement
of duties;
14.2.3 Essential
qualifications, which shall for all Operational Support Level 1 and Level 2
positions include at least forty eight (48) months service from the date of
commencement as a Recruit Firefighter;
14.2.4 Hours
of work, specifying which roster is to be worked pursuant to Clause 8 of this
Award; and
14.2.5 Operational
Support classification, either Level 1, Level 2, Inspector or Inspector and
Level 3, which shall be determined by the Commissioner following consultation
with the Union.
14.3 A copy of each
proposed new or varied Position Description will be forwarded to the Union
which may elect to provide a response within 14 days, and the Commissioner
shall take any response into account before making a determination. Subject to any orders of the
Industrial Relations Commission, a new or varied Position Description
will take effect 7 days following written notification to the Union of the
Commissioner’s determination.
14.4 A register of
established Operational Support Position Descriptions shall be maintained by
both parties. Once established, Position Descriptions may only be varied by the
Commissioner, subject to 14.2 and 14.3.
General Conditions
for Operational Support Positions
14.5 Appointment to Operational Support positions
will be determined by merit selection and will be subject to the occurrence of
a vacancy.
14.5.1 Applications
for Operational Support positions shall be called for from eligible employees
in Commissioner’s Orders, with the closing date of applications to follow four
weeks thereafter.
14.5.2 In the event that no eligible employees apply for a ComSafe (only) Operational Support Level 1 or Level 2
position at subclause 14.5.1 or that the merit selection process finds those
who did apply unsuitable for the ComSafe position in
question, applications shall again be called for from eligible employees and,
if the Commissioner elects, from all Retained Firefighters
with at least 48 months service with the Department as a Retained Firefighter as of the closing date for applications in
Commissioner’s Orders, with the closing date of applications to follow four
weeks thereafter.
14.6 Subject to
subclause 14.12, the rates of pay for employees occupying Operational Support
positions are as specified in Table 2 of Part C, Monetary Rates.
14.7 Unless expressly
provided elsewhere within this Award, the general conditions of employment for
occupants of Operational Support positions shall be the same as those applying
to Operational Firefighters generally pursuant to
subclauses 1.4 and 1.5 of this Award.
14.8 Time spent in an
Operational Support position shall count for the minimum periods of service
required by Clause 13 Progression and Promotion.
14.9 Occupants of
Operational Support positions who are temporarily directed to undertake
operational firefighting duties and/or attend an
incident in the capacity of their substantive operational rank, not their
Operational Support position, shall continue to be paid at their Operational
Support position's rate of pay.
14.9
a Occupants
of Operational Support positions who request and who are permitted to
temporarily resume operational firefighting duties
shall revert to, and be paid at the rate of, their substantive operational rank
for the duration of such resumption. Provided that this
subclause shall not apply in the case of interstate and international
deployments pursuant to Clause 12a.
14.10 The
Commissioner, in accordance with subclause 14.3, may decide to advertise a
particular position as both an Operational Support Station Officer and
Operational Support Level 2, in which case, the Operational Support Level 2
position will be advertised in Commissioner’s Orders first. Should no
application be received or no candidate found meritorious, then the position
will be readvertised in Commissioner’s Orders as an Operational Support Station
Officer and Operational Support Level 2, in which case, all employees with at
least 48 months service may apply, and if successful, be appointed to the
classification of Operational Support Level 2 and paid at the Operational
Support Station Officer rate of pay as expressed in
Table 2 of the Award. Applicants holding the rank of Station Officer may be
appointed as either an Operational Support Station Officer or Operational
Support Level 2. Applicants holding the rank of Leading Firefighter
shall be appointed as an Operational Support Station Officer.
14.10.1 In the
event that no Station Officer or Leading Firefighter
apply for an Operation Support Station Officer position or that the merit
selection process finds those who did apply unsuitable for the Operational
Support Station Officer position in question, the vacancy shall be readvertised
through Commissioner's Orders and filled by merit selection from all Senior Firefighters with at least 36 months service with Fire and
Rescue NSW as a Senior Firefighter as of the closing
date for applications.
14.10.2 A
Senior Firefighter who successfully applies for an
Operational Support Station Officer vacancy pursuant to subclause 14.10.1 shall
be required to satisfactorily complete the Leading Firefighter
Program (pursuant to subclause 13.7.4) prior to their transfer to the
station/location and performance of the duties of the vacant Operational
Support Station Officer position subject to subclause 7.5.5, provided that a
Senior Firefighter who successfully applies for an
Operational Support Station Officer position and who then satisfactorily
completes the Leading Firefighter Program shall not
be progressed to Leading Firefighter and/or promoted
to Station Officer until they also satisfactorily complete the Station Officer
Program and then subclause 13.15 shall then apply.
14.10.3 Senior
Firefighters who successfully apply pursuant to
subclause 14.10.1 and who subsequently fail to satisfactorily complete the
Station Officer Program (pursuant to subclause
13.8.2) within a reasonable time (as stipulated in subclause 13.16) shall be
removed from the Program and shall cease to be eligible for such promotion.
Nothing shall prevent such employees from re-applying pursuant to subclause
14.10.1.
14.10.4 A Senior Firefighter
selected pursuant to subclause 14.10.1 will be required to serve a period of 3
years in the position of Operational Support Station Officer, from the date of
their transfer pursuant to subclause 7.5.5.
14.10.5 A Station Officer or Leading Firefighter selected pursuant to subclause 14.10 will be
required to serve a period of 2 years in the position of Operational Support
Station Officer, from the date of their transfer.
14.10.6 Any occupant chosen for the position
of Operational Support Level 2 pursuant to subclause 14.10,
shall be released and transferred at rank with 28 days’ notice.
14.10.7 A Station Officer or Leading Firefighter selected pursuant to subclause 14.10 as an Operational Support Station Officer or a Senior Firefighter selected pursuant to subclause 14.10.1 who
applies to transfer during the mandatory serving periods expressed in
subclauses 14.10.4.and 14.10.5, shall be transferred at the rank held on
transfer to the Operational Support Station Officer position.
14.11
14.11.1. Subject
to 14.11.2, occupants of Operational Support Level 1, Level 2, Level 2a Level 3
and Level 3a positions may with twenty eight days notice
elect to relinquish their Operational Support position and resume operational firefighting duties at their substantive rank.
14.11.2 An
employee who successfully applied for an Operational Support Level 1 or Level 2
position whilst employed as a Retained Firefighter
pursuant to subclause 14.5.2 will be required to serve in that Operational
Support position for a minimum period of three years during which the
provisions of subclause 28.3.5 shall not apply, provided further that transfer
to operational firefighting duties shall be subject
to the satisfactory completion of the training and/or training competencies
specified for progression to Qualified Firefighter.
14.12 Urban Search and
Rescue Training (only) may be delivered by “casual” instructors, who will be
paid at the Operational Support Level 2 rate of pay (plus applicable
allowances) while performing USAR instructor duties and at their substantive
rank’s rate of pay (plus applicable allowances) at all other times.
14.13 The classification
of Operational Support Inspector shall be restricted to applications from
employees holding the rank of Leading Station Officer or Inspector, or
otherwise in accordance with subclause 28.7.4 unless the Commissioner decides
to advertise a particular position as both an Operational Support Inspector and
Operational Support Level 3 position, in which case employees with at least 48
months service and holding the rank of Qualified Firefighter,
Senior Firefighter, Leading Firefighter
or Station Officer shall also be eligible to apply and shall, if successful, be
appointed to the classification of Operational
Support Level 3 and paid at the Operational Support Inspector rate of pay.
14.14 The classifications of Operational Support Levels 2 and 3 were
reclassified for occupants of these positions on 14 November 2014 (only) as
Operational Support Levels 2a and 3a.
14.15 The occupants of Operational Support Level 2a positions shall
remain in place and continue to receive the Operational Support Level 2a
rate of pay specified at Table 2 of Part C unless and until:
14.15.1 they voluntarily cease to occupy that position; or
14.15.2 they
are promoted to either Station Officer or Inspector and elect to remain in
place, in which case they shall be reclassified as, and paid at the rate of,
Operational Support Level 2; or
14.15.3 they are demoted or cease employment.
14.16 The occupants of
Operational Support Level 3a positions shall remain in place and continue to
receive the Operational Support Level 3a rates of pay specified at Table 2 of
Part C unless and until:
14.16.1 they voluntarily cease to occupy that position; or
14.16.2 they
are promoted to Inspector and elect to remain in place, in which case they
shall be reclassified as, and paid at the rate of, Operational Support
Inspector; or
14.16.3 they are demoted or cease employment.
14.17 The occupant of an
Operational Support Level 2a or Level 3a position who involuntarily ceases to
hold that position because the position is deleted or because its Position
Description is varied to the extent that the position is effectively deleted,
shall continue to receive the Operational Support Level 2a or Level 3a rate of
pay specified at Table 2 of Part C until the expiration of 12 months, or until
they otherwise become entitled to a higher rate of pay, or until they cease
employment, whichever occurs first.
14.18 Employees with at least 48 months service who otherwise
satisfy the requirements of Clause 7 may perform higher duties in any
Operational Support Level 1 or Level 2 position, and in any Operational Support
position the Commissioner decides is both an Operational Support Inspector and
Operational Support Level 3 position.
Ad Hoc ComSafe duties
14.19 Off duty employees
who are not occupying an Operational Support position in ComSafe
and who elect to perform ComSafe duties shall be paid
the hourly rate set at Item 20 of Table 3 of Part C of this Award. It is
expressly provided that an off duty employee who is not occupying an
Operational Support position in ComSafe cannot be
directed to perform ComSafe duties.
14.20 The hourly rate
prescribed at subclause 14.18 is an all-inclusive rate and, notwithstanding
anything else prescribed in this Award, employees receiving such rate shall:
14.20.1 only be
paid for the time actually worked, subject to a minimum payment equivalent to
three hours pay on each occasion and to continuous payment for work performed
on any calendar day;
14.20.2 be paid
the accommodation allowances set at Item 7 of Table 4 of Part C for each day
that the distance travelled between the employee’s residence and the furthest
location where the work is performed exceeds 100 kms
and the employee resides away from home (evidence of which may be required
prior to payment), and shall not otherwise be entitled to payment or
compensation for travelling time or travelling costs or meals and/or
accommodation in connection with the work performed;
14.20.3 not be entitled to the payment of overtime in connection
with the work performed
15. Training and Staff
Development
15.1 Employees covered
by this Award will complete appropriate training, as specified by the
Commissioner from time to time, to improve the productivity and efficiency of
the Department's operations.
15.2 The appropriate competencies
based on relevant skills and qualifications requirements as specified by the
Commissioner for each classification level, shall be progressively implemented
and shall be subject to an ongoing process of review and evaluation.
15.3 Upon request, the Department will consider
an application by an employee to attend a course which is appropriate, relevant
and recognised by the Department but is not essential for promotion. If
approval is granted by the Department for the employee to attend such a course,
the employee shall be entitled to the provisions of Clause 16 of this Award.
16. Training
Course Attendance Entitlements
16.1 The provisions of
this Clause shall apply to employees who participate, with Departmental
approval, in training programs, examinations or assessments conducted by, on
behalf of, or approved by the Department. For the purposes of this Clause,
references to "training" or "course" shall be taken to
include such examinations or assessments.
16.2 Accommodation
16.2.1 The Commissioner (or delegate) shall
approve appropriate accommodation for an employee, if it can be demonstrated
that an unreasonable amount of travelling time and/or distance is involved when
travelling to and from the employee's residence to the training venue.
16.2.2 Where an employee attends a course within
the Greater Sydney Area (GSA), and if the travelling time to and from the
training venue exceeds two (2) hours each way (by the approved mode of
transport) or if the return distance from the employee's residence to the
training venue exceeds 175 kilometres, the employee shall be entitled to
appropriate accommodation.
16.2.3 Where Departmental accommodation is not
provided to an employee with an entitlement to accommodation, the relevant
accommodation allowance prescribed by Clause 26, Travelling Compensation shall
be paid.
16.2.4 Where it is not possible for an employee
to travel to the training venue on the first day of the course or where the
travelling time would be unreasonable to travel on the first day of the course,
the employee shall be entitled to appropriate accommodation on the evening
prior to the start of the course. If it is not possible for an employee to
travel from the training venue to his or her residence at the conclusion of the
course or if the travelling time would be unreasonable, the employee shall be
entitled to appropriate accommodation on the evening of the last day of the
course. Approval must be obtained from the Commissioner (or delegate) prior to
bookings being made.
16.2.5 Appropriate accommodation for employees
who attend courses outside the GSA shall be determined by the Commissioner (or
delegate) having regard to the above criteria.
16.2.6 Where the training program requires
evening attendance the employee shall be granted appropriate accommodation
irrespective of the employee's work location or residential address.
16.2.7 Notwithstanding the above, any employee
who considers that these criteria would cause undue hardship etc. may make
application for special consideration. All such applications will be considered
on their individual merits according to the program content and the starting
and completion times, on a daily basis.
16.3 Meals
16.3.1 Excluding the
Recruit Firefighters Program and Departmental
training programs/courses which are conducted at Departmental premises which
have meal room facilities comparable to those provided at fire stations, all
employees attending training programs which extend for a whole day shall be
provided with morning/afternoon tea and lunch.
16.3.2 Where employees
have been granted approval for overnight accommodation and when such
accommodation is provided by the Department, expenses reasonably and properly
incurred shall be reimbursed in accordance with Clause 26, Travelling
Compensation.
16.3.3 Employees who are
not required to accommodate themselves overnight shall, where appropriate, be
paid the relevant meal allowances prescribed by Clause 26, Travelling
Compensation.
16.3.4 Meal allowances
are not payable during times at which an accommodation allowance (as prescribed
in subclause 16.2.3 above) has been claimed. A component of the accommodation
allowance compensates for the costs associated with breakfast, lunch and
evening meals.
16.4 Incidentals
16.4.1 Employees who are provided with
Departmental accommodation shall be entitled to claim the appropriate
incidentals allowance as prescribed by Clause 26, Travelling Compensation.
16.4.2 The incidental allowance cannot be
claimed for any day during which an accommodation allowance referred to in
subclause 16.2.3 above is paid. The incidental allowance forms a component of
the accommodation allowance and, amongst other things, recognises the cost
associated with personal telephone calls, etc.
16.5 Excess Fares
16.5.1 Any employee who incurs additional
transport costs while travelling to and from the training venue shall be
entitled to have the additional expenses reimbursed. The additional expenses will be calculated on
the basis of public transport costs.
16.5.2 Where an employee is granted approval to
utilise the employee's private vehicle in lieu of public transport, the
appropriate specified journey rate, set at Item 1 of Table 4 of Part C, shall
be paid in respect of the kilometres travelled in excess of the employee's
normal journey to and from work.
16.5.3 Where a first class rail service (or its
equivalent) is reasonably available, an employee may utilise this service and
be reimbursed for the cost of the fare.
16.6 Excess Travelling
Time
16.6.1 Employees without an accommodation
entitlement shall be entitled to compensation for excess travelling time for
each day of the course.
16.6.2 Employees who accept accommodation shall
be entitled to compensation for excess travelling time in respect of the first
forward journey to and the last journey from the course venue. Where the course extends beyond one (1) week,
employees who return to their residences on weekends shall be entitled to
excess travelling time and excess fares for the additional forward and return
journeys.
16.6.3 Unless special circumstances exist,
employees who have an accommodation entitlement, but who decline accommodation,
shall only be entitled to compensation for excess travelling time in respect of
the first forward journey to and the last journey from the training venue.
16.6.4 Compensation shall be in accordance with
Clause 26, Travelling Compensation.
16.7 Mode of Transport
16.7.1 Employees shall be advised of the
approved transport arrangements prior to the commencement of the training
program. Such approval shall be based on the most practical and economic means
of transport having regard to the entitlements contained in this clause,
provided that an employee cannot be directed by the Department to use the
employee's private vehicle.
16.7.2 Any employee who wishes to use
alternative means of transport may only do so with the approval of the
Commissioner (or delegate). Such approval must be obtained before travel
commences.
16.7.3 If approval is granted to travel by an
alternative means of transport any entitlements shall be based on the
arrangements approved under subclause 16.7.1.
16.8 Relieving
Allowances and Other Allowances
16.8.1 Attendance at a training program does not
in itself attract the payment of relieving allowances. However, any employee in
receipt of relieving allowances or other allowances relating to qualifications
or work performed at the time the program commences,
shall continue to be paid the allowances which would normally be paid. Provided
that such allowances shall only be paid for those days on which the employee
would normally have been rostered for duty.
16.8.2 Relieving employees shall not be paid any
additional relieving allowances as a consequence of undertaking a training
program.
16.9 Kilometre
Allowance
16.9.1 The kilometre allowance prescribed by
Clause 12, Relieving Provisions, is not payable to employees when they attend a
training program.
16.9.2 The provisions of subclause 16.5.2 above
shall apply to any employee who is granted approval to utilise his or her
private vehicle for transport to and from the training venue.
16.10 Attendance at
Courses Whilst on Annual or Long Service Leave or Rostered Off Duty
16.10.1 Subject to approval by the Department:
16.10.1.1 Where an
employee elects to attend a course whilst on annual leave or long service
leave, he or she will be re-credited with the appropriate leave for the hours
spent attending the training course.
16.10.1.2 Where an
employee elects to attend a course whilst rostered off duty, he or she shall be
paid at overtime rates for the hours spent attending the course.
16.10.2 Where
an employee is directed to attend a course while rostered off duty, he or she
may choose to either be paid at overtime rates or be credited with consolidated
leave for the
hours spent attending the course.
16.10.3 All
travelling time shall be compensated in accordance with Clause 26, Travelling
Compensation.
16.11 Stand Off
16.11.1 Where an employee is required by the
Department to attend a course, any necessary stand off period shall be granted.
16.12 Payments in
Advance
16.12.1 Employees attending a training course may,
where reasonable and appropriate, elect to be advanced the following payments:
accommodation
allowance (subclause 16.2.3)
meal
allowances (subclause 16.3.3)
incidental
allowances (subclause 16.4.1)
16.12.2 The advice to employees of course
arrangements shall be conveyed in writing and include details of the Centre at
which claims for advance payments should be submitted. Submitted claims must include a copy of the
relevant approval.
16.12.3 Accommodation allowances are only payable
when approval is given for an employee to make his or her own accommodation
arrangements.
17. Annual Leave
17.1 The provisions of subclauses 17.2 to 17.11
inclusive shall not apply to Executive Officers. The provisions of subclauses
17.12 to 17.17 inclusive shall not apply to Operational Firefighters.
The provisions of subclause 17.18 shall apply to all employees.
Operational Firefighters
17.2 Annual leave to the extent
of 190 hours full pay shall accrue to each employee in respect of each
completed year of service. This annual leave shall be added to the 91.2 hours
on full pay of thirty-eight hour week leave referred to at subclause
8.1, resulting in a combined entitlement of 281.2 hours leave which shall be
known as “Annual Leave.” Employees shall over a 64 week cycle accrue 344.91
hours of this combined “Annual Leave”, 336 hours of which shall be taken in
accordance with the leave roster at subclause 17.3,
and the residual 8.91 hours of which shall be converted to an annual amount of
7.25 hours per annum which shall be credited to each employee as consolidated
leave on the anniversary of the employee’s date of commencement of employment
as an Operational Firefighter.
