Crown Employees (Fire and Rescue NSW Retained
Firefighting Staff) Award 2021
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Industrial Relations Secretary.
(Case No. 50623 & 2021/53994 of 2021)
Before Chief
Commissioner Constant
|
24 August 2021
|
Commissioner Murphy
|
|
Commissioner Sloan
|
|
AWARD
Part A
1. Introduction
1.1 This Award shall be known as the Crown Employees
(Fire and Rescue NSW Retained Firefighting Staff) Award 2021.
1.2 This Award regulates the rates of pay and
conditions of employment for employees covered by this Award.
1.3 All
references in this Award to Firefighter, Deputy Captain or Captain shall also
be taken to be a reference to CFR Firefighter, CFR Deputy Captain and CFR
Captain respectively and vice versa, excepting for Table 2 of Part B and any
other specific reference to CFR in this Award.
2. Index
Clause No. Subject
Matter
1. Title
2. Index
3. Basic Wage
4. Definitions
5. Intentions and Commitments
6. Rates of Pay and Allowances
7. Higher Duties
8. Meals and Refreshments
9. Use of Personal Transport
10. Annual Leave
11. Compassionate Leave
12. Long Service Leave
13. Military Leave
14. Parental Leave
15. Carer’s Leave
16. Sick Leave
16a Domestic and Family Violence Leave
17. Special Leave for Union Activities
18. Court Attendance Entitlements
19. Training Course Attendance Entitlements
20. Travelling Compensation
21. Transfers
22. Procedures Regarding Reports and Charges
23. Acknowledgment of Applications and Reports
24. Training and Staff Development
25. Protective Clothing and Uniforms
26. Disputes Avoidance Procedures
27. Organisational Change under clause 27.2
28. Attendance and Availability Requirements
29. Attendance at Major Emergencies
30. Alcohol and Other Drugs
31. Salary Packaging Arrangements, including
Salary Sacrifice to Superannuation
32. Employees’ Duties
33. Anti-Discrimination
34. No Extra Claims
35. Area, Incidence and Duration
PART B
MONETARY RATES
Table 1 -
Retainers
Table 2 - Rates
of Pay
Table 3 -
Allowances
Table 4 -
Authorised Duties
Table 5 -
Travelling Compensation Allowances
3. Basic Wage
This Award, in so far as it fixes rates of
pay, is made by reference and in relation to the adult basic wage currently in
force under the said Clause 15 of Division 4 of Part 2 of Schedule 4, Savings,
Transitional and other provisions, of the Industrial Relations Act 1996.
4. Definitions
“Brigade” for the
purposes of this Award means any individual brigade of Fire and Rescue NSW
constituted under the Fire and Rescue NSW Act 1989.
“Commissioner” means
Commissioner of the Department holding office as such under the Government
Sector Employment Act 2013.
“CFR” means
Community First Responder, the medical first response role performed by CFR
firefighters as at 21 June 2012 in support (but not in lieu) of the Ambulance
Service of NSW.
“CFR Brigade” means any
Brigade that is designated as such by Fire & Rescue NSW from time to time
and such designation may be attached or withdrawn following consultation with
the Union.
“CFR firefighter”
means an employee who is both attached to a CFR Brigade and who is qualified to
undertake CFR duties. Any retained firefighter attached to a CFR Brigade may
request CFR training and then shall be provided with such training as soon as
practicable. Any CFR firefighter may at any time elect to relinquish their CFR
qualification and classification.
“Department” means
Fire and Rescue NSW established by the Fire and Rescue NSW 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.
“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 220g, or similar) and one 100% fruit juice box (Just Juice
250 ml, or similar).
“Employee” means a
person classified by the Department as a Retained Firefighter and appointed as
a Firefighter pursuant to the provisions of the Fire and Rescue NSW Act 1989.
“Fire District” has
the same meaning as in the Fire and Rescue NSW 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.
“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.
“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).