17.3 The leave roster shall require each employee to be allocated a
leave group which shall operate over a 64 week cycle, during which time each
employee shall, depending on their particular leave group, either:
17.3.1 work
1344 hours over a 32 week period, then take 192 hours of combined annual leave
and 38 hour leave over a four week period, then work 1008 hours over a 24 week
period, followed by 144 hours of combined annual leave and 38 hours leave over
a four week period; or
17.3.2 work 1008 hours over a 24 week period, then take 192 hours
of combined annual leave and 38 hour leave over a four week period, then work
1344 hours over a 32 week period, followed by 144 hours of combined annual
leave and 38 hours leave over a four week period.
17.4 The Department may change an employee’s
leave group with reasonable notice provided that the following leave
adjustments are made in order to ensure that employees conclude each period of
"Annual Leave" neither in deficit nor credit for the thirty-eight
hour week leave component (only) of their "Annual Leave" balance:
17.4.1 If the
change of leave group delays the taking of annual leave and would therefore
result in the accrual of additional thirty-eight hour week leave then the
employee will not accrue that additional leave and will instead be credited
with an equal number of hours of consolidated leave; and
17.4.2 If the
change of leave group causes annual leave to be taken earlier, and before the
employee would have accrued sufficient "Annual Leave", then the thirty-eight
hour week leave component (only) of the employee's "Annual Leave"
balance shall be zeroed at the conclusion of that annual leave period.
17.5 Where the
commencing date of the rostered period of annual leave occurs whilst an
employee is on sick leave and does not return to duty within seven days of such
date, the employee concerned shall be entitled to elect whether to proceed
immediately on annual leave or to commence annual leave on one of the next six
succeeding Fridays.
17.6 Employees other
than those stationed at Broken Hill or Moree shall on each anniversary of their
appointment to the service be credited with 16 hours consolidated leave in
addition to the period of annual leave prescribed by subclause 17.2.
17.7 Employees
stationed at Broken Hill or Moree shall on each anniversary of their
appointment to the service be credited with 38.75 hours consolidated leave in
addition to the period of annual leave prescribed by subclause 17.2.
17.8 The taking of annual leave is subject to
Departmental requirements and, when unforeseen circumstances arise, may be
rescheduled by authority of the Commissioner, provided that the adjustment
mechanism set out at subclause 17.4 shall then apply.
17.9 In the event of the termination of the
employment of any employee for any cause with less than twelve months' service
from the date of the last leave accrued, the employee shall be paid pro rata
for leave for each month of service.
17.10 Occupants of Operational Support positions may
apply in writing to take their annual leave at some other time and, if
approved, such leave shall be deemed to have been taken in accordance with the
leave roster, provided that:
17.10.1 employees' leave balances shall always be adjusted in
accordance with the actual hours taken; and
17.10.2 employees
must take at least four weeks annual leave in each twelve month period; and
17.10.3 annual leave taken under this subclause shall be taken either in one consecutive period
or two periods which shall be of three weeks and one week respectively, or if
the employee and the Department so
agree, in either two, three or four separate periods and not otherwise; and
17.10.4 up to 410
hours of annual leave may be accrued before the Commissioner may direct an
employee to take annual leave at a time convenient to the Department, in which
case the Commissioner shall provide the employee at least 28 days notice.
17.11 Employees may
apply in writing to swap one or more sets of shifts within their next three
leave periods, and, if approved, the swapped leave shall be deemed to have been
taken in accordance with the employee’s own leave group.
Executive Officers
17.12 Executive Officers
shall accrue annual leave on full pay at the rate of twenty five (25) working
days per year.
17.13 Executive
Officers shall accrue annual leave from month to month only, but for the
purpose of calculating annual leave which may be due on the cessation of
employment, credit shall be given for periods of service of less than one (1)
month.
17.14 Executive Officers
may accrue annual leave up to a maximum of forty (40) working days. Unless
approved otherwise by the Commissioner, the right to take any accrued annual
leave in excess of forty (40) working days shall be forfeited.
17.15 The Commissioner
may direct an Executive Officer to take such leave as is convenient to the
workings of the Department.
17.16 Executive Officers
shall not be granted annual leave for any period of less than a quarter day or
in other than multiples of a quarter day.
17.17 Where application
is made by an employee in writing to the Commissioner that, by reasons of
special circumstances, which shall be specified, the Commissioner may
authorise, in writing, the taking of annual leave at some other time to be
determined by the Commissioner for the purpose of this Award, such leave shall
be deemed to have been taken in accordance with the leave roster.
All Employees
17.18 Prior to an
employee entering upon a period of annual leave, the employee may elect to be
paid with respect of the period of leave in one of the following ways:
17.18.1 in full when the
employee commences the period of leave; or
17.18.2 at the same time
as the employee’s normal pay would have been paid if the worker had remained on
duty.
18. Compassionate
Leave
18.1 In no way
restricting the right of the Commissioner to approve leave for compassionate
reasons in other circumstances, an employee other than a casual employee, shall
be entitled to up to two shifts (or two days in the case of day workers)
compassionate leave without deduction of pay, up to and including the day of
the funeral, on each occasion of the death of a person as prescribed in
subclause 18.3 of this clause.
18.2 The employee must
notify the employer as soon as practicable of the intention to take
compassionate leave and will, if requested by the employer, provide to the
satisfaction of the employer proof of death.
18.3 Compassionate
leave shall be available to the employee in respect to the death of a person
being:
18.3.1 a spouse of the employee; or
18.3.2 a de
facto spouse who, in relation to a person, is a person of the opposite sex to
the first mentioned person and who lives with the first mentioned person as the
husband or wife of that person on a bona fide domestic basis, although not legally
married to that person; or
18.3.3 a child or an adult child (including an adopted child, a
stepchild, a foster child or an ex-nuptial child), parent (including a foster
parent and legal guardian), grandparent, grandchild or sibling of the employee
or spouse or de facto spouse of the employee; or
18.3.4 a same
sex partner who lives with the employee as the de facto partner of that
employee on a bona fide domestic basis; or
18.3.5 a relative of the employee who is a member of the same
household where, for the purposes of this subclause:
18.3.5.1 "relative" means a person related by blood, marriage or
affinity;
18.3.5.2 "affinity" means a relationship that one spouse, because
of marriage, has to blood relatives of the other; and
18.3.5.3 "household" means a family group living in the same
domestic dwelling.
18.4 An employee shall
not be entitled to compassionate leave under this clause during any period in
respect of which the employee has been granted other leave.
18.5 Compassionate
leave may be taken in conjunction with other leave available under subclauses
22.2, 22.3, 22.4 and 22.5 of the said clause 22. In determining such a request,
the employer will give consideration to the circumstances of the employee and
the reasonable operational requirements of the Department.
19. Examination and
Assessment Leave
19.1 Except as
specified otherwise by the Commissioner following consultation between the Department and the
Union, all examinations and/or assessments required for progression or
promotion shall be arranged so that they take place when the employee is
normally rostered for duty on day shift.
19.2 Where the
Department is unable to make the necessary arrangements for an employee to sit
an examination/assessment on shift as per subclause 19.1 within two months from
the date the employee makes application for assessment, the employee may make
arrangements to sit the examination/assessment externally. In such cases, employees shall be entitled to
the conditions provided for by Clause 16, Training Course Attendance
Entitlements, of this Award. The Department shall notify the employee as early
as practicable of its inability to make such necessary arrangements.
19.3 An employee
sitting for an examination or assessment as per subclause 19.1 shall be
granted, prior to the examination or assessment, such paid leave as might
reasonably be necessary for attendance at the examination or assessment,
including travel.
20. Long Service Leave
20.1 Subject also to
the provisions of subclause 20.8, Long Service Leave calculated from the date
of appointment to the service shall accrue to employees in accordance with the
following entitlements:
20.1.1 After service for ten years, leave for
two months on full pay or four months on half pay.
20.1.2 After service in
excess of ten years:
20.1.2.1 Leave
pursuant to subclause 20.1.1; and
20.1.2.2 In
addition, an amount of leave proportionate to the length of service after ten
years, calculated on the basis of five months on full pay or ten months on half
pay, for ten years served after service for ten years.
20.1.2.3 Long
Service Leave shall not include annual leave.
20.2 Where the
services of an employee with at least five years but less than seven years service are terminated by the Department for any
reason other than the employee's serious and wilful misconduct, or by the
employee on account of illness, incapacity or domestic or other pressing
necessity, or by reason of the death of the employee, the employee shall, for
five years' service be entitled to one month's leave on full pay and for
service after five years to a proportionate amount of leave on full pay
calculated on the basis of three months' leave for fifteen years' service.
20.3 In the event of
the termination of the employment of the employee other than by death, the
monetary value of Long Service Leave due, if any, shall be paid to such
employee.
20.4
20.4.1 Approval
to take Long Service Leave as provided by this clause shall, subject to the
exigencies of the Department, be granted by the Department as and when such
leave becomes due (i.e. after seven years) or any time thereafter. Provided that an employee shall give notice, in writing, to the
Department of their intention to take such leave. The period of notice
required prior to the leave being taken is set out in sub clause 20.6.1.
20.4.2 Notwithstanding
the provisions of subclause 20.6.1, the period of notice referred to in
subclause 20.6.1 may be reduced on a case by case basis, subject to the
discretion of the Commissioner.
20.5 Approval to take
Long Service Leave may be deferred by the Commissioner due to Departmental requirements.
20.6 An employee may
apply to access long service leave for a minimum of their single rostered shift
as follows:
20.6.1 on full pay having provided one week’s notice:
20.6.2 on half pay having provided two weeks’ notice; or
20.6.3 on double pay having provided two weeks’ notice.
20.7 When an employee
takes long service leave, such leave will be deducted as follows:
20.7.1 the number of days taken on full pay;
20.7.2 half the number of days taken on half pay; or
20.7.3 twice the number of days taken on double pay.
20.8 Prior to an
employee entering upon a period of Long Service Leave, the employee may elect
to be paid with respect of the period of leave in one of the following ways:
20.8.1 in full when the employee commences the period of leave; or
20.8.2 at the same time as the employee’s normal pay would have
been paid if the worker had remained on duty.
20.9 Notwithstanding
anything elsewhere provided by this clause, effective on and from the date of
operation of this Award:
20.9.1 employees may apply to take pro-rata Long Service Leave
after the completion of seven (7) years of service. Additionally employees with
such service shall be entitled to pro-rata Long Service Leave on resignation or
termination.
20.9.2 employees may apply to take a period of Long Service Leave
at double pay provided that:
20.9.2.1 The
additional payment will be made as a non-superable taxable allowance payable
for the period of the absence from work.
20.9.2.2 The
employee's leave balance will be debited for the actual period of the absence
from work and an equivalent number of days as are necessary to pay the
allowance.
20.9.2.3 Other
leave entitlements, e.g., recreation leave, sick leave and Long Service Leave
will accrue at the single time rate where an employee takes Long Service Leave
at double time.
20.9.2.4 Superannuation
contributions will only be made on the basis of the actual absence from work,
i.e., at the single time rate.
20.9.2.5 Where an
employee other than an Executive Officer elects to take Long Service Leave at
double pay, the minimum & multiple periods of actual absence as prescribed
in 20.7 shall apply. Where an Executive Officer elects to take Long Service
Leave at double pay, the minimum period of actual absence should be not less
than one day.
20.9.3 where a public holiday falls during a period of Long Service
Leave the employee shall be paid for that day and additionally it shall not be
deducted from the period of the leave.
20.9.3.1 In
respect of public holidays that fall during a period of double pay Long Service
leave an employee will not be debited in respect of the leave on a public
holiday. The employees leave balance
will however be reduced by an additional day to fund the non-superable taxable
allowance.
20.10 Entitlements to
Extended Leave (Long Service Leave) pursuant to the Public Sector Employment
and Management Act 2002 shall take effect on and from 5 October 1993,
provided that the total years of service will count for the determination of
entitlements accruing from that date.
21. Parental Leave
21.1 Definition of
Parental Leave
21.1.1 For
the purposes of this clause, parental leave is maternity leave, Other Parent
leave or adoption leave.
21.1.2 Maternity
leave is taken by a female employee in connection with the pregnancy or the
birth of a child of the employee. Maternity leave consists of an unbroken
period of leave.
21.1.3 Other
Parent leave is leave taken by an employee who becomes a parent but is
ineligible to be granted either maternity leave or adoption leave but is to be
the primary care giver of a child or who wishes to share the child caring
duties with their partner.
21.1.4 Adoption
leave is leave taken by a female or male employee in connection with the
adoption by the employee of a child under the age of five (5) years (other than
a child who has previously lived continuously with the employee for a period of
at least six (6) months or who is a child or step-child of the employee or of
the employee's spouse).
21.1.5 For
the purposes of this clause, "spouse" includes a de facto spouse and
a former spouse.
21.2 Entitlement to
Parental Leave
21.2.1 An
employee is entitled to parental leave, as provided by this clause, in
connection with the birth or adoption of a child.
21.2.2 Maternity
Leave - all female employees who do not have the necessary service as
prescribed in subclause 21.3.1 for paid Maternity Leave, shall be entitled to
unpaid maternity leave of up to fourteen (14) weeks before the expected date of
birth of the child.
21.2.3 Paid
Maternity Leave may be granted to a female employee subject to the following
conditions -
21.2.3.1 The
female employee has applied for Maternity Leave within such time and in such
manner as herein set out; and
21.2.3.2 Before
the expected date of birth has completed not less than forty (40) weeks'
continuous service. Paid Maternity Leave shall be for a period of fourteen (14)
weeks at full pay or twenty-eight (28) weeks at half pay from the date
Maternity Leave commences.
21.2.3.3 In
addition to the unpaid or paid Maternity leave referred to in 21.2.2 &
21.2.3.2 respectively, all female employees shall be entitled to a further
period of unpaid Maternity leave, provided that the total period of absence on
Maternity leave shall not exceed sixty-one (61) weeks.
21.2.3.4 The
period over which Annual and/or Long Service Leave combined with unpaid
Maternity Leave, shall not exceed a total period of two years from the date of
birth of the child.
21.2.4 Short
Adoption Leave is an unbroken period of fourteen (14) weeks of unpaid leave,
taken by an employee who does not have the necessary service for paid Adoption
Leave as prescribed in subclause 21.3.1, from the time of placement of the
child.
21.2.5 Paid
Adoption Leave may be granted to an employee adopting a child subject to the
following conditions:
21.2.5.1 The
employee has applied for Adoption Leave within such time and in such manner as
herein set out; and
21.2.5.2 Before
the commencement of Adoption Leave the employee has completed not less than
forty (40) weeks' continuous service.
21.2.5.3 The
employee is to be the primary care giver of the child.
21.2.5.4 Paid
Adoption Leave shall be for a period of fourteen (14) weeks at full pay or
twenty-eight (28) weeks at half pay of Adoption Leave or the period of Adoption
Leave taken, whichever is the lesser period.
21.2.5.5 In
addition to the unpaid or paid Adoption leave referred to in 21.2.4 &
21.2.5 of this subclause respectively, all employees shall be entitled to a
further period of unpaid Adoption leave, provided that the total period of
absence on Adoption leave shall not exceed sixty-one (61) weeks.
21.2.6 Other Parent Leave is a period of up to a
maximum of fifty-two (52) weeks of either unpaid or a combination of paid and
unpaid parental leave taken from the date of birth of the child, or other
termination of the pregnancy. Application for such leave must be made within
such time and in such manner as herein set out. Other Parent leave shall
consist of -
21.2.6.1
21.2.6.1.1 an
unbroken period of up to one (1) week unpaid leave (short Other Parent leave)
at the time of the birth of the child, or other termination of the pregnancy,
or
21.2.6.1.2 an
unbroken period of up to one (1) week on full pay or two (2) weeks on half pay
at the time of the birth of the child, or other termination of the pregnancy
provided that at such time the employee has completed not less than forty (40)
weeks continuous service.
21.2.6.2 In
addition to the unpaid or paid Other Parent leave referred to in 21.2.6.1, “Other Parent”
employees shall be entitled to a further period of unpaid Other Parent leave in
order to be the primary care-giver of the child (extended Other Parent leave),
provided that the total period of absence on Other Parent leave shall not
exceed fifty-two (52) weeks.
21.2.7 Except
as provided for in subclause 21.2.3 and 21.2.5, Parental Leave shall not extend
beyond a period of 1 year after the child was born or adopted.
21.3 Length of service
for eligibility
21.3.1 A
female employee is entitled to paid maternity leave
or, in the case of both male and female employees, paid Other Parent or
adoption leave only if the employee has had at least 40 weeks' continuous
service.
21.3.2 There
is no minimum period of employment for eligibility for unpaid parental leave.
21.3.3 Continuous
service is service under one or more unbroken contracts of employment,
including:
21.3.3.1 any period of authorised leave or absence, and
21.3.3.2 any period of part-time work.
21.3.3.3 full or part time service within the Public Service or
within a Public Sector organisation listed in the schedules attached to the
Transferred Officers Extended Leave Act 1961 and in appendices A and B contained in the Personnel
Handbook published by the DPE.
21.4 Notices and
Documents required to be given to Commissioner
21.4.1 Maternity
leave
The notices and documents to be given to the
Commissioner for the purposes of taking maternity leave are as follows:
21.4.1.1 The
female employee should give at least 8 weeks' written or oral notice of the
intention to take the leave (unless it is not reasonably practicable to do so
in the circumstances),
21.4.1.2 The
female employee must, at least 4 weeks before proceeding on leave, give written
notice of the dates on which the employee proposes to start and end the period
of leave,
21.4.1.3 The
female employee must, before the start of leave, provide a certificate from a
medical practitioner confirming that the employee is pregnant and the expected
date of birth.
21.4.2 Other
Parent leave
The notices and documents to be given to the
Commissioner for the purposes of taking Other Parent leave are as follows:
21.4.2.1 In the
case of extended Other Parent leave, the employee should give at least 10 weeks
written or oral notice of the intention to take the leave (unless it is not
reasonably practicable to do so in the circumstances),
21.4.2.2 The
employee must, at least 4 weeks before proceeding on leave, give notice of the
dates on which the employee proposes to start and end the period of leave,
21.4.2.3 The
employee must, before the start of leave, provide a certificate from a medical
practitioner confirming that the employee's spouse is pregnant and the expected
date of birth,
21.4.2.4 In the
case of extended Other Parent leave, the employee must, before the start of
leave, provide a statutory declaration by the employee stating:
21.4.2.4.1 any period of maternity leave sought or taken by their
spouse, and
21.4.2.4.2 that they are seeking that period of extended Other Parent
leave to become the primary care-giver of a child.