“Retainer” means the
relevant amount set out at the Entitlement Codes at subclause 6.3.1.1 that is
paid per fortnight to employees in accordance with their classification, less
the fortnightly equivalent of any contribution required pursuant to the Crown
Employees (NSW Fire Brigades Firefighting Staff Death and Disability)
Award 2012 or its successors.
“Service” for the purposes
of determining leave entitlements, means continuous service.
“Special Leave
Without Pay” means a period of approved unpaid leave during which the
employee’s retainer shall be unaffected.
“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.
5. Intentions and Commitments
5.1 The intention of this Award is to regulate
the rates of pay and conditions of employment for employees covered by this
Award.
5.2 The specific commitment in relation to
this Award is for the parties to jointly investigate, agree upon and ensure the
introduction of a software application that shall be used by all employees in
receipt of the RTAAS Allowance to declare their compulsory availability and, if
they elect, any additional availability that they may wish to declare, and to
monitor their brigade’s availability on both a projected and real-time basis.
6. Rates of Pay and Allowances
6.1 Rates of pay and Retainers shall be paid
in accordance with the Entitlement Codes for an employee’s classification, as
prescribed in subclause 6.3.1. The monetary amounts corresponding to the
Entitlement Codes are as set out in Tables 1 and 2 of Part B, Monetary Rates.
6.2 The Retainers are paid in recognition of
and compensation for the attendances and periods of declared availability
required of employees by Clause 28, and include a loading in compensation for:
6.2.1 Annual leave loading.
6.2.2 The driving and operating of all vehicles
operated by appropriately qualified employees as at 30 September 1999 and
rescue and hazmat vehicles outside the GSA and the Newcastle, Lake Macquarie,
Wollongong, Shellharbour, Central Coast and Blue Mountains Local Government
Areas. The operation of any other vehicles shall be by agreement between the
Union and the Department.
6.2.3 Rescue, Cordage, Hazmat & Unit Trainer
capabilities and CBT qualifications required to be held under subclause 6.3.
6.3 Retainers,
Rates of Pay and Classifications
6.3.1 Entitlement Codes
6.3.1.1 Firefighter
Retainers
Recruit Firefighter,
Firefighter and
CFR Firefighter
|
Retainer Level
|
Compulsory availability per week
|
Entitlement Code
|
Standard
Retainers (anytime, any day of the week)
|
Base
|
24 hours
|
A
|
50%
|
48 hours
|
B
|
75%
|
72 hours
|
C
|
100%
|
96 hours
|
D
|
Weekday
Retainers (between 0600 hours and 1800 hours, Monday to Friday only)
|
50%
|
30 hours
|
B
|
75%
|
40 hours
|
C
|
100%
|
50 hours
|
D
|
6.3.1.2 Deputy
Captain Retainers
Deputy Captain
and
CFR Deputy Captain
|
Retainer Level
|
Compulsory availability per week
|
Entitlement Code
|
Standard
Retainers (anytime, any day of the week)
|
|
Base
|
24 hours
|
E
|
50%
|
48 hours
|
F
|
75%
|
72 hours
|
G
|
100%
|
96 hours
|
H
|
Weekday
Retainers (between 0600 hours and 1800 hours, Monday to Friday only)
|
50%
|
30 hours
|
F
|
75%
|
40 hours
|
G
|
100%
|
50 hours
|
H
|
6.3.1.3 Captain Retainers
Captain
and
CFR Captain
|
Retainer Level
|
Compulsory availability per week
|
Entitlement Code
|
|
|
|
Standard
Retainers (anytime, any day of the week)
|
Base
|
24 hours
|
I
|
50%
|
48 hours
|
J
|
75%
|
72 hours
|
K
|
100%
|
96 hours
|
L
|
Weekday
Retainers (between 0600 hours and 1800 hours, Monday to Friday only)
|
50%
|
30 hours
|
J
|
75%
|
40 hours
|
K
|
100%
|
50 hours
|
L
|
6.3.1.4 Hourly
Rates
Classification
|
1st Hour
|
Each subsequent half-hour
or part thereof
|
Recruit Firefighter
|
M
|
N
|
Firefighter
|
O
|
P
|
CFR Firefighter
|
Q
|
R
|
Deputy Captain
|
S
|
T
|
CFR Deputy Captain
|
U
|
V
|
Captain
|
W
|
X
|
CFR Captain
|
Y
|
Z
|
6.3.2
Transitional arrangements
6.3.2.1 Employees
who on 29 May 2014 held the classification of Firefighter C and who commenced
employment on or after 1 January 2014 shall on and from 30 May 2014 be
re-classified as Recruit Firefighter.