21.4.3 Adoption
leave
The notices and documents to be given to the
Commissioner for the purposes of taking adoption leave are as follows:
21.4.3.1 In the
case of extended adoption leave, the employee should give written or oral
notice of any approval or other decision to adopt a child at least 10 weeks
before the expected date of placement (unless it is not reasonably practicable
to do so in the circumstances),
21.4.3.2 The
employee must give written notice of the dates on which the employee proposes
to start and end the period of leave, as soon as practicable after the employee
is notified of the expected date of placement of the child but at least 14 days
before proceeding on leave,
21.4.3.3 The
employee must, before the start of leave, provide a statement from an adoption
agency or another appropriate body of the expected date of placement of the
child with the employee for adoption purposes,
21.4.3.4 In the
case of extended adoption leave, the employee must, before the start of leave,
provide a statutory declaration by the employee stating:
21.4.3.4.1 any period of adoption leave sought or taken by his or her
spouse, and
21.4.3.4.2 that the employee is seeking that period of extended
adoption leave to become the primary care-giver of a child.
21.4.4 An
employee does not fail to comply with this clause if the failure was caused by:
21.4.4.1 the child being born (or the pregnancy otherwise terminating)
before the expected date of birth, or
21.4.4.2 the child being placed for adoption before the expected date
of placement, or
21.4.4.3 other compelling circumstances.
In the case of the birth of a living child, notice of
the period of leave is to be given within two (2) weeks after the birth and the
certificate of the medical practitioner is to state that the child was born and
the date of birth. In the case of the adoption of a child, notice of the period
of leave is to be given within two (2) weeks after the placement of the child.
21.4.5 An
employee must notify the Commissioner of any change in the information provided
under this clause within two (2) weeks after the change.
21.4.6 If
required by the Commissioner, an employee who applies for Parental Leave is to
give the Commissioner a statutory declaration, or enter into an agreement with
the Commissioner, that for the period of the leave the employee will not engage
in any conduct inconsistent with the employee's contract of employment.
21.5 Continuity of
service
Parental leave does not break an employee's continuity
of service, but subject to subclauses 21.5.1, 21.5.2 and 21.5.3, is not to be
taken into account in calculating an employee's period of service for any other
purposes.
21.5.1 Any
period of paid Adoption, paid Maternity or paid Other Parent Leave shall count
as full service for the purposes of determining progression either within a
classification or from one classification to another. However, unpaid Parental
Leave shall not count as service for determining such progression.
21.5.2 Adoption
Leave on full pay, Maternity Leave at full pay and Other Parent Leave at full
pay shall count as full service for the purposes of determining all forms of
leave.
21.5.3 Unpaid
Parental Leave shall not count as service for determining any form of leave
entitlement, except for Long Service Leave (Extended Leave) in cases where at
least ten (10) years of service has been completed and unpaid Parental Leave
does not exceed six (6) months.
21.6 Simultaneous
taking of Parental Leave
Subject to subclause 21.20.1.1, Parental Leave is to be
available to only one parent at a time, in a single unbroken period, except
that both parents may simultaneously take:
21.6.1 For
maternity and Other Parent leave, an unbroken period of up to one week at the
time of the birth of the child;
21.6.2 For adoption leave, an unbroken period of up to three weeks
at the time of the placement of the child.
21.7 Cancellation of
Parental Leave
21.7.1 Before starting
leave
Parental leave applied for but not commenced is
automatically cancelled if:
21.7.1.1 the employee withdraws the application for leave by written
notice to the Commissioner, or
21.7.1.2 the pregnancy concerned terminates other than by the birth
of a living child or the placement of the child concerned does not proceed.
21.7.2 After starting leave
If:
21.7.2.1 the pregnancy of the employee or the employee's spouse
terminates other than by the birth of a living child while the employee or
spouse is on parental leave, provided:
21.7.2.1.1 if a child is still-born the female employee may elect to
take available sick leave or maternity leave;
21.7.2.1.2 in the event of a miscarriage any absence from work is to be
covered by the current sick leave provisions; or
21.7.2.2 the child in respect of whom an employee is then on parental
leave dies, or
21.7.2.3 the placement of a child for adoption purposes with an
employee then on adoption leave does not proceed or continue,
the employee is entitled to
resume work at a time nominated by the Commissioner within 2 weeks after the
date on which the employee gives the Commissioner a notice in writing stating
that the employee intends to resume work and the reason for the intended
resumption.
21.7.3 This provisions of subclause 21.7 do not
affect an employee's entitlement to special maternity leave or special adoption
leave.
21.8 Parental Leave
and other Leave
21.8.1 An employee may take any annual leave,
long service leave (extended leave) or consolidated leave to which the employee
is entitled instead of or in conjunction with parental leave.
21.8.2 However, the total period of leave cannot
be so extended beyond the maximum period of parental leave authorised by this
clause.
21.8.3 The maximum period of parental leave
authorised by this clause is reduced by any period of paid sick leave taken by
the employee while on maternity leave.
21.8.4 Any paid absence authorised by law or by
an award, enterprise agreement or contract of employment is not available to an
employee on parental leave, except if the paid absence is:
21.8.4.1 annual leave, long service leave (extended leave) or
consolidated leave, or
21.8.4.2 in the
case of maternity leave - sick leave.
21.9 Employee and
Commissioner may agree to interruption of parental leave by return to work
21.9.1 An employee on parental leave may, with
the agreement of the Commissioner, break the period of leave by returning to
work for the Department, provided that:
21.9.1.1 A female
employee who gives birth to a living child shall not resume duty until six (6)
weeks after the birth of the child unless special arrangements for early return
are made at the request of the female employee and supported by a certificate
from a qualified medical practitioner;
21.9.1.2 A female
employee who has returned to full-time duty after less than her full
entitlement to maternity leave, shall be entitled to revert to maternity leave
either on a full-time or part-time basis if she so elects. This election may be
exercised only once and a minimum of four (4) weeks notice
(or less if acceptable to the Commissioner) of her intention to resume
maternity leave must be given.
21.9.2 The period of leave cannot be extended by
such a return to work beyond the maximum period of leave authorised by this
clause.
21.10 Extension of
period of Parental Leave
21.10.1 An employee may extend the period of
parental leave once only by giving the Commissioner notice in writing of the
extended period at least fourteen (14) days before the start of the extended
period. The period of leave cannot be extended by such a notice beyond the
maximum period of leave authorised by this clause.
21.10.2 Subject to the provisions of subclause
21.20, an employee may extend the period of parental leave at any time with the
agreement of the Commissioner. The period of leave can be extended by such an
agreement beyond the maximum period of leave authorised by this clause.
21.10.3 This section applies to an extension of
leave while the employee is on leave or before the employee commences leave.
21.11 Shortening of
period of Parental Leave
An employee may shorten the period of parental leave
with the agreement of the Commissioner and by giving the Commissioner notice in
writing of the shortened period at least fourteen (14) days before the leave is
to come to an end.
21.12 Return to work
after Parental Leave
21.12.1 An employee returning to work after a
period of parental leave is entitled to be employed in:
21.12.1.1 the classification (if possible, at the same location) held
by the employee immediately before proceeding on that leave, or
21.12.1.2 if the employee was transferred to a safe job before
proceeding on maternity leave - the classification (if possible, at the same
location) held immediately before the transfer.
21.12.2 If the classification no longer exists but
there are other classifications available that the employee is qualified for
and is capable of performing, the employee is entitled to be employed in a
classification as comparable as possible in status and pay to that of the
employee's former classification.
21.12.3 The provisions of subclause 21.12 extend to
a female employee returning to work after a period of Special maternity leave
and sick leave.
21.13 Payment
21.13.1 Payment for the fourteen (14) weeks on full
pay or twenty-eight (28) weeks on half pay paid Maternity Leave may be made -
21.13.1.1 in advance in a lump sum; or
21.13.1.2 on a
normal fortnightly basis, and shall be at the same hourly rate as the rate paid
for other forms of paid leave, and may include payment of a higher duties
allowance if the employee;
21.13.1.2.1 has acted in the higher position for a period in excess of
one year; and
21.13.1.2.2 the period of higher duties relief continues up to the day
prior to the employee's departure on maternity leave; and
21.13.1.2.3 the higher duties relief is at the full difference in pay.
21.13.2 Payment
to eligible employees for the fourteen (14) weeks on full pay or twenty-eight
(28) weeks on half pay paid Adoption Leave may be made -
21.13.2.1 in advance in a lump sum; or
21.13.2.2 on a
normal fortnightly basis.
21.14 Commissioner's
Obligations
21.14.1 Information to Employees
On becoming aware that an employee (or an employee's
spouse) is pregnant, or that an employee is adopting a child, the Commissioner
must inform the employee of:
21.14.1.1 the employee's entitlements to parental leave under this
clause, and
21.14.1.2 the employee's obligations to notify the Commissioner of any
matter under this clause.
21.14.2 Records
The Commissioner must keep, for at least six (6) years,
a record of parental leave granted under this clause to employees and all
notices and documents given under this clause by employees or the Commissioner.
21.15 Termination of
Employment because of Pregnancy etc.
21.15.1 The Commissioner must not terminate the
employment of an employee because:
21.15.1.1 the employee is pregnant or has applied to adopt a child, or
21.15.1.2 the employee has given birth to a child or has adopted a
child, or
21.15.1.3 the employee has applied for, or is absent on, parental
leave but otherwise the rights of the Commissioner in relation to termination
of employment are not affected by this clause.
21.15.2 For the purposes of establishing such a
termination of employment, it is sufficient if it is established that the
alleged reason for termination was a substantial and operative reason for
termination.
21.15.3 This clause does not affect any other
rights of a dismissed employee.
21.16 Replacement
employees
21.16.1 A
replacement employee is a person who is specifically employed as a result of an
employee proceeding on parental leave (including as a replacement for an
employee who has been temporarily promoted or transferred in order to replace
the employee proceeding on parental leave).
21.16.2 Before
a replacement employee is employed, the Commissioner must inform the person of
the temporary nature of the employment and of the rights of the employee on
parental leave to return to work.
21.16.3 A
reference in this clause to an employee proceeding on leave includes a
reference to a pregnant employee exercising a right to be transferred to a safe
job.
21.17 Transfer
to a Safe Job
21.17.1 This
subclause applies whenever the present work of a female employee is, because of
her pregnancy or breastfeeding, a risk to the health or safety of the employee
or of her unborn or new born child. The assessment of such a risk is to be made
on the basis of a medical certificate supplied by the employee and of the
obligations of the Commissioner under the Occupational Health and Safety Act
2000.
21.17.2 The
Commissioner is to temporarily adjust the employee's working conditions or
hours of work to avoid exposure to risk as follows -
21.17.2.1 Where a
female employee is confirmed pregnant she is to notify the Officer-in-Charge as
soon as possible who will, in turn, direct that she be withdrawn from
operational firefighting duties;
21.17.2.2
21.17.2.2.1 The
standard issue uniform is to be worn by members until the pregnancy becomes
apparent prior to the birth and from the tenth week, if practicable, following
the birth.
21.17.2.2.2 Employees
will be provided with a maternity uniform for use when appropriate.
21.17.2.3 An
employee on maternity leave who gives birth to a living child shall not resume
operational firefighting duties until thirteen (13)
weeks have elapsed after the birth of the child unless a special request for
early return is made by the employee supported by a medical certificate from a
qualified medical practitioner, subsequently endorsed by the Department's
occupational physician.
21.17.2.4 Duties
other than fire fighting may be undertaken after six (6) weeks following the
birth of the child, if endorsed by the occupational physician.
21.17.2.5
21.17.2.5.1 Upon
withdrawal from operational firefighting duties
alternate work of a suitable nature is to be provided.
21.17.2.5.2 Allocation
of duties will be determined by the Department following consultation between
the Department's Occupational Health Physician, the employee's
Officer-in-Charge and the employee.
21.17.3 If such an adjustment is not feasible or
cannot reasonably be required to be made, the Commissioner is to transfer the
employee to other work where she will not be exposed to that risk.
21.17.4 If such a transfer is not feasible or
cannot reasonably be required to be made, the Commissioner is to grant the
employee maternity leave under this clause (or any available paid sick leave)
for as long as is necessary to avoid exposure to that risk, as certified by a
medical practitioner.
21.18 Special Maternity
Leave and Sick Leave
If the pregnancy of an employee not then on maternity
leave terminates before the expected date of birth (other than by the birth of
a living child) or she suffers illness related to her pregnancy:
21.18.1 the employee is
entitled to such period of unpaid leave (to be known as special maternity
leave) as a medical practitioner certifies to be necessary before her return to
work, or
21.18.2 the employee is
entitled to such paid sick leave (either instead of or in addition to special
maternity leave) as she is then entitled to and as a medical practitioner
certifies to be necessary before her return to work.
21.19 Special Adoption
Leave
An employee who is seeking to adopt a child is entitled
to up to two (2) days unpaid leave if the employee requires that leave to
attend compulsory interviews or examinations as part of the adoption procedure.
This leave may also be granted from a credit of consolidated leave.
21.20 Right to request
21.20.1 An
employee entitled to parental leave may request the employer to allow the
employee:
21.20.1.1 to extend the period of simultaneous parental leave up to a
maximum of eight weeks;
21.20.1.2 to extend the period of unpaid parental leave for a further
continuous period of leave not exceeding 12 months;
to assist the employee in
reconciling work and parental responsibilities.
21.20.2 The
employer shall consider the request having regard to the employee’s
circumstances and, provided the request is genuinely based on the employee’s
parental responsibilities, may only refuse the request on reasonable grounds
related to the effect on the workplace or the employer’s business.
21.20.3 Employee’s
request and the employer’s decision to be in writing:
The employee’s request and the employer’s decision made
under 21.20.1.1 and 21.20.1.2 must be recorded in writing.
21.21 Communication
during parental leave
21.21.1 Where
an employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the employer shall take
reasonable steps to:
21.21.1.1 make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
21.21.1.2 provide an opportunity for the employee to discuss any
significant effect the change will have on the status or responsibility level
of the position the employee held before commencing parental leave.
21.21.2 The
employee shall take reasonable steps to inform the employer about any
significant matter that will affect the employee’s decision regarding the
duration of parental leave to be taken and whether the employee intends to
return to work.
21.21.3 The
employee shall also notify the employer of changes of address or other contact
details which might affect the employer’s capacity to comply with paragraph
21.21.1.
22. Carer's Leave
22.1 Use of Sick Leave
-
22.1.1 An
employee, other than a casual employee, with responsibilities in relation to a
class of person set out in subclause 22.1.3.2, who needs the employee's care
and support shall be entitled to use, in accordance with this clause, any
current or accrued sick leave entitlement, provided for at Clause 23 of this
Award, for absences to provide care and support for such persons when they are
ill. Such leave may be taken for part of
a single day.
22.1.2 The
employee shall, if required, establish, by production of a medical certificate
or statutory declaration, the illness of the person concerned and that the
illness is such as to require care by another person. In normal circumstances
an employee must not take carer's leave under this clause where another person
has taken leave to care for the same person.
22.1.3 The
entitlement to use sick leave in accordance with this clause is subject to:
22.1.3.1 the employee being responsible for the care of the person
concerned; and
22.1.3.2 the person concerned being:
22.1.3.2.1 a spouse of the employee; or
22.1.3.2.2 a de
facto spouse who, in relation to a person, is a person of the opposite sex to
the first mentioned person and who lives with the first mentioned person as the
husband or wife of that person on a bona fide domestic basis, although not legally
married to that person; or
22.1.3.2.3 a child or an adult child (including an adopted child, a
stepchild, a foster child or an ex-nuptial child), parent (including a foster
parent and legal guardian), grandparent, grandchild or sibling of the employee
or spouse or de facto spouse of the employee; or
22.1.3.2.4 a same
sex partner who lives with the employee as the de facto partner of that
employee on a bona fide domestic basis; or
22.1.3.2.5 a relative of the employee who is a member of the same household
where, for the purposes of this subclause:
22.1.3.2.5.1 "relative" means a person related by blood, marriage or
affinity;
22.1.3.2.5.2 "affinity" means a relationship that one spouse, because
of marriage, has to blood relatives of the other; and
22.1.3.2.5.3 "household" means a family group living in the same
domestic dwelling.
22.1.4 An employee shall,
wherever practicable, give the Department notice, prior to the absence, of the
intention to take leave, the name of the person requiring care and their
relationship to the employee, the reasons for taking such leave and the
estimated length of absence. If it is not practicable for the employee to give
prior notice of absence, the employee shall notify the Department by telephone of such absence at the
first opportunity on the day of absence.
22.2 Unpaid Leave for
Family Purpose -
22.2.1 An employee may elect, with the consent
of the Department, to take unpaid leave for the purpose of providing care and
support to a class of person, as set out in subclause 22.1.3.2, who is ill.
22.3 Annual Leave -
22.3.1 An employee may elect, with the consent
of the Department, subject to the Annual Holidays Act 1944, to take
annual leave not exceeding five (5) days in any calendar year at a time or
times agreed upon by the Department and the Union.
22.4 Time Off in Lieu
of Payment for Overtime -
22.4.1 An employee may elect, with the consent
of the Department, to take time off in lieu of payment for overtime at a time
or times agreed upon with the Department within twelve (12) months of the said
election.
22.4.2 Overtime taken as time off during
ordinary-time hours shall be taken at the ordinary-time rate, that is, an hour
for each hour worked.
22.4.3 If having elected to take time as leave,
in accordance with subclause 22.4.1 above, the leave is not taken for whatever
reason, payment for time accrued at overtime rates shall be made at the expiry
of the (twelve) 12 month period or on termination.
22.4.4 Where no election is made in accordance
with subclause 22.4.1, the employee shall be paid their overtime in accordance
with this Award.
22.5 Make-up Time -
22.5.1 An employee may elect, with the consent
of the Department, to work "make-up time", under which the employee
takes time off ordinary hours and works those hours at a later time during the
spread of ordinary hours provided in this Award, at the ordinary rate of pay.
22.5.2 An employee on shift work may elect, with
the consent of the Department, to work "make-up time", under which
the employee takes time off ordinary hours and works those hours at a later
time, at the shift work rate which would have been applicable to the hours
taken off.
23. Sick Leave
23.1 The management of
sick leave by the Department will be underpinned by an Attendance Management
System that seeks to support employees in maintaining their health and
recovering from illness or incapacity, and ensuring that sick leave is used
only for legitimate purposes.
23.2 In every case of
illness or incapacity sustained by an employee whilst off duty, the following
conditions shall apply.
23.3 Such employee
shall, as soon as practicable, inform their immediate supervisor of such
inability to attend for duty and, as far as possible, shall state the estimated
duration of their absence.
23.4 Subject to the
provisions of subclause 23.8, such employee shall forward to the Department’s
Health and Safety Branch by Electronic Self Service (ESS), a medical
certificate stating the nature of the illness or incapacity and, if known, the
date the employee is fit to resume duty. If a medical certificate does not
specify the date the employee is fit to resume duty, the employee must, before
being entitled to resume duty, forward a further medical certificate to the
effect that the employee has recovered from the illness or incapacity and is
fit for duty, unless the employer dispenses with this requirement. The Health
and Safety Branch shall ensure that personal medical information provided
pursuant to this clause is not disclosed to any employees of the Department
outside of the Health and Safety Branch.
23.5 If so required,
such employee shall submit to examination by the Department's medical officer.
23.6 Every employee
who is absent from duty for a period of more than twenty-eight days shall be
examined by the Department's medical officer or a medical officer nominated by
the Department and must be certified by such medical officer as fit for duty
prior to being permitted to resume duty. An employee who is required to attend
the Department's medical officer or nominated medical officer shall be
reimbursed any out of pocket expenses reasonably and necessarily incurred. The
Department shall meet the cost of any such consultation.
23.7 The granting of
sick leave, the duration thereof and the pay, if any, for the same shall be on
the following basis:
23.7.1 One hundred and
forty-four hours on full pay in any one year.
23.7.2 Effective 17 February 1997, the sick
leave prescribed in 23.7.1 shall be fully cumulative less any sick leave taken.
23.7.3 Sick leave beyond the scale provided for
shall be sick leave without pay.
23.7.4 Sick leave is intended to be allowed in
respect of absences from duty caused by ordinary illness or incapacity for duty
as the result of an illness or injury sustained whilst off duty. When the
incapacity is due to organised sporting activity or paid work, unconnected with
the Department, any sick leave payment shall take into account any benefit in
the nature of sick leave or workers compensation payments the employee
concerned receives from the body organising the sporting activity or paid work,
but to the extent of such benefit, the employee's sick leave entitlement shall
not be affected.
23.7.5 Where payment has been made for sick
leave, under this clause, to an employee whose sick leave entitlement
previously has been exhausted, or whose right to sick leave is not established,
the Department may deduct the amount overpaid from the salary of the employee
concerned in the next pay period or, if such a deduction would cause hardship, in
accordance with the provisions of subclause 6.15 of this Award.
23.7.6 Recruit Firefighters
shall be eligible for sick leave. However, such employees shall only be
entitled to use up to and including 72 hours of sick leave.
23.7.7 When the incapacity is due to a cause
which would entitle an employee to workers' compensation, the Department shall
pay the difference between the amount of workers' compensation payment and the
ordinary rate of pay of the employee concerned. The employee's entitlement for
sick leave arising from ordinary illness shall not be affected.
23.7.8 The employee shall prove to the
satisfaction of the Department, or, in the event of a dispute, to the
satisfaction of the Industrial Relations Commission, that the employee was
unable, on account of such illness or incapacity, to attend for duty on that
day or days for which sick leave is claimed. Payment shall not be allowed for
such leave until this condition is fulfilled. A medical certificate tendered in
support of such claim shall state the illness or incapacity, and that the
employee was prevented by such illness or incapacity from attending for duty on
the day or days for which sick leave is claimed.
23.8 Employees are
entitled to take unsupported sick leave absences, where no medical certificate
is required, subject to the following provisions:
23.8.1 Such absences may not exceed 3 separate
occasions in any calendar year, where an ‘occasion’ shall be a shift or part of
a shift (or in the case of Executive Officers, 3 separate days in any calendar
year; and
23.8.2 Such absences may not be taken on
consecutive days; and
23.8.3 Such absences may not be taken on public
holidays; and
23.8.4 Such absences may not be taken in
relation to any matter that may be covered by workers’ compensation.
Commitment to Reduction in Sick Leave Levels
23.9 The Parties to this Award are committed to
ensuring a reduction in the cost associated with sick leave.
23.10 To ensure that sick leave levels are reduced,
the Parties have agreed to implement a policy for the management of employee
absence relating to personal illness and injury.
23.11 It is accepted that the Attendance Management
Policy for Permanent Firefighters will place the
Parties to this Award, including all employees covered by the Award, under an
obligation to effectively manage sick leave in order to achieve the targeted
reduction. To that end, the Parties will
work co-operatively to ensure the implementation and success of the Attendance
Management Policy for Permanent Firefighters.
Review Mechanisms
23.12 During the life of
the Award, the Department and the Union will, at regular intervals, monitor and
review the operation of the Attendance Management Policy for Permanent Firefighters and the data on reduction in average sick leave
levels.
23.13 At each review the
Department and the Union will assess progress against sick leave reduction
targets.
23.14 Subject to clause
23.15, if targets are not being met the Department will, after consultation
with the Union, identify and implement the additional measures required to meet
the targets and will vary the Attendance Management Policy for Permanent Firefighters accordingly.
23.15 In the event of a
dispute as to a proposed variation, then provided the Union notifies a dispute
within 7 days, the issue as to any proposed variation will be dealt with by the
Industrial Relations Commission and during that process the status quo in
regards to sick leave then applying will operate unless otherwise varied or
altered by the Commission.
Executive Officer
entitlements
23.16 Sick Leave on full
pay accumulates at the rate of fifteen (15) days each calendar year, and any
such accrued leave not taken is fully cumulative.
23.17 For the purpose of
subclause 23.16 "service" means continuous service.
23A.
Domestic and Family Violence Leave
23a.1 The
definition of domestic violence is found in clause 4, Definitions of this
Award;
23a.2 Employees
experiencing domestic violence are entitled to 10 days paid domestic and family
violence leave per calendar year (non-cumulative and able to be taken in
part-days, single days, or consecutive days). The leave is to be available for
employees experiencing domestic and family violence, for purposes including:
23a.2.1 seeking
safe accommodation;
23a.2.2 attending
medical, legal, police or counselling appointments relating to their experience
of domestic and family violence;
23a.2.3 attending
court and other legal proceedings relating to their experience of domestic and
family violence;
23a.2.4 organising
alternative care or education arrangements for their children; or
23a.2.5 other
related purposes approved by the employer.
23a.3 The
leave entitlement can be accessed without the need to exhaust other existing
leave entitlements first.
23a.4 When
approving leave, Fire and Rescue NSW needs to be satisfied, on reasonable
grounds, that domestic and family violence has occurred, and may require proof
such as:
23a.4.1 an
agreed document issued by the Police Force, a court, a domestic violence
support service or a member of the legal profession;
23a.4.2 a
provisional, interim or final Apprehended Violence Order (AVO), certificate of
conviction or family law injunction; or
23a.4.3 a
medical certificate.
23a.5 Part-time
employees will be entitled to the leave on a pro-rata basis.
23a.6 Where the entitlements provided by this clause
have been exhausted, other available leave entitlements provided for under this
Award may be applied for by employees experiencing domestic and family
violence.
23a.7 Personal
information concerning domestic violence will be kept confidential by the
Department.
23a.8 The Department,
where appropriate, may facilitate flexible working arrangements subject to
operational requirements, including changes to working times and changes to
work location, telephone number and email address.
24. Special Leave for
Union Activities
24.1 Attendance at
Union Conferences/Meetings
24.1.1 Employees who are
members of the Union and accredited by the Union as a delegate are entitled to
special leave with pay to attend the following:
24.1.1.1 annual or bi-annual conferences of the Union; and
24.1.1.2 annual conferences of the United Firefighters
Union of Australia; and
24.1.1.3 meetings of the Union's Executive/Committee of Management;
or
24.1.1.4 annual conference of Unions NSW; or
24.1.1.5 bi-annual
conference of the Australian Council of Trade Unions.
24.1.2 While there is no
limit on special leave for Union activities, such leave is to be kept to a
minimum and is subject to the employee:
24.1.2.1 establishing accreditation as a delegate with the Union; and
24.1.2.2 providing sufficient notice of absence to the Department;
and
24.1.2.3 lodging a formal application for special leave.
24.1.3 Such leave is also
subject to the Union:
24.1.3.1 providing documentary evidence to the Department about an
accredited delegate in sufficient time to enable the Department to make
arrangements for performance of duties; and
24.1.3.2 meeting all travelling, accommodation and any other costs
incurred for the accredited delegate; and
24.1.3.3 providing the Department with confirmation of attendance of
the accredited delegate.
24.1.4 Providing the
provisions of this clause are satisfied by both the employee and the Union, the
Department shall:
24.1.4.1 release the accredited delegate for the duration of the
conference or meeting;
24.1.4.2 grant special leave (with pay); and
24.1.4.3 ensure that the duties of the absent delegate are performed
in his/her absence, if appropriate.
24.1.5 Period of Notice
24.1.5.1 Generally,
dates of conferences or meetings are known well in advance and it is expected
that the Department would be notified as soon as accreditation has been given
to a delegate or at least two weeks before the date of attendance.
24.1.5.2 Where
extraordinary meetings are called at short notice, a shorter period of notice
would be acceptable, provided such notice is given to the Department as soon as
advice of the meeting is received by the accredited delegate.
24.1.6 Travel Time
24.1.6.1.1 Where a
delegate has to travel to Sydney, inter or intra
State, to attend a conference or meeting, special leave will also apply to
reasonable travelling time to and from the venue of the conference or meeting.
24.1.6.1.2 No
compensation is to be provided if travel can be and is undertaken on an
accredited delegate's non-working day or before or after his/her normal hours
of work.
24.1.7 Payment
24.1.7.1 Employees
entitled to special leave in terms of this clause shall, for such special
leave, receive their normal rate of pay. Provided that for the purpose of this
clause "normal rate of pay" will include allowances, except for the
Relieving Allowance set at Item 16 of Table 3 of Part C.
24.1.8 Special leave in
terms of this clause shall count as service for all purposes.
24.1.9 Availability of
Special Leave
24.1.9.1 Special
leave shall not be available to employees whilst they are rostered off duty or
on any period of other leave.
24.2 Attendance at
Courses/Seminars Conducted or Supported by TUEF
24.2.1 Except where
inconsistent with the provisions of subclause 24.2, the provisions of subclause
24.1 of this clause shall also apply for attendance at courses or seminars
conducted or supported by the Trade Union Education Foundation (TUEF).
24.2.2 Up to a maximum of
12 days in any period of two years may be granted to employees who are members
of the Union.
24.2.3 The grant of leave
to attend courses or seminars conducted or supported by TUEF,
is subject to the following conditions:
24.2.3.1 Departmental
operating requirements permit the grant of leave and the absence does not
result in working of overtime by other employees;
24.2.3.2 Expenses
associated with attendance at such courses or seminars, e.g. fares,
accommodation, meal costs, etc., will be required to be met by the employee
concerned but, subject to the maximum prescribed in subclause 24.2.2., special
leave may include travelling time necessarily required during working hours to
attend courses or seminars;
24.2.3.3 Applications
for leave must be accompanied by a statement from the Union that it has
nominated the employee concerned for such a course or seminar and supports the
application.
25. Court Attendance
Entitlements
25.1 The provisions of
this clause shall apply to employees attending Court and related conferences as
a:
25.1.1 result
of the duties performed by the employee in the employee's position with the
Department, including attendance at an incident.
25.1.2 witness
for the Crown but not as a result of the duties performed by the employee in
the employee's position with the Department.
25.1.3 witness
in a private capacity.
25.2 Attendance at
Court as a result of the duties performed by an employee in the employee's
position with the Department, including attendance at an incident.
25.2.1 Such attendance
shall be regarded as attendance in an Official Capacity and uniform must be
worn.
25.2.2 The employee is
entitled to be reimbursed for all expenses reasonably and necessarily incurred
in excess of any reimbursement for expenses paid by the Court. Any such claim
shall be in accordance with Clause 26, Travelling Compensation. Other than as
provided by subclause 25.2, employees are not entitled to claim nor retain any
monies as witness' expenses. Any monies received, other than reimbursement of
expenses actually and necessarily incurred, shall be paid to the Department.
25.2.3 Where the employee
is required to attend while off duty, overtime shall be paid from the time of
arrival at the Court to the time of departure from the Court. Travelling time
shall be compensated in accordance with Clause 26, Travelling Compensation.
Where approval has been given to the employee to use the employee's private
vehicle, employees shall be entitled to receive the appropriate Specified Journey
Rate prescribed at Item 1 of Table 4 of Part C. All public transport costs,
reasonably and necessarily incurred, shall be fully reimbursed.
25.2.4 Where the employee
receives a subpoena or notification of a requirement to attend Court, the
employee must ensure that the Officer-in-Charge is informed of those
commitments immediately. As far as is practicable, employees who are required
to attend Court in an Official Capacity shall do so free from their ordinary
duties and responsibilities.
25.2.5 The following
provisions are to apply to ensure that employees attending Court are given
adequate time free from duty to meet Court commitments:-
25.2.5.1 Day
Shift
Where an employee is rostered to work a day shift
arrangements must be made within the normal protocol for the employee to be
relieved whilst attending Court.
25.2.5.2 Night
Shift
An employee required to attend Court shall not be
rostered for duty on the night shift which ceases on the day of the Court
proceedings. When the employee is released from duty at the Court, and if
required to report for duty that evening, such duty shall not commence until an
eight hour break has been taken, pursuant to subclause 9.10 of Clause 9,
Overtime.
25.2.6 Where the employee
is recalled to duty to attend Court while on Annual or Long Service Leave:
25.2.6.1 For each
day or part thereof, such employee may elect to be re-credited with a full days
leave or to be paid a minimum of eight hours at the rate of time and one half
(i.e., half time in addition) for the first two hours and double time (i.e.,
time in addition) thereafter.
25.2.6.2 Time
worked in excess of eight hours on any recall to duty during annual or long
service leave shall be compensated at the rate of double time. The calculation
of time worked for the purpose of calculating double time shall commence from
the time duty commences at Court until the employee is excused from the Court.
25.2.6.3 Where
the combined period of travelling time and Court attendance is less than or
equal to eight hours, travelling time is included in the minimum payment
prescribed in subclause 25.2.6.1. Where the combined period of Court attendance
and travelling time exceeds eight hours, the excess travelling time shall be
compensated for in terms of Clause 26, Travelling Compensation.
25.2.7 Where an employee
is subpoenaed to attend Court while on Sick Leave it is the responsibility of
the employee to ensure that the circumstances are communicated to the
Court. If the employee is still required
to and does attend Court, the sick leave debited for that period will be
re-credited and the entitlement to reimbursement of expenses referred to above
shall apply.
25.2.8 "Stand-By"
25.2.8.1 "Stand-By"
for the purposes of this clause only, means a period when an employee is
required to be immediately available, upon notice, to attend Court.
25.2.8.2 Where an
employee is required to be on stand-by during a shift or, during any period
when the employee is rostered off duty, the employee must, as soon as the
requirement is known, advise his/her Officer-in-Charge.
25.2.8.3 Written
confirmation from the Court of such necessity to be on Stand-By must also be
provided.
25.2.8.4 Where an
employee is rostered off-duty and is on Stand-By, the employee shall be
entitled to be paid the appropriate amounts set at Item 18 of Table 3 of Part
C.
25.3 Where an Employee
Attends Court as a Witness for the Crown but not as a result of the duties
performed by the employee in the employee's position with the Department.
25.3.1 Employees shall be granted special leave
of absence with pay for the period they are necessarily absent from duty, and
shall pay to the Department all monies paid to them as witnesses, other than
monies paid as a reimbursement of out of pocket expenses incurred by them in
consequence of being so subpoenaed.
25.4 Where an Employee
Attends Court in a Private Capacity, (i.e., not subpoenaed by the Crown).
25.4.1 Employees shall be granted leave of
absence without pay for the period they are necessarily absent from duty or, if
they so desire, may apply for consolidated leave and, in either case, may
retain monies paid to them as witnesses.
26. Travelling
Compensation
26.1 Excess Travelling
Time
When an Operational Firefighter
is required to travel outside their normal hours of duty the Operational Firefighter may apply for payment for excess time spent
travelling, subject to the following:
26.1.1 If the travel is
on a non-working day and is undertaken by direction of the Commissioner or an
authorised officer, the Operational Firefighter is
entitled to the benefit of subclause 26.1.
26.1.2 Where the travel
is on a working day, the excess time spent travelling before the normal
commencing time or after the normal ceasing time, rounded to the lower quarter
hour, shall be counted for the benefit of subclause 26.1.
26.1.3 Payment for excess
travelling time on both a working day and a non-working day shall be at the
Operational Firefighter’s ordinary rate of pay on an
hourly basis (calculated by dividing the “Per Week” rate of pay by 40) subject
to a ceiling of the hourly rate of pay of a Station Officer set at Item 3 of
Table 4 of Part C.
26.1.4 Where the
Operational Firefighter has travelled overnight but
has been provided with sleeping facilities, the travelling time shall not include
travel between 2300 hours on one day and 0730 hours on the next day.
26.1.5 Travelling time
does not include time spent:
26.1.5.1. travelling
on permanent transfer where the transfer involves promotion with increased
salary; or as a consequence of a breach of discipline by the employee; or is at
the employee's request; or is under an arrangement between employees to
exchange positions;
26.1.5.2 travelling by ship on which meals and accommodation are
provided; or
26.1.5.3 taking a meal when the employee stops a journey to take the
meal.
26.1.6 Travelling time
shall be calculated by reference to the use of the most practical and economic
means of transport.
26.1.7 Payment will not
be made or allowed for more than eight (8) hours in any period of twenty four
(24) hours.
26.2 Waiting Time
When an Operational Firefighter
qualifies for the benefit of Excess Travelling Time, necessary waiting time is
to be counted as Travelling Time calculated as follows:
26.2.1 Where there is no
overnight stay with accommodation at a centre away from the employee's
residence or normal work location, one hour shall be deducted from:
26.2.1.1 the time between arrival at the centre and the commencement
of duty; and
26.2.1.2 the time between ceasing duty and the time of departure from
the centre.
26.2.2 Where overnight
accommodation is provided, any time from arrival until departure shall not
count as waiting time except as follows:
26.2.2.1 if duty
is performed on the day of arrival, the time less one
hour between arrival and the commencement of duty; and
26.2.2.2 if duty
is performed on the day of departure, the time less
one hour from the completion of duty to departure; or
26.2.2.3 if no duty is performed on day of departure the time after
0830 hours until departure.
26.3 Meal Allowances
26.3.1 When an employee
is required to perform official duty at a temporary work location and is not
required to reside away from home (a one day journey), the employee shall be
eligible to be paid the following meal allowances subject to the following
conditions:
26.3.1.1 For
breakfast when required to commence travel at/or before 0600 hours and at least
one and a half hours before the normal commencing time, the amount set at Item
4 of Table 4 of Part C.
26.3.1.2 For
lunch when, by reason of the journey, an employee is unable to take lunch at
the place or in the manner in which the employee ordinarily takes lunch and is
put to additional expense, the amount set at Item 5 of Table 4 of Part C or an
amount equivalent to the additional expense, whichever is the lesser.
26.3.1.3 For an
evening meal when required to work or travel until or beyond 1830 hours and at
least one and a half hours after the ordinary ceasing time, an amount set at
Item 6 of Table 4 of Part C.
26.3.1.4 Meal Allowances
shall not be paid where the employee is provided with an adequate meal.
26.4 Accommodation
Allowances
When an employee is required to perform official duty
at a temporary work location which requires the employee to reside away from
home and the employee is not provided with accommodation by the Government, the
employee shall be eligible to be paid the following accommodation (sustenance)
allowances subject to the conditions set out below:
26.4.1 For the first 35
calendar days, the appropriate amounts set at Item 7 of Table 4 of Part C; or
26.4.2 The actual
necessary expenses for meals and accommodation (actuals), together with
incidental expenses as appropriate, set at Item 8 of Table 4 of Part C. The
necessary expenses do not include morning and afternoon tea.