6.3.2.2 Employees
who on 29 May 2014 held the classification of Firefighter C and who commenced
employment prior to 1 January 2014 shall on and from 30 May 2014 be
re-classified as Firefighter.
6.3.2.3 Employees
who on 29 May 2014 held the classification of Firefighter A or Firefighter B or
CFR Firefighter A, CFR Firefighter B or CFR Firefighter C shall on and from 30
May 2014 be re-classified as Firefighter or CFR Firefighter respectively.
6.3.2.4 Employees
who on 29 May 2014 held the classification of Deputy Captain A or B or CFR
Deputy Captain A or B shall on and from 30 May 2014 be re-classified as Deputy
Captain or CFR Deputy Captain respectively.
6.3.2.5 Employees
who on 29 May 2014 held the classification of Captain A or B or CFR Captain A
or B shall on and from 30 May 2014 be re-classified as Captain or CFR Captain
respectively.
6.3.2.6 Once
re-classified, all employees shall commence on the Base level of the Standard
Retainer for their classification.
6.3.3 All
new employees shall commence employment in the classification of Recruit
Firefighter and on the Base level of the Standard Retainer,
and shall not progress to a higher and/or Weekday Retainer other than in
accordance with subclause 6.3.6.
6.3.4 Progression
from Recruit Firefighter to Firefighter shall be subject to six (6) months
service from the date of commencement as a Recruit Firefighter and to 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 Firefighter.
6.3.4.1 Failure
to achieve progression to Firefighter 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.
6.3.4.2 The
reference to “reasonable time” in subclause 6.3.4.1 means a period in excess of six (6) months. The excess time to be allowed
shall be determined by the Commissioner after taking into
account all the circumstances of the case of the employee concerned.
6.3.5 Progression from Firefighter to Deputy
Captain or Captain, or from Deputy Captain to Captain shall in each case be
subject to a vacancy and shall be determined solely on the
basis of merit selection.
6.3.6 Progression
from one Standard Retainer to any higher Standard Retainer, or from one
Standard Retainer to any Weekday Retainer, or from one Weekday Retainer to any
higher Weekday Retainer shall be subject to the occurrence of a vacancy and
shall be determined solely on the basis of merit selection. The number of higher and/or Weekday Retainers available
at any brigade (if any) will remain solely at the Department’s discretion and
subject to expansion or reduction pursuant to subclause 6.3.7.
6.3.7
6.3.7.1 An
employee who applies for and is subsequently appointed to a higher Standard
Retainer and/or a Weekday Retainer may be transferred to a lower Retainer,
either Standard or Weekday, without the employee’s consent provided; firstly,
that the Department provides the employee(s) concerned with at least one
month’s written notice of such transfer; and secondly, that such transfers are
applied as equitably within the brigade as reasonably possible in the
circumstances; and thirdly, that the employee’s transfer is not a consequence
of disciplinary action, in which case neither of the preceding requirements
will apply and the transfer may be affected immediately.
6.3.7.2 An
employee’s Retainer (Standard or Weekday) and Level
(Base, 50%, 75% or 100%) shall remain unaffected by a change in the employee’s classification. By way of example, a Firefighter
on a Weekday 50% Retainer under subclause 6.3.1.1 at the time of their
appointment to Deputy Captain would continue on a 50% Weekday Retainer under
subclause 6.3.1.2 until transferred to a higher Retainer pursuant to subclause
6.3.6, or to a lower Retainer pursuant to subclause 6.3.7.1.