26.4.3 After the first 35
calendar days and for up to six months an employee shall be paid an allowance
at the rate set at Item 9 of Table 4 of Part C provided the allowance paid to
an employee, temporarily located in Broken Hill, shall be increased by 20%. The
allowance is not payable in respect of:
26.4.3.1 Any
period during which the employee returns home on weekends or public holidays
commencing with the time of arrival at the residence and ending at the time of
departure from the residence; or
26.4.3.2 Any
other period during which the employee is absent from the temporary work
location (including leave) otherwise than on official duty, unless approved by
the Commissioner.
26.4.4 The capital city
rate shall apply to Sydney as bounded by the GSA.
26.4.5
26.4.5.1 Where an
employee proceeds directly to a temporary work location in a Capital city and
returns direct, the Capital city rate applies to the whole absence.
26.4.5.2 Where an
employee breaks the journey, other than for a meal, in a centre that is not a
capital city, the capital city rate applies only in
respect of the time spent in the capital city, the elsewhere rate applies to
the remainder of the absence.
26.5 Incidental
Expenses Allowances - Government Provided Accommodation
When an employee is required to perform official duty
at a temporary work location which requires that the employee reside away from
home and is provided with accommodation by the Government, the employee shall
be eligible to be reimbursed expenses properly and reasonably incurred during
the time actually spent away from the employee's residence in order to perform
that duty and in addition be paid an allowance at the rate set at Item 10 of
Table 4, of Part C, as appropriate. Such expenses are limited to costs in
relation to food, laundry and accommodation that exceed what would normally
have been incurred at home. Any meal taken at a Government establishment is to
be paid for and appropriate reimbursement sought.
26.6 Additional
Provisions
26.6.1 Unless
specifically provided for in Clause 12, Relieving Provisions, Clause 16,
Training Course Attendance Entitlements or Clause 25, Court Attendance
Entitlements, the provisions of this clause shall not apply in the
circumstances provided for by those clauses. Nor do they apply to Recruits
undertaking College training.
26.6.2 When an employee
is required to travel to a temporary work location or to attend a training
course or conference on what would normally be regarded as a one day journey
and the time of travel will exceed four hours on any one day in addition to the
normal hours of work, the employee may be directed or may request that the
employee reside temporarily at a place other than the employee's residence to
avoid such travel time on any day and in such case shall be entitled to the
accommodation allowances as appropriate.
26.6.3 The claim for an
accommodation allowance or reimbursement of expenses shall be for the whole of
the period of absence and cannot be dissected into part of the time of the
absence by way of allowance and part of the absence being compensated by
reimbursement.
26.6.4 When an employee
in receipt of an accommodation allowance is granted special leave to return
home from a temporary work location, the employee shall be reimbursed for the
cost of the return rail fare or if a first class rail service is reasonably
available, the cost of a first class return rail fare, or a motor vehicle
allowance at the appropriate specified journey rate set at Item 1 of Table 4 of
Part C to the value of the rail fares. No taxi fares or other incidental
expenses are payable.
26.6.5 An employee shall
be entitled to the option of using public transport or reimbursement for the
use of the employee's private vehicle on the following basis:
26.6.5.1 Reimbursement
is not to be paid for a journey if an official motor vehicle is available for
the journey.
26.6.5.2 If an
official motor vehicle was not available but public transport was reasonably
available for the journey, the amount of any reimbursement is not to exceed the
cost of the journey by public transport.
26.6.5.3 Where
the employee elects to use a private vehicle the employee shall be reimbursed
at the specified journey rate prescribed from time to time or the cost of
public transport, whichever, unless the Commissioner approves otherwise, is the
lesser.
26.6.5.4 Where an
official motor vehicle is not available, and public transport was not
reasonably available for the journey, if the employee agrees to use the
employee's private vehicle, reimbursement shall be at the appropriate Official
Business rate set at Item 11 of Table 4 of Part C.
26.6.5.5 Where
the meal allowance or the accommodation allowance is insufficient to adequately
reimburse the employee for expenses properly and reasonably incurred, a further
amount may be paid so as to reimburse the employee for the additional expenses
incurred subject to the following:
26.6.5.5.1 The
Commissioner may require the production of receipts or other proof that
expenditure was incurred.
26.6.5.5.2 If any
expense in respect of which an allowance is payable was not properly and
reasonably incurred by the employee in the performance of official duties,
payment of the allowance may be refused or the amount of the allowance may be
reduced.
26.6.5.5.3 If any
purported expense was not incurred by the employee, payment of the allowance
may be refused or the amount of the allowance may be reduced.
26.6.5.6 The
Commissioner is to consider the convenience of the employee when an employee is
required to travel to a temporary work location.
26.6.5.7 Unless
special circumstances exist, the employee's work, the mode of transport used
and the employee's travel itineraries are to be organised and approved in
advance so that compensation for excess travel time and payment of allowances
is reasonably minimised.
26.7 Claims
Claims should be submitted promptly, i.e., within one
month from the completion of the work or within such time as the Commissioner
determines.
26.7.1 The Commissioner
may approve applications for advance payments of travelling and sustenance
allowances. Such applications should detail the appropriate expenditure
anticipated and be in accordance with In Orders 1982/34.
26.7.2 In assessing
claims for excess travelling time and payment of allowances reference should be
made to the time that might reasonably have been taken by the particular mode
of transport used. Provided that where an employee can demonstrate that the use
of the means of transport proposed by the Department is unreasonable in the
circumstances, the employee may apply to the Commissioner for a review of the
Department's decision. Where an employee does not wish to use the means of
transport proposed by the Department e.g. air travel as against train or car
travel, travelling time and allowances should be assessed on the basis that the
most practical and economical means of transport is used.
26.7.3 Where an allowance
is payable at a daily rate and a claim is made for a portion of the day, the
amount to be paid is to be calculated to the nearest half hour.
26.8
26.8.1 The meal,
accommodation and incidental allowances in Items 4 to 10 of Table 4 of Part C, shall be adjusted on 1 July in line with the
corresponding reasonable
allowance amounts for the appropriate financial year as published by the
Australian Taxation Office (ATO).
26.8.2 The per kilometre
rates in Items 1 & 11 of Table 4 of Part C, shall
be adjusted on 1 July each year in line with the increases in the Consumer
Price Index for Sydney during the preceding year (March quarter figures).
27. Notice of Transfer
27.1 When an employee is to be transferred to
work at a new location and/or to a different platoon, the Commissioner shall
give the employee the following notice -
27.1.1 Seven (7) days notice when the transfer is within the same fire
district or within the GSA and on the same platoon,
27.1.2 Fourteen (14) days notice when the transfer is within the same fire
district or within the GSA but to a different platoon,
27.1.3 Twenty eight (28) days notice when the transfer is outside the GSA or the
employee's current fire district, and such notice shall be confirmed in
writing.
27.2 An employee may
elect to waive, in whole or in part, the notice requirements of subclause 27.1.
28. Transfers Outside
of the GSA
This Clause prescribes the transfer arrangements which shall
apply in the case of all Operational Firefighter
vacancies which arise outside of the GSA.
28.1 Transfer Register
Applications
28.1.1 Applications for
placement on any Transfer Register shall be made by way of report to the
Manager Operational Personnel. Such reports shall clearly state the Transfer
Register on which the employee seeks to be placed, the employee’s current
classification, the employee’s current address and whether or not the employee
is claiming residential priority pursuant to subclause 28.4.
28.1.2 With the exception
of Recruit Firefighters, all Non-Officers shall be
eligible to apply for placement on any one or more of the Country Transfer
Registers or Regional Transfer Registers listed at subclause 28.2.
28.1.3 With the exception
of Inspectors with regards to the Blue Mountains area (only), all Station
Officers and Inspectors shall be eligible to apply for placement on any one or
more of the Regional Transfer Registers listed at subclause 28.2.2.
28.1.4 Leading Firefighters
shall be entitled to apply for placement on any Officer Transfer Register but
shall not be entitled to a transfer as a consequence of that placement unless
and until such time as they have been promoted to Station Officer rank. Similarly,
Leading Station Officers shall be entitled to apply for placement on any Senior
Officer Transfer Register but shall not be entitled to a transfer as a
consequence of that placement unless and until such time as they have been
promoted to Inspector rank.
28.1.5 The Manager
Operational Personnel shall acknowledge receipt of all applications within 14
days of the day upon which they are received. This receipt shall confirm the
employee’s service number, name, date of application, Transfer Register for
which the employee has applied and, if applicable, whether or not the
employee’s claim for residential priority has been accepted. Applications for
placement on a Transfer Register shall only be valid upon the issuing of this
receipt, which shall serve as proof of an employee’s application.
28.1.6 Employees may be
removed from a Transfer Register by submitting a further report to that effect
to the Manager Operational Personnel, who shall in turn issue a receipt as
proof of that withdrawal.
28.2 Transfer
Registers
28.2.1 Country Transfer
Registers:
Transfer Register
|
Local Government Area
|
Albury
|
Albury City Council
|
Armidale
|
Armidale City Council
|
Batemans Bay
|
Eurobodalla Shire Council
|
Bathurst
|
Bathurst City Council
|
Broken Hill
|
Broken Hill City Council
|
Coffs Harbour
|
Coffs Harbour City Council
|
Dubbo
|
Dubbo City Council
|
Goulburn
|
Goulburn City Council
|
Moree
|
Moree Plains Shire Council
|
Nowra
|
Shoalhaven City Council
|
Orange
|
Orange City Council
|
Port Macquarie
|
Hastings Council
|
Queanbeyan
|
Queanbeyan City Council
|
Tamworth
|
Tamworth City Council
|
Wagga Wagga
|
Wagga Wagga City Council
|
28.2.2 Regional Transfer
Registers:
Transfer Register
|
Local Government Area
|
Blue Mountains
|
Blue Mountains City Council
|
Central Coast
|
Central Coast Council
|
Illawarra
|
Wollongong City Council and Shellharbour City Council
|
Maitland
|
Cessnock City Council, Maitland City Council and Port Stephens
Council
|
Newcastle
|
Lake Macquarie City Council and Newcastle City Council
|
Northern Rivers
|
Tweed Shire Council, Lismore City Council, Byron Shire Council
and Ballina Shire Council
|
28.2.3 The parties agree that where permanent firefighters are to be introduced in an area outside the
GSA for which no Transfer Register exists, a new Transfer Register will be
established. Where a new transfer register is to be established, the Department
shall advertise the establishment of that register and invite initial
applications for a period of six weeks. Any applications received within the
six week period shall be deemed to have been received on the date of creation
of the register and placed on that register in accordance with the following
provisions:
28.2.3.1 Notwithstanding
the provisions of subclause 28.4.2, an applicant who satisfies the provisions
of subclause 28.4.3 and has done so for a period of 2 or more consecutive years
leading up to the date of creation of a Transfer Register shall be placed at
the top of that Residential Transfer Register. Where more than one applicant
satisfies this provision, placement on that Residential Transfer Register shall
be determined by a ballot conducted by the Manager Operational Personnel; and
28.2.3.2 Applicants
who are unable to satisfy the provisions of subclause 28.2.3.1 shall be placed
at the top of the relevant General Transfer Register. Where more than one such
application is received, the order of placement shall be determined by way of a
ballot conducted by the Manager Operational Personnel.
28.3 Operation of
Transfer Registers
28.3.1 The Department shall
establish and maintain a General Transfer Register and a Residential Transfer
Register for each category of Operational Firefighter
employees as follows:
28.3.1.1 in the case of Non-Officers, for each of the Country
Transfer Register areas and Regional Transfer Register areas listed at
subclauses 28.2.1 and 28.2.2;
28.3.1.2 in the case of Officers, for each of the Regional Transfer
Register areas listed at subclause 28.2.2; and
28.3.1.3 in the
case of Senior Officers, for each of the Regional Transfer Register areas
listed at subclause 28.2.2. Provided that there shall not be a Blue Mountains
Regional Transfer Register, a Maitland Transfer Register or a Northern Rivers
Regional Transfer Register for Senior Officers, and that
vacancies which occur within those areas shall be filled in accordance
with subclause 28.7.
28.3.2
28.3.2.1 Each
General Transfer Register shall detail each applicant’s employee service
number, their name (and in the case of Officer and Senior Officer transfer
registers only, their rank), the date of their original application for
transfer and, if applicable, the date their application for residential
priority status was accepted, the date they were elevated to that area’s
Residential Transfer Register and/or the date of their eventual transfer to the
area in question.
28.3.2.2 Each
Residential Transfer Register shall detail each applicant’s employee service
number, their name (and in the case of Officer and Senior Officer transfer
registers only, their rank), the date of their original application for
transfer, the date their application for residential priority status was
accepted, the date they were elevated to that area’s Residential Transfer
Register and, if applicable, the date of their eventual transfer to the area in
question.
28.3.3 The order of
placement of each employee upon each Transfer Register shall be determined:
28.3.3.1 in the
case of General Transfer Registers, by order of the date upon which the
employee made application for placement upon that Transfer Register. Where more
than one application for the same Transfer Register is submitted on the same
day, the Manager Operational Personnel shall determine the order of placement
of those multiple applicants by way of ballot; and
28.3.3.2 in the
case of Residential Transfer Registers, by order of the date upon which the
employee was elevated to that Residential Transfer Register. Subject to the
provisions of 28.4.3, 28.4.7.1 and 28.4.7.2, an employee’s elevation to a
Residential Transfer Register shall be subject to: firstly, the employee having
held a position on the relevant General Transfer Register for at least two
years; and secondly, the employee having been recognised as having met and
maintained residential priority status for that Transfer Register’s area for at
least two years.
28.3.4 Subject to the
arrangements applying to Leading Firefighters and
Leading Station Officers at subclauses 28.1.4 and 28.3.5, transfers shall be
offered to employees upon the occurrence of a vacancy in the following order:
28.3.4.1 Firstly,
by reference to the relevant Residential Transfer Register, with the first
offer to be made to the highest placed employee on that Register and, if
declined, to the next highest placed employee and so on until such time as the
vacancy is filled.
28.3.4.2 In the
event that no employee exists on the relevant Residential Transfer Register, or
that all employees on that Residential Transfer Register decline the offer of
transfer, the vacancy shall then be offered to all employees on the relevant General
Transfer Register, with the first offer to be made to the highest placed
employee on that Register and, if declined, to the next highest placed employee
and so on until such time as the vacancy is filled.
28.3.4.3 In the
event that no employee exists on the relevant General Transfer Register and/or
all employees on that General Transfer Register decline the offer of transfer,
the vacancy shall then be advertised for and open to all eligible employees.
28.3.5 An employee who
accepts an offer of transfer pursuant to subclause 28.3.4 shall be released
from their current position within twenty eight (28) days and transferred to
that Transfer Register area. Declining an offer of transfer shall result in an
employee’s removal from the relevant Transfer Register. Employees who are so
removed and who subsequently re-apply for placement on that Transfer Register
will be required pursuant to subclause 28.4.6 to seek and hold residential
priority for two years following their re-application in order to be elevated
to that Residential Transfer Register.
28.3.6 The Department
shall make available copies of all Transfer Registers to employees in the
manner agreed between the Department and the Union.
28.4 Residential
Priority
28.4.1 All employees
seeking residential priority for any Transfer Register area shall be required
to submit a report to the Manager Operational Personnel setting out the grounds
for their claim. Such employees shall be required to provide evidence of their
claim for primary residence prior to being placed on the Transfer Register with
Statutory Declarations, electoral enrolment forms, rates notices, bills and/or
such other documentation or evidence which it would be reasonable for the
Department to request of the employee in order to verify their claim. Vacant blocks of land, Post Office boxes,
investment properties, holiday homes or the addresses of relatives or friends,
when in fact the employee has primarily resided elsewhere, shall therefore be unacceptable.
This report may be either the same report as that of the employee’s original
application made pursuant to subclause 28.1.1, or a subsequent report which is
submitted due to an employee’s transfer or a change of primary residence.
28.4.2 An employee shall
not be entitled to recognition of residential priority on any Transfer Register
prior to the date of their report making application for that recognition
pursuant to subclause 28.4.1.
28.4.3 In order to
recognise an employee’s claim for residential priority for a particular Transfer
Register, the Manager Operational Personnel must first be satisfied that the
primary residence in question is located either:
28.4.3.1 within the Transfer Register area in question, or
28.4.3.2 in such a location that any permanently staffed fire station
within the Transfer Register area for which the applicant is claiming
residential priority is closer to their primary residence than any permanently
staffed fire station within the GSA or Transfer Register area, as the case may
be, to which the applicant is currently attached. For the purposes of this
subclause, distances shall be determined by drawing a straight line between
both locations and calculating that distance, i.e. in a straight line.
28.4.4 Employees holding
residential priority status on any Transfer Register will be removed from that
Transfer Register if they fail to submit a further report pursuant to subclause
28.4.1 within three months of their:
28.4.4.1 change in the location of their primary residence, even
where the change did not affect the employee's residential priority status; or
28.4.4.2 transfer from the GSA to a Country or Regional Transfer
Register area; or
28.4.4.3 transfer from one Country or Regional Transfer Register area
to another Country or Regional Transfer Register area.
28.4.5 The Manager
Operational Personnel shall acknowledge and review all reports submitted
pursuant to subclause 28.4.4. If an employee’s transfer or revised primary
residence location means that the employee no longer satisfies the residential
priority requirements of subclause 28.4.3, then the employee’s records upon the
relevant Transfer Register(s) shall be adjusted accordingly. It shall remain
the responsibility of employees to apply for any additional residential
priority status which may arise as a result of their transfer or revised
primary residence.
28.4.6 Subject to the
provisions of subclause 28.4.7, an employee who has held and continually
maintained residential priority status upon a General Transfer Register for two
years shall then be elevated to the relevant Residential Transfer Register in
accordance with subclause 28.3.3.2. Provided that employees who are elevated to
a Residential Transfer Register and who are later found to no longer meet the
criteria for residential priority shall be returned to and placed upon the
relevant General Transfer Register by order of the date of their original
application.
28.4.7 In the case of Senior Firefighters
who are progressed to Leading Firefighter:
28.4.7.1 if
stationed within a Regional Transfer Register area at the time of their
progression then such employees who make application pursuant to subclause 28.1
within three months of the date of their progression shall be placed on the
corresponding Residential Transfer Register for Officers as of the date of that
progression;
28.4.7.2 if
holding a position on a Regional area’s Residential Transfer Register for Firefighters at the time of their progression then such
employees shall be entitled within three months of the date of their
progression to submit a further report pursuant to subclause 28.1, following
which they shall also be placed on the corresponding Residential Transfer
Register for Officers as of the date of that progression;
28.4.7.3 if
holding a position on a Regional area’s General Transfer Register for Firefighters at the time of their progression, and holding
residential priority status for that area, then such employees shall be
entitled within three months of the date of their progression to submit a
further report pursuant to subclause 28.1, following which they shall also be
placed on the corresponding General Transfer Register for Officers as of the
date of that progression and recognised for the purposes of subclause 28.4.6
for that period of residential qualification already accrued.
28.4.7.4 if
holding a position on a Regional area’s General Transfer Register for Firefighters at the time of their progression, but without
holding residential priority status for that area, then such employees shall be
entitled within three months of the date of their progression to submit a
further report pursuant to subclause 28.1, following which they shall also be
placed on the corresponding General Transfer Register for Officers as of the
date of that progression.
28.4.8 In the case of Station
Officers who are progressed to Leading Station Officer:
28.4.8.1 if
stationed within a Regional Transfer Register area at the time of their
progression then subject to subclause 28.3.1.3, such employees who make
application pursuant to subclause 28.1 within three months of the date of their
progression shall be placed on the corresponding Residential Transfer Register
for Senior Officers as of the date of that progression;
28.4.8.2 if
holding a position on a Regional area’s Residential Transfer Register for
Officers at the time of their progression then subject to subclause 28.3.1.3,
such employees shall be entitled within three months of the date of their
progression to submit a further report pursuant to subclause 28.1, following
which they shall also be placed on the corresponding Residential Transfer
Register for Senior Officers as of the date of that progression;
28.4.8.3 if
holding a position on a Regional area’s General Transfer Register for Officers
at the time of their progression, and holding residential priority status for
that area, then subject to subclause 28.3.1.3, such employees shall be entitled
within three months of the date of their progression to submit a further report
pursuant to subclause 28.1, following which they shall also be placed on the
corresponding General Transfer Register for Senior Officers as of the date of
that progression and recognised for the purposes of subclause 28.4.6 for that
period of residential qualification already accrued;
28.4.8.4 if
holding a position on a Regional area’s General Transfer Register for Officers
at the time of their progression, but without holding residential priority
status for that area, then subject to subclause 28.3.1.3, such employees shall
be entitled within three months of the date of their progression to submit a
further report pursuant to subclause 28.1, following which they shall also be
placed on the corresponding General Transfer Register for Senior Officers as of
the date of that progression.
28.4.9 Employees who are
stationed within a Transfer Register area at the time of their appointment to
an Operational Support position and who make application pursuant to subclause
28.1 within three months of the date of their appointment shall be placed on
that area’s Residential Transfer Register as of the date of that appointment.
28.4.10 Subject
to subclauses 14.14.2, 14.15.2 and 28.7, employees who are promoted to either
Station Officer or Inspector and who are not stationed within the GSA at the
time of their promotion shall be transferred to and remain within the GSA until
such time as they are again transferred outside of the GSA in accordance with
the other provisions of this Clause.
28.5 Appeals
concerning Residential Priority
28.5.1 An employee
seeking to challenge either the Department’s determination of their residential
priority status, or the Department’s determination of
the residential priority status of another employee may appeal in the first
instance by way of report to the Assistant Director Operational Personnel. Such
reports shall provide all relevant details and may be supported by any
documentation or evidence which the employee considers relevant to their claim.
An anonymous appeal against an employee shall not be investigated.
28.5.2 Where an appeal
concerns the employee’s own residential status, the Assistant Director
Operational Personnel shall provide the employee with a written determination
of that appeal, setting out the reasons for same, within 14 days of receipt of
the employee’s report.
28.5.3 Where an appeal
concerns the residential status of another employee, the Assistant Director
Operational Personnel shall forward a copy of the said report to the employee
who is the subject of the challenge. The employee under challenge shall be
allowed no less than 28 days to reply by way of report to the Assistant
Director Operational Personnel who shall thereafter provide both employees with
a written determination of the appeal, setting out the reasons for same, within
14 days of receipt of the second employee’s report.
28.5.4 An employee may
appeal a determination of the Assistant Director Operational Personnel by way
of report to the Commissioner. The Commissioner shall consider all previous
reports and documentation relating to the matter, together with any additional
information which the employee or employees concerned may supply, following
which the Commissioner shall provide the employee or employees concerned with a
written and final determination of the matter.
28.6 Newcastle Communication Centre
28.6.1 Vacancies in the
Newcastle Communication Centre shall initially be advertised in Commissioner's
Orders and open to all eligible employees (Non-Officers or Officers, as the
case may be) who are stationed within the Newcastle Transfer Register area. Where
there are more applicants than positions available, merit selection shall
determine the successful applicant.
28.6.2 In the event that
no suitable applications are received at subclause 28.6.1, or that the merit
selection process finds those who did apply unsuitable, the vacancy shall then
be re-advertised in Commissioner's Orders and open to all eligible employees.
28.6.3 Successful
applicants will be required to successfully complete the required training, and
on appointment, to serve in the Newcastle Communication Centre for a minimum
period of three years. Provided that if the transfer is made in accordance with
subclause 28.6.2 then:
28.6.3.1 an employee who accepts an offer of transfer in the interim
will be released pursuant to subclause 28.3.5; and
28.6.3.2 any subsequent transfer from the Newcastle Communication
Centre will be to the GSA unless provided otherwise by this Clause.
28.7 Country Officers, Country Senior Officers
and Operational Support Staff
28.7.1 Vacancies which
occur amongst any of the positions listed at subclauses 28.7.2, 28.7.3 and
28.7.4 shall be advertised though Commissioner’s Orders and filled by merit
selection.
28.7.2 Country Officers
28.7.2.1 Country
Officers, being all Station Officer positions located
in areas outside of the GSA and the Regional areas listed at subclause 28.2.2,
for which Leading Station Officers, Station Officers and Leading Firefighters shall be eligible to apply.
28.7.2.2 In the
event that no employees apply for a Country Officer position at subclause
28.7.2.1, or that the merit selection process finds those who did apply
unsuitable for the Country Officer position in question, the vacancy shall be
readvertised through Commissioner's Orders and filled by merit selection from
all Senior Firefighters with at least 36 months
service with Fire and Rescue NSW as a Senior Firefighter
as of the closing date for applications.
28.7.2.3 A Senior
Firefighter who successfully applies for a Country
Officer vacancy pursuant to subclause 28.7.2.2 shall be required to
satisfactorily complete the Leading Firefighter
Program prior to their transfer to the station/location and performance of the
duties of the vacant Country Officer position pursuant to subclause 7.5.2,
provided that a Senior Firefighter who successfully
applies for a Country Officer vacancy pursuant to subclause 28.7.2.2 and who
then satisfactorily completes the Leading Firefighter
Program shall not be progressed to Leading Firefighter
and/or promoted to Station Officer until they also satisfactorily complete the
Station Officer Program.
28.7.3 Country Senior
Officers
28.7.3.1 Country
Senior Officers, being all Inspector positions located outside the GSA and the
Newcastle, Central Coast and Illawarra Transfer Register areas, for which
Inspectors and Leading Station Officers shall be eligible to apply.
28.7.3.2 In the
event that no Inspectors or Leading Station Officers apply for a Country Senior
Officer position at subclause 28.7.3.1, or that the merit selection process
finds those who did apply unsuitable for the Country Senior Officer position in
question, the vacancy shall be readvertised through Commissioner's Orders and
filled by merit selection from all Station Officers with at least 24 months
service with Fire and Rescue NSW as a Station Officer as of the closing date
for applications.
28.7.3.3 A
Station Officer who successfully applies for a Country Senior Officer vacancy
pursuant to subclause 28.7.3.2 shall be required to satisfactorily complete the
Leading Station Officer Program prior to their transfer to the station/location
and performance of the duties of the vacant Country Senior Officer position
pursuant to subclause 7.5.3, provided that a Station Officer who successfully
applies for a Country Senior Officer vacancy pursuant to subclause 28.7.3.2 and
who then satisfactorily completes the Leading Station Officer Program shall not
be progressed to Leading Station Officer and/or promoted to Inspector until
they also satisfactorily complete the Inspector Program.
28.7.4 Operational Support
staff
28.7.4.1 Operational
Support staff, being all positions defined as such by Clause 14 of this Award.
28.7.4.2 In the
event that no Inspectors or Leading Station Officers apply for an Operational
Support Inspector position, or that the merit selection process finds those who
did apply unsuitable for the Operational Support Inspector position in
question, the vacancy shall be readvertised through Commissioner's Orders and
filled by merit selection from Station Officers with at least 24 months service
with Fire and Rescue NSW as a Station Officer as of the closing date for
applications.
28.7.4.3 A
Station Officer who successfully applies for an Operational Support Inspector
vacancy pursuant to subclause 28.7.4.2 shall be required to satisfactorily
complete the Leading Station Officer Program prior to their transfer to and
performance of the duties of the vacant Operational Support Inspector position
pursuant to subclause 7.5.4, provided that a Station Officer who successfully
applies for an Operational Support Inspector vacancy pursuant to subclause
28.7.4.2 and who then satisfactorily completes the Leading Station Officer
Program shall not be progressed to Leading Station Officer and/or promoted to
Inspector until they also satisfactorily complete the Inspector Program.
29. Transferred
Employee's Compensation
29.1 When an employee
has been given notice of transfer to work in a new location and the
Commissioner requires that the employee move to new accommodation, and the
transfer is not subject to the exceptions set out below, the employee shall be
eligible for leave or credit of leave, reimbursement of costs, and to be paid
allowances set out herein.
29.2 Exceptions
29.2.1 Unless special and
exceptional circumstances exist, the exceptions exclude from the benefit of
this clause employees who are transferred:
at their own request;
under an arrangement between
employees to exchange positions;
on account of the employee's
breach of discipline;
from one station/location within the Metropolitan
Area to another station/location within the Metropolitan Area, or within the
same Zone.
29.2.2 For purposes of
this clause, Metropolitan Area means and includes the Sydney Region as defined
by the Department of Planning but also including the area referred to as the
Central Coast on the Northern Line as far as Gosford, the area on the Western
Line as far as Mt. Victoria and on the Illawarra Line as far as Wollongong.
29.2.3 Employees who are
transferred as a result of inclusion in a transfer list established in
accordance with Clause 28 of this Award shall, for the purposes of this Clause,
be deemed to have been transferred "at their own request" and shall
not be eligible for the entitlements set out in this Clause.
29.2.4 Notwithstanding
the provisions of subclause 29.2.1, employees who are transferred by way of a
merit selection process, including employees promoted to a rank that
necessitates a transfer, shall attract the relevant entitlements of this
Clause.
29.2.5 Notwithstanding
the provisions of subclause 29.2.1, employees who received compensation for
transferring to a particular station/location shall, after a period of not less
than 2 years service at that location, be entitled to
the provisions of this Clause upon transfer to the GSA.
29.3 This clause does
not alter the transfer procedures, as at the date of making of this Award, set
out in Standing Orders. Any variation to those procedures shall be by agreement
between the Department
and Union.
29.4 Leave
When an employee has been given notice of transfer and
is required to move to new accommodation the employee shall be eligible for
leave and/or to apply for payment at the ordinary rate of pay in lieu of the
granting of leave or the Commissioner may credit such leave as consolidated
leave as follows to a maximum of:
29.4.1 Sixteen (16)
working hours to visit the new location with a view to obtaining accommodation,
29.4.2 Sixteen (16)
working hours to prepare and pack personal and household effects prior to
removal or for the purpose of arranging storage,
29.4.3 Such leave as is
necessary to travel to the new location for the purposes of obtaining suitable
accommodation and/or to commence duty,
29.4.4 Eight (8) hours
for the combined purpose of cleaning the premises being vacated and/or occupying
and settling into the new premises.
Where an employee is eligible for, and takes leave, for
part of a shift the Commissioner may direct the employee to take consolidated
leave to credit for the remainder of the shift and if the employee does not have
sufficient leave to credit, the shortfall may be taken as an advance against
consolidated leave that may accrue or as leave without pay.
29.4.5 Provided suitable
arrangements can be made for a performance of duties, an employee working a
special roster who has been unable to secure accommodation for the family at
the new location is entitled to sufficient special leave to permit a return
home on weekends once each month to spend two consecutive days and nights with
the family, together with an additional day and night in respect of each public
holiday occurring in conjunction with the weekend and on which the employee
would not normally be rostered for duty. This leave is limited to the time
necessarily required in travelling on the day preceding and the day following
such weekend.
29.4.6 Where a
transferred employee working a special roster is located in a district where a
return home once each month is not possible, such employee, after four weeks at
the new location, will be entitled to sufficient leave to allow the transferred
employee two consecutive days and nights at a weekend with the family.
Following that four weeks, the employee will be allowed to accumulate special
leave at the rate of sixteen (16) working hours per month until sufficient leave
is available to allow the return home at a weekend for a similar period.
29.4.7 Special Roster is
the roster specified at subclause 8.6 of this Award.
29.5 Cost of Temporary
Accommodation
For the purposes of this subclause, temporary
accommodation does not include a house or a flat, whether owned by the
Government or privately owned, but relates to what is commonly termed board and
lodging.
29.5.1 Transferred
employees maintaining dependant relatives at home who are required to vacate
the existing residence prior to departure for the new location and/or who find
it necessary to secure board and lodging for themselves and dependant relatives
at the new location pending permanent accommodation (a residence) becoming
available shall be allowed up to the amount set at Item 12 of Table 4 of Part
C, per week calculated as the actual cost of the temporary accommodation less
an excess contribution calculated as per the following table:
Salary of Officer
and Spouse
|
Per Week
|
Each dependent
child aged 6 years and over
|
Rate of Pay
|
|
(maximum
contribution of $54 per week)
|
|
|
Per Week
|
$453.62
|
$164
|
$11
|
29.5.2 Where a
transferred employee maintaining dependant relatives moves to the new location
ahead of dependants, and permanent accommodation is not available, necessary
board and lodging expenses in excess of the amount set at Item 13 of Table 4 of
Part C, per week to a maximum allowance of the amount set at Item 12 of Table 4
of Part C, per week shall be payable.
29.5.3 Where a
transferred employee not maintaining dependant relatives in the home is unable
to secure permanent accommodation at the new location, the employee is to be
paid an allowance of up to 50% of the total cost of board and lodging for a
maximum period of four (4) weeks subject to a maximum the amount set at Item 12
of Table 4 of Part C, per week. Where the period of four (4) weeks is not
sufficient for the employee to find suitable permanent accommodation, full
particulars should be provided to allow the DPE to consider the extension of
this provision.
29.5.4 An employee
receiving an allowance for temporary accommodation as set out above is entitled
to a laundry (not dry cleaning) allowance as set out at:
29.5.4.1 Item 14
of Table 4 of Part C, per week if the employee only is in temporary accommodation;
29.5.4.2 Actual
expenses to a maximum as set at Item 15 of Table 4 of Part C, per week if the
employee and dependants are in temporary accommodation.
29.5.5 Where an employee,
together with dependants are in temporary accommodation the allowances may be
paid until either
29.5.5.1 a suitable residence becomes available; or
29.5.5.2 up to twenty six (26) weeks if the transfer is to the
country; or
29.5.5.3 up to
thirteen (13) weeks if the transfer is to the Sydney Metropolitan Area,
whichever is the sooner. The payment
of allowances in all cases is subject to:
29.5.5.4 the production of receipts;
29.5.5.5 a written undertaking that any reasonable offer of
accommodation will be accepted;
29.5.5.6 evidence that the employee is taking all reasonable steps to
secure a residence.
When the Commissioner considers that a transferred
employee has refused to accept reasonable accommodation and as a result the
payment of an allowance has been discontinued, the matter may be referred by
the employee or the Union to a Committee comprising two representatives of the
Union and two representatives of the DPE. If no mutual decision is arrived at
by the Committee the matter may be referred to the Industrial Relations
Commission of NSW.
29.5.6 Extension of assistance
beyond the twenty six (26)/thirteen (13) week period may be approved only if
the application for assistance is supported by acceptable evidence of
unsuccessful attempts to obtain accommodation which constitutes reasonably
suitable accommodation.
29.6 Removal Costs
29.6.1 A transferred
employee is entitled to reimbursement for the costs actually and necessarily
incurred in removing personal and household effects to the new location.
Provided that the journey is travelled by the shortest practicable route and
completed within a reasonable time, these costs will include the actual and
reasonable expenses incurred by the employee and dependants for meals and
accommodation during the course of the journey.
29.6.2 Removal expenses
allowed under this clause includes the costs of
insuring furniture and effects whilst in transit up to an amount set at Item 16
of Table 4 of Part C. Where the insured value exceeds amount, the case should
be referred to the DPE for consideration. They should be provided with an
inventory of items to be transferred together with a declaration that all items
included in that policy are being removed or stored, or, a certificate of
valuation from a registered valuer certifying the
value of furniture and effects being removed or stored.
Where, due to circumstances beyond the control of the
transferred employee, the furniture and effects of the employee arrive late at
the new location or are moved before the employee's departure from the previous
location, reimbursement of expenses for meals and accommodation properly and
reasonably incurred by the employee and any dependants shall be paid.
29.6.3
29.6.3.1 A
transferred employee shall be entitled to compensation for the accelerated
depreciation of personal and/or household effects removed to a new location.
29.6.3.2 This
entitlement is the amount set at Item 17 of Table 4 of Part C, where the
Commissioner is satisfied that the employee has removed a substantial portion
of what is normal household furniture, furnishing and fittings of not less
value than the amount set at Item 18 of Table 4 of Part C. If the value is less
than this amount, a pro rata amount is payable.
29.6.4 Where a
transferred employee is required to remove the employee's furniture from
temporary accommodation the employee is entitled to be reimbursed removal costs
and the compensation for depreciation and disturbance in respect of each such
move, notwithstanding that the employee may not be changing the location of
work.
29.6.5 When an employee
uses a private vehicle for the purposes of official business and finds it
necessary to transport another private vehicle, normally used by a dependant
relative maintained in the household, the cost of transporting or driving that
second vehicle to the employee's new location shall be part of the removal
costs and the employee may be paid either the cost of transportation by road or
rail or, if the vehicle is driven to the new location, a car allowance at the
specified journey rate set at Item 1 of Table 4 of Part C.
29.6.6 The reimbursement
for the costs actually and necessarily incurred in removing personal and
household effects to the new location shall be the equivalent to the lowest of
three competitive quotes where practicable.
29.6.7 An advance to
cover the whole or part of removal expenses allowed under this subclause is
available. The amount of the advance is to be adjusted by the employee within
one month of the expenditure being incurred.
29.7 Storage of
Furniture
Where an employee is unable to secure suitable accommodation
at the new location and is required to store the furniture while waiting to
secure a residence, the cost of storage and cartage to the store, and from the
store to the new residence shall be reimbursed. The employee shall also be
reimbursed the cost of insurance for furniture and effects while in storage on
the same basis as for insuring whilst in transit.
The maximum period of storage under this Clause is
twenty six (26) weeks in the country and thirteen (13) weeks in the
Metropolitan Area.
29.8 Costs of Personal
Transport
29.8.1 The transferred
employee and one member of the household, when proceeding on leave for the
purpose of visiting the new location with a view to obtaining suitable
accommodation, shall be entitled to the option of return rail fares, or if a
first class rail service is reasonably available, first-class return rail
fares, or reimbursement at the specified journey rate as set at Item 1 of Table
4 of Part C, for the use of a private vehicle up to the cost of rail fares.