6.3.8 Progression
of employees to their corresponding CFR classification (Firefighter, Deputy
Captain or Captain, whichever applies) shall be subject to:
6.3.8.1 attachment
to a CFR Brigade; and
6.3.8.2 the
satisfactory completion of the training and/or training competencies specified
for CFR duties.
6.4 Employees appointed as Unit Trainers shall
receive payment at the rates prescribed at Items W and X when delivering training
at regular station drills, for the duration of the drill.
6.5 Calculation of Payment for Duties
Performed
6.5.1 Employees shall be paid, subject to the
provisions of subclauses 6.5.2 and 6.5.3, for the total period
of time spent performing duties, which shall be calculated as follows:
6.5.1.1 Attendance at Scheduled Weekend
Training courses - the period of attendance shall be equivalent to the
scheduled training hours. For the avoidance of doubt, a ‘training course’ does
not include a station drill or station program training exercise.
6.5.1.2 Major Emergencies - Periods of
attendance for the purpose of calculating payment shall be calculated having
regard to the provisions of subclause 29.5.
6.5.1.3 Attendance at Zone Conferences - the
period of attendance shall be equivalent to the scheduled hours of the
conference.
6.5.1.4 Royal Easter Show and ComSafe - periods of attendance for the purpose of
calculating payment shall be calculated having regard to the provisions of
subclause 6.8.2
6.5.1.5 In all other instances - employees
shall be paid for the period that elapses from the time the employee signed on
in the occurrence book at the employee’s station, until the time such employee
signs off in the occurrence book at the employee’s station.
6.5.2 The minimum periods of payment shall be as
follows:
6.5.2.1 Attendance at an incident, hazard
reduction, and unit training - a minimum payment of one hour. All subsequent
time thereafter shall be paid to the half hour.
6.5.2.2 Regular drills (of which there shall
be two per station, per month) - a minimum payment of two hours.
6.5.2.3 All other authorised duties (excepting
Travelling Time) - a minimum payment of one hour. All subsequent time to be
paid to the minute.
6.5.2.4 Travelling time - where an employee
is entitled to travelling time in terms of this Award, all such time shall be
paid to the minute.
6.5.2.5 Relief Duties - where an employee
performs relief duties in accordance with subclause 6.7 for three hours or
less, such employee shall receive a minimum payment of three hours for each
such relief. All subsequent time thereafter shall be paid to the minute.
6.5.2.6 Attendance at scheduled weekend
training courses and zone conferences - a minimum payment of eight hours per
day spent in attendance.
6.5.2.7 Royal
Easter Show and ComSafe – where an employee performs
duties in accordance with subclauses 6.8 or 6.8a for three hours or less, such
employee shall receive a minimum payment of three hours. All subsequent time
shall be paid to the minute.
6.5.2.8 Except
in the case of regular drills and authorised duties, where the purpose for
which an employee was required to report for duty is completed, the employee
shall be released.
6.5.3 An employee who attends either the station or
the incident within 30 minutes of notification shall for each such attendance
be entitled to payment pursuant to subclause 6.5.2.1 unless the employee was
already performing duty at the time of the notification (for example, the
employee had returned from a previous incident but had not signed off in the
occurrence book prior to notification of the subsequent incident).
6.5.4 If the non-availability of retained
firefighting staff at any brigade requires the Department to maintain minimum
staffing with a FRNSW firefighter not belonging to that station, then only
those employees who had declared their availability shall be responded until
such time as the minimum staffing by that brigade’s
employees is restored and the firefighter performing relief duties has been released, whereupon the ordinary notification and response of
employees attached to the brigade shall resume.
6.6 Authorised Duties
6.6.1 Where an employee is required to attend
meetings or to perform other authorised duties, payment shall be made at the appropriate
rate of pay for the employee’s classification pursuant to subclause 6.5.1.5.
Such authorised duties include, but are not limited to, those duties that are
set out in Table 4 - Authorised Duties, of Part B, Monetary Rates.