29.8.2 The transferred
employee and all members of the household, when travelling to the new location
for the purpose of commencing duty, shall be entitled to rail fares or
reimbursement for the use of the private vehicle, as set out in subclause
29.8.1, provided that, where the members of the employee's household do not
travel on the same occasion as the employee, the entitlement for their personal
transport shall be deferred until such time as travel to take up residence at
the employee's new location occurs.
29.8.3 A transferred
employee working the special roster specified at subclause 8.6, who has been
unable to secure accommodation for the family at the new location, who is
entitled to special leave to permit a return home at weekends, shall be entitled
to the option of rail fares or reimbursement for the use of a private vehicle
as set out in subclause 29.8.1 when proceeding on leave.
29.8.4 Car allowance in
respect of travel by the employee involved in taking up duty at the new
location shall be at the official business rate as set at Item 11 of Table 4 of
Part C.
29.8.5 When an overall
saving to the Department would eventuate, an employee and one member of the
household, when proceeding to visit the new location with a view to obtaining
suitable accommodation, shall be entitled to economy class air fares in lieu of
rail fares or reimbursement of the use of a private motor vehicle.
29.8.6 When an employee
travels to the new location with a view to obtaining suitable accommodation and
incurs expenses in relation to overnight accommodation, the employee shall be
reimbursed the reasonable and actual cost of accommodation and meals for self
and a member of the household provided the amount to be reimbursed does not
exceed sustenance allowances allowed under Clause 26, Travelling Compensation.
29.9 Education of
Children
29.9.1 A transferred
employee who has dependant children will be entitled
to the cost of essential school clothing that is required to be replaced or
purchased as a direct result of the employee's transfer to a new location
requiring the changing of schools. No provision is made for reimbursement of
additional school fees, text books or other similar items. The basic list of
school clothing is as follows:
Basic Items
|
Male winter uniforms
|
Summer uniforms
|
1 Suit coat
|
3 shirts
|
2 pairs of winter trousers
|
3 pairs of trousers (short)
|
1 tie
|
3 pairs of long socks
|
3 shirts
|
|
1 jumper/cardigan
|
|
3 pairs of socks
|
|
1 pair of shoes
|
|
1 track suit/sports uniform
|
|
(but not both)
|
|
1 pair of sandshoes
|
|
Female winter uniforms
|
Summer uniforms
|
1 hat
|
3 blouses
|
2 tunics
|
2 tunics
|
1 blazer
|
3 pairs stockings/socks
|
3 blouses
|
|
1 tie
|
|
3 pairs stockings/socks
|
|
1 pair of gloves
|
|
1 pair of shoes
|
|
1 track suit/sports uniform
|
|
(but not both)
|
|
1 pair of sandshoes
|
|
1 jumper/cardigan
|
|
When an item of clothing required at the new school is
not included in the basic list the DPE will consider reimbursing the cost of
same but will require full particulars and circumstances surrounding the
requirement to purchase.
29.9.2 In respect of dependant children undergoing secondary education in Year
12 at a school in the employee's old location, where the elected subjects are
not available at a school in the employee's new location, the cost of board and
lodging for these children may be reimbursed to the transferred employee. In
such case the employee, on production of receipts for payment and a certificate
from the Department of School Education that the elected subjects are not
available at the school at the employee's new location, shall be granted the
allowance. In these cases the parent/guardian will be required to pay the first
amount as set at Item 19 of Table 4 of Part C, of the board and lodging
expenses and the Department will reimburse further costs up to a maximum of the
amount as set at Item 20 of Table 4 of Part C, per week for each child.
29.10 Conveyancing and Other Costs
A transferred employee who, as a consequence of the
transfer to a new location, sells a residence at the former location and buys a
residence or land upon which to erect a residence at the new location shall be
entitled to reimbursement of expenses incurred in such transactions subject to
the following:
29.10.1 Where a
solicitor or a registered conveyancing company has
been engaged to act on behalf of the employee in those transactions, the
professional costs and disbursements by the solicitor or a registered conveyancing company in respect of such transactions.
29.10.2 Where
an employee is entitled to reimbursement, the following expenses shall be
covered:
29.10.2.1 Stamp
Duty;
29.10.2.2 Where the
employee has engaged a Real Estate Agent to sell the residence at the former
location, the commission due to the Estate Agent.
29.10.3 Reimbursement
of expenses shall be made where the sale of the employee's former residence and
the purchase of either a residence or land is effected
within a period commencing not earlier than six (6) months prior to the
employee's transfer and ending not more than four (4) years after such
transfer. The Department will be prepared to consider individual cases where
the four (4) year period has been exceeded but will require full details of why
sale and/or purchase of the transferred employee's residence could not be
completed in the four (4) year period.
29.10.4 Where a
transferred employee owns a residence at a former location and has taken up
rented accommodation on transfer, the employee shall be regarded as covered by
these provisions relating to the reimbursement of conveyancing
and incidental costs on the current transfer or on a subsequent transfer
provided the period of not more than four (4) years has elapsed since the
employee's immediately preceding transfer.
29.10.5 Where
it is not practicable for the transferred employee to purchase residence in the
new location and such employee has disposed of the former residence, such
employee is not to be excluded from the benefit of this clause when
subsequently purchasing a residence in the new location on a current or
subsequent transfer within the four (4) year period.
29.10.6 There
is an upper ceiling, as set at Item 21 of Table 4 of Part C, on prices of the
properties involved in either the sale or the purchase. This limit applies
where employees are relocated from a Metropolitan Area to the country irrespective
of the size, the value and the commerciality of the property being purchased
provided transferred employees are not entitled to the reimbursement of costs
involved in transactions where the sale or purchase of a large rural property
or commercial premises might be involved.
29.10.7 Where a
transferred employee dies before completion of either or both the sale or
purchase transactions, the expenses incurred in such transactions, up to and
including the finalisation of such transactions shall be payable by the
Department and the family of the deceased employee is not required to reimburse
the Department such expenses.
29.11 Stamp Duty and
Other Charges
A transferred employee, who, as a consequence of the
transfer, sells a residence at the former location and buys a residence or land
upon which to erect a residence at the new location is
entitled to be reimbursed:
29.11.1 Stamp
Duty in respect of the purchase of the residence or the land and the house
erected thereon at the new location;
29.11.2 Stamp
Duty paid in respect of any mortgage entered into or the discharge of a
mortgage in connection with the sale or purchase;
29.11.3 Registration
fees on transfers and mortgages on the residence or the land and the house
erected on the land on the following basis -
29.11.3.1 where the purchase is completed and the employee enters into
occupation of the residence within 15 months of transfer, the reimbursement of
Stamp Duty in full;
29.11.3.2 where the
occupation of the residence purchased or erected is not completed within
fifteen (15) months but is completed within four years of transfer,
reimbursement of Stamp Duty is not to exceed the amount which would have been
payable had the sale and purchase prices of the properties been the amount set
at Item 21 of Table 4 of Part C, in each case.
29.11.4 A transferred employee who, as a
consequence of the transfer to a new location, does not sell a residence at the
former location but buys a residence or land upon which to erect a residence at
a new location, is entitled to be reimbursed:
29.11.4.1 Stamp
Duty in respect of the purchase of the residence or the land and a house
erected on that land;
29.11.4.2 Stamp
Duty paid on any mortgage entered into in connection with the purchase; and
29.11.4.3 Registration
fees on transfer and mortgages on the residence or the land and a house erected
on the land,
provided the employee enters
into occupation of the residence within fifteen (15) months of transfer to the
new location.
29.12 Incidental Costs
29.12.1 A transferred employee who is entitled to
the reimbursement of conveyancing and other costs for
a purchase at the new location prior to the sale of the former residence is
entitled to the reimbursement of any Council or any other Local Government
rates levied in respect of the former residence while such former residence
remains untenanted provided the employee can furnish acceptable evidence that
reasonable efforts are being made to sell the former residence at a fair market
price.
29.12.2 A transferred employee will be entitled to
reimbursement of non-refundable costs in respect of the connection of gas and
electricity supplies and of telephone installation at the new residence
provided that:
29.12.2.1 the connection of gas and electricity supplies were available
to the land at the time of purchase and/or
29.12.2.2 the cost of the telephone installation is to be reimbursed
only where a telephone was installed at the former residence.
29.12.3 A transferred employee entitled to the
reimbursement of conveyancing and other costs is
entitled to reimbursement of the cost of survey certificates, pest certificates
and/or Building Society registration fees reasonably incurred in seeking
financial accommodation to purchase the new residence or the land upon which to
erect a new residence and the fees associated with discharging the mortgage on
the former residence.
29.12.4 A transferred employee shall be entitled to
reimbursement for the fees charged by Australia Post for re-direction of mail
for the first month following vacation of the former residence.
29.13 Relocation on
Retirement
29.13.1 Upon retirement at a place other than the
place of original recruitment to the Department, an employee is entitled to be
reimbursed the costs actually and necessarily incurred in removing personal
household effects to a location of the employee's choice together with the cost
of insuring the same against damage in transit provided -
29.13.1.1 the maximum amount of such reimbursement shall be limited to
that payable had the employee moved to the place of original recruitment; and
29.13.1.2 the employee's relocation is effected within twelve (12)
months following retirement.
29.13.2 The above provision shall apply to any
claims made by the widow or widower within a period of twelve (12) months of
the transferred employee's death. In
such cases the Commissioner will also be prepared to consider claims made by
children or dependent relatives of the deceased in similar circumstances but
will require full particulars as to the reasons.
29.14 Additional
Provisions
29.14.1 Nothing contained in the provisions of this
clause pertaining to leave shall deprive the employee of compensation for time
spent in travelling.
29.14.2 Where the spouse of a transferred employee
is also employed in the NSW Public Service and is also transferred, the
assistance payable under this clause or under the Crown Employee's general
provisions is to be paid to one partner only. This does not operate to restrict
the leave entitlement of the transferred employee.
29.14.3 An employee whose appointment to a position
may be subject to appeals action shall not move to the new location until the
period during which appeals may be lodged has expired or all appeals action has
been finalised. An employee may be directed to take up duty in the new location
before appeals action is finalised but will be entitled to the leave provisions
set out in this clause, in which case the following will apply:
29.14.3.1 Where the
employee has dependants they may claim sustenance allowance under Clause 26,
Travelling Compensation, until appeals action has been finalised;
29.14.3.2 Employees
with dependants have a further period of up to twenty one (21) days immediately
after all appeals action has been finalised to find suitable accommodation
before such travelling compensation entitlements cease. Such period may be
extended by the Commissioner if the Commissioner is satisfied that twenty one
(21) days is insufficient time to find such accommodation.
29.14.3.3 The
Commissioner shall not approve the movement of the employee's dependants or
furniture and effects before all appeals action has been finalised unless
exceptional or particularly difficult circumstances exist.
29.14.3.4 Employees
without dependants may be given assistance with temporary accommodation pending
the completion of any appeals action but are not to move their furniture and
effects until appeals action has been finalised.
29.15 Adjustment of
Entitlements
29.15.1 The entitlements provided by this clause,
shall be adjusted in line with, and from the same effective dates, as the
corresponding entitlements prescribed in the Crown Employees (Transferred
Officers' Compensation) Award.
30. Rental of Premises
30.1 For the purpose
of this clause only:
30.1.1 "accommodation" means quarters or premises, including a
fire station, owned or leased by the Department.
30.1.2 "employee" means a Station Officer or an Inspector.
30.1.3 "market rental" means the market rental of the property
as determined by the Commissioner in accordance with the Guidelines issued by
the DPE.
30.2 Except as
provided for in subclauses 30.3, 30.4 and 30.5, where an employee is required
to and does occupy accommodation, the Department shall deduct from the rate of
pay of the employee concerned an amount per week equal to 4% of the employee’s
“Per Week” rate of pay as prescribed in Tables 1 and 2, Rates of Pay, or 50% of
the market rental of the accommodation, whichever is the lesser.
30.3 Where an employee
was, on 19 August 1994, entitled to and occupying subsidised accommodation:
30.3.1 Such employee,
subject to subclause 30.3.2, shall continue to pay the amount set at Item 19 of
Table 3 of Part C (as adjusted from time to time in accordance with 30.4) per
week unless the employee subsequently elects to move from that accommodation to
different accommodation. If such an employee so elects, then the Department
shall deduct from the rate of pay of the employee concerned an amount per week
as prescribed in sub-clause 30.2.
30.3.2 And has exercised,
or who has, a right of return transfer pursuant to Clause 30 (i) of the Fire Brigade Employees' (State) Award as
published in NSW Industrial Gazette Volume 263 of 1991, such employee shall
retain the right of return transfer. Provided that the
continued entitlement to subsidised accommodation shall expire after a period
of 2.5 years from the date of return transfer.
30.3.3 And is transferred
by the Department from one country location to another country location, such
employee shall retain the benefits of the provisions of sub-clause 30.3 as if
the employee had not been so transferred.
30.4 The amount set at
Item 19 of Table 3 of Part C, shall be increased from the same date and by the
same percentage of any increase to the rate of pay prescribed for a Station
Officer. All such increases shall be rounded off to the nearest 10 cents.
30.5 Employees who
have entered into, or subsequently entered into, private tenancy arrangements
with the Department
are not entitled to the provisions of this clause.
Executive Officers
30.6 Except as
provided for in subclause 30.8, where an Executive Officer is required to and
does occupy accommodation, the Department shall deduct from the rate of pay of
the Executive Officer an amount per week equal to 4% of the weekly equivalent
of the Executive Officer’s annual salary as prescribed in Table 1 of Part C or
50% of the market rental of the accommodation, whichever is the lesser.
30.7 The weekly
equivalent referred to in subclause 30.6 shall be derived by multiplying the
annual salary by 7 and dividing the result by 365.25.
30.8 An Executive Officer who has entered into,
or subsequently enters into private tenancy arrangements with the Department is
not entitled to the provisions of this clause.
31. Protective
Clothing and Uniforms
31.1 The Department
shall supply to all employees appropriate protective clothing for operational
duties which shall meet relevant national and/or international Standards or as
otherwise agreed to with the Union.
31.2 Employees
supplied with the above clothing shall wear it in accordance with Departmental
instructions.
31.3 The provision of
wet weather gear shall be in accordance with existing practice, or as otherwise
agreed between the parties.
32. Clothes Drying
Facility
32.1 A drying closet
for artificially drying clothing shall be provided by the Department at all
fire stations to which employees are attached.
33. Cleaning of
Clothes
33.1 For the purposes
of this clause:
33.1.1 "Personal
Protective Equipment" means external clothing designed for personal
protection at an incident.
33.1.2 "Duty
wear" means duty wear trousers and duty wear shirt.
33.1.3 "Dress
uniform" is limited to Dress Trousers, Slacks, Culottes, Skirts, Galatea
and Pullover.
33.2 Where any
Personal Protective Equipment or Duty wear is supplied by the Department
and is required to be worn by its employees, and such Personal Protective
Equipment or Duty wear becomes soiled or damaged in the execution of duty as to
require cleaning or repairs, such cleaning or repairs shall be done at the
expense of the Department. Provided that the above Dress Uniform items shall
also be cleaned or repaired at the expense of the Department.
34. Safety Belts
34.1 Safety belts
shall be fitted to all seats on all vehicles operated by the Department which
employees are called upon to drive or to ride upon on a public road. Employees
are required to wear safety belts at all times while driving or a passenger in
a vehicle operated by the Department.
35. Disputes Avoidance Procedures
35.1 Subject to the provisions of the Industrial
Relations Act 1996, and Clause 36.2, and to enable claims, issues and
disputes to be resolved while work proceeds normally,
the following procedures are to apply.
35.2 Employee(s) and/or Union representatives
will place the matter before the immediate supervisor. The immediate supervisor
will take all reasonable steps to reply to the employee(s) and/or Union
representatives as soon as possible, and will at least provide a progress
report before the close of ordinary business on the next working day.
35.3 Failing agreement, employee(s) and/or Union
representatives will place the claim, issue or dispute before the next higher
officer in charge of the relevant zone or region. That officer will take all reasonable
steps to reply to the employee(s) and/or Union representatives as soon as
possible, and will at least provide a progress report before the close of
ordinary business on the next working day.
35.4 Failing agreement, employee(s) and/or Union
representatives will place the claim, issue or dispute before the Director
Human Resources. The Director Human Resources will take all reasonable steps to
reply to the employee(s) and/or Union representatives as soon as possible, and
will at least provide a progress report before the close of ordinary business
on the next working day.
35.5 Failing agreement, employee(s) and/or Union
representatives will place the claim, issue or dispute before the Commissioner.
The claim, issue or dispute and all relevant circumstances relating to it will
be fully reviewed by the Commissioner and the Union and all reasonable steps
shall be taken in an attempt to resolve the matter.
35.6 No action is to be taken by the Union which
would affect the Department's operations whilst a dispute is under
investigation.
35.7 Failing agreement the claim, issue or
dispute may be referred to the appropriate Industrial Tribunal.
36. Organisational
Change under Subclause 36.2
36.1. This clause
recognises the capacity of the Commissioner to make decisions to effect change
within the Department
36.2.
36.2.1 This clause
applies to consultation and decisions regarding clauses 4 (Definitions), clause
8 (Hours of Work), clause 13 (Progression and Promotion Provisions), clause 19
(Examination and Assessment Leave) and clause 39 (Drug and Alcohol Protocol),
to the exclusion of the procedures under clause 35.
36.2.2 This clause also applies in
circumstances where the Commissioner decides to amend, revoke or replace the
Department’s guidelines, policies and/or procedures for the management of
employees’ conduct or performance.
36.3 Prior to making
any decision to effect change in the circumstances prescribed by subclause
36.2, the Commissioner must consult with the Union.
36.4 Consultation will
commence with a written notification to the Union regarding the proposed
change(s). Thereafter there will be a reasonable opportunity for the Union to
present its views in relation to the proposed changes.
36.5 If, during the
consultation process, there is a reasonable basis for the Commissioner to
conclude that the consultation process has been exhausted, the Commissioner
shall advise the Union accordingly and the following procedures shall then
operate.
36.6. The Commissioner will notify the Union
and the workforce affected by the proposed change of his/her decision in
relation to the subject of the proposed change as well as the process and
timetable for its implementation.
36.7 If the matter
remains in dispute and is referred by the Union to the Industrial Relations
Commission within 7 days of the notification of the decision under clause 36.6,
there will be no implementation of the change until the Industrial Relations
Commission determines the matter or orders otherwise.
36.8 The Union and the
Commissioner shall be bound by any order or determination of the Industrial
Relations Commission in relation to the dispute.
36.9 If Industrial
action is engaged in at any stage in the operation of the process under this
clause, then the prohibition on implementation under clause 36.7 ceases to
operate.
36.10 The operation of
this clause shall be reviewed at the end of one year from the date of its
commencement, for the purpose of considering whether any amendments are
appropriate.
37. Acknowledgment of
Applications and Reports
37.1 When an employee
makes an application or a report in writing, to the proper officer, the
employee shall be sent a memorandum or email acknowledging its receipt and
noting the matter contained therein.
37.2 The result of an
application shall be communicated to the employee no later than fourteen days
after a decision has been reached. In cases where no decision has been reached
within one month the reason for the delay shall be communicated in writing, by
memorandum or email, to the employee.