6.6.2 Employees seeking to attend meetings and/or
perform duties in accordance with subclause 6.6.1 which are not referred to in
the said Table 4 must receive authorisation from the relevant Captain,
Inspector or higher ranking officer prior to the
performance of such duties.
6.6.3 Each
station shall be allowed not less than:
6.6.3.1 26
hours per month of station-based duties; and
6.6.3.2 1.5
hours per week, per vehicle of Engine Keeper duties; and
6.6.3.3 2
hours per week, per vehicle of Station Inventory Management System (SIMS)
duties; and
6.6.3.4 16
hours per annum of attendance at station open days and local shows; and
6.6.3.5 in
the case of any and all other authorised duties:
6.6.3.5.1 14
hours per month if attending 100 incidents or less per year.
6.6.3.5.2 19
hours per month if attending more than 100 but less than 200 incidents per
year.
6.6.3.5.3 24
hours per month if attending 200 or more incidents per year.
6.7 Relief Duties
6.7.1 Where an employee is required to maintain
minimum staffing due to the
non-availability of retained or permanent firefighting staff at another
station, or permanent firefighting staff at the employee’s own station, such
employee shall be paid the amount prescribed at Entitlement Code “RD3” of Table
2 of Part B for the first three hours, or part thereof, and at the rate
prescribed at Entitlement Code “RDH” of Table 2 of Part B for any period
thereafter which elapses from the time the employee signed on in the occurrence
book of the relief station, until the time such employee signs off in the
occurrence book of the relief station. Provided that employees who perform
relief duties in accordance with this subclause shall not attract additional
payment under this Clause for attendance at incidents or performing authorised
duties or drills during the period of the relief.
6.7.2 Employees who relieve at a station other than
their own shall be paid the appropriate rate per hour prescribed for the
employee’s classification for the duration of the forward and return journeys
between the employee’s station and the location of the relief. All such time
shall be paid to the minute.
6.7.3 Where it is necessary for an employee to use
the employee’s private vehicle to perform relief duties, such employee shall be
paid the rate per kilometre prescribed at Entitlement Code “KM” of Table 3 of
Part B for the forward and return journeys between their residence and their
station, and the forward and return journeys between their station and the
location of the relief.
6.8 Attendance at the Royal Easter Show
6.8.1 The following hourly rates shall be paid to
employees working at the Royal Easter Show:
6.8.1.1 For
Recruit Firefighter and Firefighter, the rate prescribed at
Entitlement Code "RASF" of Table 2 of Part B of this Award.
6.8.1.2 For Deputy Captain, the rate
prescribed at Entitlement Code "RASDC" of Table 2 of Part B of this
Award.
6.8.1.3 For Captain, rate prescribed at
Entitlement Code "RASC" of Table 2 of Part B of this Award.
6.8a Performance of ComSafe
duties
6.8a.1 Employees who perform Comsafe
duties shall be paid the hourly rate prescribed at Entitlement Code
"CSD" of Table 2 of Part B of this Award.
6.8.2 The rates prescribed in subclauses 6.8.1 and
6.8a.1 are all incidence of employment rates and, notwithstanding anything else
prescribed in this Award, employees receiving such rates shall:
6.8.2.1 only be entitled to be paid for the
hours actually worked, subject to continuous payment
for work performed on any calendar day. Provided that, if an employee cannot
attend for duty at the Royal Easter Show (only) due to illness or incapacity
and provides a medical certificate pursuant to subclause 16.3 then the employee
shall be entitled to be paid for the hours that would have otherwise been
worked.
6.8.2.2 not be entitled to any payment or
compensation for travelling time or travelling costs in connection with the
work performed;
6.8.2.3 not be entitled to any payment or
compensation with respect to either meals (except as provided for by subclause 6.8.4)
and/or accommodation (except as provided for by subclause 6.8.2.6) in
connection with the work performed;
6.8.2.4 not be entitled to the payment of
overtime in connection with the work performed;
6.8.2.5 not be entitled to payment of
downtime in connection with attendance at the Royal Easter Show;
6.8.2.6 be paid the accommodation allowance
set at Item 4 of Table 5 of Part B for each day that the distance travelled
between the employee’s residence and the furthest location where the ComSafe work is performed exceeds 100 kms and the employee
resides away from home (evidence of which may be required prior to payment).
6.8.3 All payments made under this subclause shall
count for the purpose of any paid leave.
6.8.4 In the event that the employees attend an
incident while working at the Royal Easter Show such employees shall be
entitled to the provisions of Clause 8 - Meals and Refreshments.
6.8.5 Attendance at the Royal Easter Show and/or
the performance of ComSafe duties shall be treated as
a period of authorised absence for the purposes of
subclause 28.2.
6.8.6 It is expressly provided
that attendance at the Royal Easter Show and/or the performance of ComSafe duties are not performed as Authorised
Duties.
6.9 RTAAS
Allowance
6.9.1 The
Retained Telephone Alerting and Availability System Allowance prescribed at
Entitlement Code “RTAAS” of Table 3 of Part B of this Award shall be paid to
employees who provide the Department with a valid telephone number in
compensation for the maintenance of that primary contact number and the use of
an agreed software application to declare their compulsory availability and, if
they elect, any additional availability that they may wish to declare, and to
monitor their brigade’s availability on both a projected and real-time basis.
6.10 Overtime
6.10.1 Where an employee works in
excess of ten (10) consecutive hours, such employee shall be paid at
overtime rates for the hours worked in excess of ten (10). Provided that the
provisions of this subclause shall not apply to employees receiving payment
under either Clause 29, Attendance at Major Emergencies, subclause 6.7, Relief
Duties or subclause 6.8, Attendance at the Royal Easter Show.
6.10.2 Overtime shall be paid for at the rate of time
and one half for the first two (2) hours and at the rate of double time
thereafter, for the rate(s) prescribed for the employee’s classification,
provided that all overtime shall be paid to the half hour in accordance with
subclause 6.5.2.1.
6.10.3 Employees
who work on Easter Sunday or on any additional public holiday that is Gazetted
or otherwise confirmed by the NSW Government shall be paid at overtime rates
for all hours worked on each such day. For the purposes of this subclause,
additional public holidays shall not include local public holidays.
6.11 Overpayments
6.11.1 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 remuneration.
6.11.2 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.
6.11.3 The recovery rate of 10% of an employee’s gross
fortnightly remuneration referred to in subclause 6.11.1, 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.
6.11.4 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 6.11.1, the Department shall have the
right to deduct any balance of such overpayment from any monies owing to the
employee on the employee’s date of termination, resignation or retirement, as
the case may be.
6.12 Payment of Monies
6.12.1 Employees shall be paid fortnightly.
6.12.2 Payments shall be made into a bank account
specified by the employee, or other financial institutions acceptable to the
Department and Union.
6.12.3 Employees
shall be paid within two pay periods of the date of any work performed under
this Award.
6.13 Payroll Deductions
6.13.1 Except as provided for in subclause 6.13.2, all
salary deductions shall be made in accordance with Treasury Guidelines.
6.13.2 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.
6.14 Method of Calculation of any Future
Adjustment
6.14.1 The
Retainers at Table 1 of Part B shall in future be adjusted by calculating the
increase for each 100% Level Retainer to the nearest cent and then calculating
the remaining Levels for each classification by the corresponding percentage,
with the Base Level Retainer at subclause 6.3.1.1 to be calculated at 25% and
the Base Level Retainers at subclauses 6.3.1.2 and 6.3.1.3 to be calculated at
37.5%.