37.3 The provisions of
this clause shall not apply in cases where other procedures are specifically
stipulated (eg, in Standing Orders or Commissioner's
Orders).
38. Procedures
Regarding Reports and Charges
38.1 When an employee
is summoned to appear before the employee's Senior Officer or before the Department on a
charge, appeal or formal inquiry, the employee shall be given particulars in
writing of the charge or allegation, if any, against the employee, at least
forty‑eight hours before the hearing of the charge or appeal or the
opening of the said inquiry. The employee shall be allowed access personally or
by a representative duly authorised in writing by the employee, to all or any
of the official papers, correspondence or reports of the Department relating to
the charge, appeal or subject of the said
inquiry.
38.2 The employee also
shall be allowed to give and to call evidence on the employee's own behalf and
to hear all evidence given.
38.3 If an employee so
requests the employee may be represented by an officer of the Union before the
employee's Senior Officer or the Department on all such occasions.
38.4
38.4.1 No report about an
employee shall be placed on the records or papers relating to that employee
unless the employee concerned has been shown the said report.
38.4.2 If the employee
disagrees with the report, the employee shall be entitled to make such a
notation on the report.
38.4.3 Evidence that the
employee has been shown the report will be by either the employee's signature
thereon, or in accordance with subclause 38.4.4.
38.4.4 Where an employee
refuses to sign the report, such refusal shall immediately be noted upon the
report by the Senior Officer handling the report, in such cases, the Senior
Officer will advise the employee that the refusal to sign will be noted on the
report and that the report, together with such notation, will be placed on the
records or papers relating to that employee.
38.4.5 Further to
subclause 38.4.4, in such circumstances, the Department will notify the Union,
in writing, within seven days of such refusal and the Union shall be given an
opportunity of replying to the report.
38.4.6 If the employee so
desires, any written response from either the employee or the Union shall also
be placed amongst the records or papers relating to the employee or noted
thereon.
38.5 Where the
Department has, for its own purposes, arranged for a transcript to be taken of
proceedings on a charge appeal or formal inquiry, a copy of such transcript
shall be supplied, free of cost, to the employee concerned if, during the
hearing or at the termination of the proceedings, a request therefore, in
writing, is made by the employee.
38.6 After the Senior
Officer has announced the recommendation or when the Department has made its
decision as the result of a charge or an appeal, the employee concerned shall
be informed thereof, in writing, within seven days after such announcement or
decision has been made or has been given, as the case may be.
38.7 For the purposes
of this clause "Senior Officer" means the employee’s Senior Officer
or an Officer of a higher rank.
39. Alcohol and Other Drugs
39.1 The joint
Protocol on Drug and Alcohol Safety and Rehabilitation in the Workplace, signed
by the Department and the Union on 18 March 1998, shall apply to all employees
covered by this Award until 4 September 2013, when it will be replaced by the
FRNSW Alcohol and Other Drugs Policy and associated FRNSW Alcohol and Other
Drugs Testing Procedures which shall thereafter then apply to all employees
covered by this Award.
39.2 The Department
may develop a new Protocol, or revised Policy or Procedures following
consultation between the Department and the Union.
40. Salary Packaging
Arrangements, Including Salary Sacrifice to Superannuation
40.1 The entitlement to salary package in
accordance with this clause is available to permanent full-time employees.
40.2 For the purposes of this clause:
40.2.1 "salary" means the salary or rate of pay prescribed for
the employee's classification by clause 6, Rates of Pay and Allowances, Part C
of this Award, and any other payment that can be salary packaged in accordance
with Australian taxation law.
40.2.2 "post compulsory deduction salary" means the amount of
salary available to be packaged after payroll deductions required by
legislation or order have been taken into account. Such payroll deductions may
include, but are not limited to, taxes, compulsory superannuation payments,
HECS payments, child support payments, and judgement debtor/garnishee orders.
40.3 By mutual
agreement with the Commissioner, an employee may elect to package a part or all
of their post compulsory deduction salary in order to obtain:
40.3.1 a
benefit or benefits selected from those approved by the Industrial Relations
Secretary; and
40.3.2 an amount equal to
the difference between the employee’s salary, and the amount specified by the
Industrial Relations Secretary for the benefit provided to or in respect of the
employee in accordance with such agreement.
40.4 An
election to salary package must be made prior to the commencement of the period
of service to which the earnings relate.
40.5 The
agreement shall be known as a Salary Packaging Agreement.
40.6 Except
in accordance with subclause 40.7, a Salary Packaging Agreement shall be
recorded in writing and shall be for a period of time as mutually agreed
between the employee and the Commissioner at the time of signing the Salary
Packaging Agreement.
40.7 Where
an employee makes an election to sacrifice a part or all of their post
compulsory deduction salary as additional employer superannuation
contributions, the employee may elect to have the amount sacrificed:
40.7.1 paid into the
superannuation fund established under the First
State Superannuation Act 1992; or
40.7.2 where the
Department is making compulsory employer superannuation contributions to
another complying superannuation fund, paid into the same complying fund; or
40.7.3 subject to the
Department’s agreement, paid into another complying superannuation fund.
40.8 Where the
employee makes an election to salary sacrifice, the Department shall pay the
amount of post compulsory deduction salary, the subject of election, to the
relevant superannuation fund.
40.9 Where the
employee makes an election to salary package and where the employee is a member
of a superannuation scheme established under the:
40.9.1 Police
Regulation (Superannuation) Act 1906;
40.9.2 Superannuation
Act 1916;
40.9.3 State
Authorities Superannuation Act 1987; or
40.9.4 State
Authorities Non-contributory Superannuation Act 1987, the Department must ensure that the employee’s superable
salary for the purposes of the above Acts, as notified to the SAS Trustee
Corporation, is calculated as if the Salary Packaging Agreement had not been
entered into.
40.10 Where the employee
makes an election to salary package, and where the employee is a member of a
superannuation fund other than a fund established under legislation listed in
subclause 40.9 of this clause, the Department must continue to base
contributions to that fund on the salary payable as if the Salary Packaging
Agreement had not been entered into. This clause applies even though the
superannuation contributions made by the Department may be in excess of
superannuation guarantee requirements after the salary packaging is
implemented.
40.11 Where
the employee makes an election to salary package:
40.11.1 subject to Australian Taxation law, the
amount of salary packaged will reduce the salary subject to appropriate PAYG taxation
deductions by the amount packaged; and
40.11.2 any allowance, penalty rate, payment for
unused leave entitlements, weekly worker’s compensation or other payment, other
than any payments for leave taken in service, to which an employee is entitled
under this Award or any applicable Award, Act or statute which is expressed to
be determined by reference to the employee’s rate of pay, shall be calculated
by reference to the rate of pay which would have applied to the employee under
clause 6, Rates of Pay and Allowances, or Part C of this Award if the Salary
Packaging Agreement had not been entered into.
40.12 The Industrial
Relations Secretary may vary the range and type of benefits available from time
to time following discussion with the Union.
Such variations shall apply to any existing or future Salary Packaging
Agreement from date of such variation.
40.13 The Industrial
Relations Secretary will determine from time to time the value of the benefits
provided following discussion with the Union.
Such variations shall apply to any existing or future Salary Packaging
Agreement from the date of such variation.
In this circumstance, the employee may elect to terminate the Salary
Packaging Agreement.
41.
Anti-Discrimination
41.1 It is the
intention of the parties bound by this Award to seek to achieve the object in
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.
41.2 It follows that
in fulfilling their obligations under the Disputes Avoidance Procedures
prescribed by Clause 35 of 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.
41.3 Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
41.4 Nothing in this
Clause is taken to affect:
41.4.1 any
conduct or act which is specifically exempted from anti-discrimination
legislation;
41.4.2 offering
or providing junior rates of pay to persons under 21 years of age;
41.4.3 any
act or practice of a body established to propagate religion which is exempted
under section 56(d) of the Anti-Discrimination Act 1977;
41.4.4 a
party to this Award from pursuing matters of unlawful discrimination in any
State or Federal jurisdiction.
41.5 This Clause does
not create legal rights or obligations in addition to those imposed upon the
parties by legislation referred to in this Clause.
42. Employees’ Duties
42.1 An employee may
be directed to carry out duties which are within the limits of his or her
skills, competence, and training, in such a manner, as may be required by the
Department, provided that:
42.1.1 the
direction is reasonable,
42.1.2 an
employee who elects to relinquish a rank or qualification shall cease to be
considered to be capable of carrying out the duties associated with that former
rank or qualification, and
42.1.3 the
direction is not otherwise inconsistent with a provision of this Award.
42.2 Any direction
issued by the Department pursuant to subclause 42.1 shall be consistent with:
42.2.1 the
provision of a safe and health working environment,
42.2.2 ensuring
that the Department responds to relevant technological changes and changes in
its operating environment in a timely and effective manner.
42.3 The parties to this Award shall work
collaboratively to ensure the effective and reasonable operation of this
clause.
43. No Extra Claims
43.1 The parties agree
that, during the term of this award, there will be no extra wage claims, claims
for improved conditions of employment or demands made with respect to the
employees covered by the award and, further, that no proceedings, claims or
demands concerning wages or conditions of employment with respect to those
employees will be instituted before the Industrial Relations Commission or any
other industrial tribunal.
43.2 The terms of
subclause 43.1 do not prevent the parties from taking any proceedings with
respect to the interpretation, application or enforcement of existing award
provisions.
44. Area, Incidence
and Duration
44.1 This Award rescinds and replaces the Crown
Employees (Fire and Rescue NSW Permanent Firefighting
Staff) Award 2017 published 6 October 2017 (381 IG 696).
44.2 This Award shall apply to all employees as
defined in Clause 4, Definitions, of this Award and shall take effect on and
from 17 February 2020, and shall remain in force until 25 February 2021.
PART C
MONETARY RATES
Table 1 - Rates of Pay effective on and from the dates
shown
|
Per Week
|
Classification
|
$
|
|
17 February 2020
|
Recruit Firefighter
|
$1,268.27
|
Firefighter
|
$1,470.93
|
Qualified Firefighter
|
$1,634.36
|
Senior Firefighter
|
$1,732.42
|
Leading Firefighter
|
$1,830.49
|
Station Officer
|
$2,075.65
|
Leading Station Officer
|
$2,124.67
|
Inspector
|
$2,451.54
|
Superintendent
|
$159,117
|
Chief Superintendent
|
$171,919
|
Table 2 - Rates of Pay effective on and from the dates
shown
|
Per Week
|
Classification
|
17 February 2020
|
Operational Support Level 1
|
$1,836.33
|
Operational Support Level 2
|
$2,081.53
|
Operational
Support Station Officer /Level 2
|
$2,081.53
|
Operational Support Level 2a
|
$2,192.14
|
Operational Support Inspector
|
$2,457.37
|
Operational Support Inspector/Level 3
|
$2,457.37
|
Operational Support Level 3a
|
$2,664.60
|
Table 3 - Allowances
The following allowances
are effective on and from the date shown.
Item No.
|
Clause No.
|
Description
|
Unit
|
Amount
|
|
|
|
|
17/02/202
|
|
|
|
|
$
|
1
|
6.6.1
|
Laundry
expenses
|
per week
|
41.40
|
2
|
6.6.2
|
Kilometre
Allowance
|
per km
|
1.34
|
|
9.8
|
|
|
|
|
12.7
|
|
|
|
|
12.15.4
|
|
|
|
|
12.16
|
|
|
|
3
|
6.6.3
|
Major Aerial
Allowance
|
per week
|
62.51
|
4
|
6.6.4
|
Minor Aerial
Allowance
|
per week
|
23.45
|
5
|
6.6.5
|
Hazmat
Allowance
|
per week
|
125.04
|
6
|
6.6.6
|
Communications
Allowance, Non-Officers
|
per week
|
194.39
|
7
|
6.6.7
|
Communications
Allowance, Officers
|
per week
|
210.78
|
8
|
6.6.8
|
Communications
Allowance, Senior Officers
|
per week
|
245.77
|
9
|
6.6.9
|
Country
Allowance
|
per week
|
8.48
|
10
|
6.6.10
|
Remote Area
Allowance
|
per week
|
32.48
|
11
|
6.6.11
|
Rescue
Allowance
|
per week
|
54.33
|
12
|
6.6.12
|
Service
Allowance
|
per week
|
5.03
|
|
|
- 5 years or
more, but less than 10 years
|
|
10.07
|
|
|
- 10 years or
more, but less than 15 years
|
|
15.10
|
|
|
- 15 years or
more
|
|
|
13
|
6.6.13
|
Marine
Allowance
|
per week
|
62.51
|
14
|
12a6.2
|
Meal Allowance
|
per meal
|
31.25
|
|
10.2 - 10.4
|
|
|
|
15
|
10.2 - 10.4
|
Refreshment
Allowance
|
per meal
|
15.65
|
16
|
12.6
|
Relieving
Allowance
|
per rostered shift
|
35.95
|
17
|
12a.7
|
Deployment
Allowance
|
per day
|
189.81
|
18
|
25.2.8.4
|
Court
Attendance Stand-By Rate
|
|
16.80
|
|
|
- Periods of
less than 24 hours
|
|
25.18
|
|
|
- Periods of
24 hours
|
|
|
19
|
30.3.1
|
Accommodation
Contribution
|
per week
|
42.95
|
20
|
14.18
|
ComSafe Duties
|
per hour
|
83.10
|
Note: The amounts at Item 14 and Item 15 are subject to
adjustment on 1 July each year pursuant to subclause 10.4.
Table 4 - Travelling / Transferred Employees Compensation
Allowances
Item No.
|
Clause No.
|
Description
|
Unit
|
On and from
|
|
|
|
|
1 July 2019
|
1
|
16.5.2
|
Specified (Casual) Journey Rate
|
Per km
|
38.93 cents 36.40 cents 30.56
|
|
25.2.3
|
(Dependent on Engine Capacity)
|
|
cents
|
|
26.6.4
|
2601cc & over
|
|
|
|
29.6.5 &
|
1601 to 2600cc
|
|
|
|
29.8.1
|
Under 1600cc
|
|
|
2
|
25.2.8.4
|
Stand By Rate - see Item 17 in Table 3
|
3
|
26.1.3
|
Hourly Rate – Travelling
|
Per hour
|
$51.89
|
|
|
Compensation
|
|
|
4
|
26.3.1.1
|
Breakfast
|
Per meal
|
## 28.15
|
^^ 25.20
|
5
|
26.3.1.2
|
Lunch
|
Per meal
|
## 31.65
|
^^ 28.75
|
6
|
26.3.1.3
|
Dinner
|
Per meal
|
## 53.90
|
^^ 49.60
|
7
|
12a5.1,
|
Accommodation first 35 days (includes all meals)
|
Per day
|
$321.75 Sydney
|
|
26.4.1
|
|
|
$290.75 Adelaide
|
|
|
|
|
$308.75 Brisbane
|
|
|
|
|
$301.75 Canberra
|
|
|
|
|
$353.75 Darwin
|
|
|
|
|
$280.75 Hobart
|
|
|
|
|
$306.75 Melbourne
|
|
|
|
|
$313.75 Perth
|
|
|
|
|
$298.75 Bourke
|
|
|
|
|
$273.75 Gosford
|
|
|
|
|
$285.75 Maitland
|
|
|
|
|
$279.75 Mudgee
|
|
|
|
|
$276.75 Muswellbrook
|
|
|
|
|
$302.75 Newcastle
|
|
|
|
|
$323.75 Norfolk Island
|
|
|
|
|
$288.75 Orange
|
|
|
|
|
$291.75 Port Macquarie
|
|
|
|
|
$277.75 Wagga Wagga
|
|
|
|
|
$288.75 Wollongong
|
|
|
|
|
$268.75 Bathurst
|
|
|
|
|
$278.75 Bega
|
|
|
|
|
$272.75 Broken Hill
|
|
|
|
|
$270.75 Coffs Harbour
|
|
|
|
|
$272.75 Queanbeyan
|
|
|
|
|
$257.60 Albury
|
|
|
|
|
$257.60 Armidale
|
|
|
|
|
$257.60 Cooma
|
|
|
|
|
$257.60 Dubbo
|
|
|
|
|
$257.60 Goulburn
|
|
|
|
|
$257.60 Griffith
|
|
|
|
|
$257.60 Gunnedah
|
|
|
|
|
$257.60 Lismore
|
|
|
|
|
$257.60 Nowra
|
|
|
|
|
$257.60 Tamworth
|
|
|
|
|
$257.60 Tumut
|
|
|
- Other Country Centres
|
|
$237.60
|
8
|
12a5.2
|
Actual Necessary Expenses - all locations
|
Per day
|
$20.05
|
|
26.4.2
|
|
|
|
9
|
26.4.3
|
Accommodation -
|
Per day
|
50% of the
|
|
|
after first 35 days and up to 6 mths
|
|
appropriate location rate
|
10
|
26.5
|
Government Accommodation -
|
Per day
|
$20.05
|
|
|
Incidental Expenses – all locations
|
|
|
11
|
26.6.5.4 &
|
Official Business Rate
|
Per km
|
109.78 cents
|
|
29.8.4
|
(Dependant on Engine Capacity)
|
|
101.44 cents
|
|
|
Over 2601cc
|
|
73.27 cents
|
|
|
1601 to 2600cc
|
|
|
|
|
under 1600cc
|
|
|
12
|
29.5.1 -
|
Temporary Accommodation
|
Per week
|
$254.00
|
|
29.5.3
|
|
(up to a maximum of)
|
|
13
|
29.5.2
|
Board & Lodging expenses to be
|
Per week
|
$51.00
|
|
|
covered by Employee
|
|
|
14
|
29.5.4.1
|
Laundry Allowance - Employee
|
Per week
|
$4.50
|
|
|
only rate
|
|
|
15
|
29.5.4.2.
|
Laundry Allowance - Employee and Dependants rate
|
Per week
|
$13.00
|
|
|
|
(actual expenses to a maximum of)
|
|
16
|
29.6.2
|
Cost of Insurance of Furniture and Effects in transit and in Storage
|
(up to a maximum of)
|
$38,000
|
17
|
29.6.3.2
|
Accelerated depreciation of personal/household effects in transit
|
(up to a maximum of)
|
$1,126
|
18
|
29.6.3.2
|
Value of furnishings and fittings
|
(up to a maximum of)
|
$7,037
|
19
|
29.9.2
|
Board & Lodging to be covered by parent/guardian
|
Per week
|
$27.00
|
20
|
29.9.2
|
Board & Lodging cost for
|
Per week
|
$56.00
|
|
|
Dependent staying in initial location due to Year12 subjects
|
|
|
21
|
29.10.6 &
|
Relocation - City to Country for sale of property
|
(up to a maximum of)
|
$520,000
|
|
29.11.3.2
|
|
|
|
Legend: Effective Dates are with effect from the
first pay period to commence on or after the date.
## = Capital Cities & High Cost Country Centres.
^^ = Tier 2 Country Centres & Other Country Centres.
J.V. MURPHY, Commissioner
____________________
Printed by the authority of the Industrial Registrar.