6.14.2 The
Rates of Pay for Entitlement Codes M to Z inclusive at Table 2 of Part B shall
in future be adjusted:
6.14.2.1 firstly, by
calculating the increase for the Deputy Captain classification to the nearest
cent to arrive at a new 1st hour, 100% rate and:
6.14.2.2 secondly, by
then mutiplying the new 100% rate by 80%, by 90% and
by 112% and rounding each result to the nearest cent to arrive at the new rate
for the Recruit Firefighter, Firefighter and Captain classifications
respectively, and
6.14.2.3 thirdly, by then
mutiplying the new 100% rate and each of the new
rates produced by subclause 6.14.2.2 by 107% and then rounding each result to
the nearest cent to arrive at the new rates for the corresponding CFR
classifications, and
6.14.2.4 finally, by then
dividing each of the new 1st hour rates produced by this subclause
by two and then rounding to the nearest cent in order to
arrive at the corresponding new half hour rate for each classification.
6.14.3 The
Rates of Pay for Entitlement Codes RASF, RASDC and RASC at Table 2 of Part B
shall in future be adjusted:
6.14.3.1 firstly, by
calculating the increase for the Firefighter rate at Entitlement Code RASF to
the nearest cent, and
6.14.3.2 secondly, by
then subtracting the new Firefighter rate at Entitlement Code O from the new
Royal Easter Show firefighter rate at Entitlement Code RASF, and
6.14.3.3 thirdly, by then
adding the amount produced at subclause 6.14.3.2 to the new Deputy Captain rate
at Entitlement Code S and to the new Captain rate at Entitlement Code W to
arrive at the new Royal Easter Show rates for the Deputy Captain and Captain
classifications at Enititlement Codes RASDC and RASC
respectively.
7. Higher Duties
7.1 In
selecting Firefighters to perform Higher Duties at the Deputy Captain
classification, or Deputy Captains (including
Acting Deputy Captains) to perform Higher Duties at the Captain classification,
a merit based selection process need not be applied provided, firstly, that in
making such appointments the Department shall have regard to the principles of
equitably sharing career development opportunities, and secondly, that as soon
as it becomes known that the duration of the relief may last for two months or
more then expressions of interest are to be called for from employees holding
the relevant classification and determined on the basis of merit selection.
7.2 An employee shall not be entitled to
perform Higher Duties unless the employee is qualified to perform such duties.
7.3 An employee performing Higher Duties shall
be paid for the period of relief, the difference between the employee’s usual
hourly rates of pay and the hourly rates of pay for the classification in which
the Higher Duties are performed. Provided that:
7.3.1 The
difference between the employee’s Retainer payment and the Retainer payment for
the classification in which the Higher Duties are performed shall not be paid
unless the Higher Duties are performed for a continuous period of seven days or
more; and
7.3.2 The
employee shall do so at their ordinary Retainer Level (eg,
Base, 50%, 75% or 100%) and not at the Level of the employee into whose
position they are acting unless the employee who is performing the Higher
Duties agrees otherwise.
7.4 Attendance at an Incident
7.4.1 Any Higher Duties entitlement in terms of
this clause which was actually being paid, or which
should have been paid, during a period immediately prior to an incident, shall
not be diminished as a consequence of the incident.
7.4.2 Except as provided for in 7.4.1, the only
other circumstances under which a Higher Duties payment is to be made during an
incident is in a case where neither the Captain nor the Deputy Captain of that
Brigade attends the incident. In such cases, only one employee shall be
entitled to a Higher Duties payment at the Deputy Captain hourly rate of pay
and that employee shall be the employee who was in charge of the Brigade for the majority of the time.
To avoid doubt, in the case of attendance by multiple Retained Brigades, a
Higher Duties payment shall be made to the relevant employee from each Brigade
whose Captain and Deputy Captains(s) do not attend the incident.
7.4.3 For the purposes of 7.4.2, the term “Captain”
and “Deputy Captain” shall also mean “Acting Captain” and “Acting Deputy
Captain” in cases where an employee was, during the period immediately prior to
the incident, the Acting Captain or Acting Deputy Captain in terms of this
clause.
8. Meals and Refreshments
8.1 Attendance at an Incident
8.1.1 For the purposes of this clause, an
“incident” also includes hazard reduction.
8.1.2 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.
8.1.3 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.
8.2 Payment in Lieu of the Provision of
Refreshments/Meals
8.2.1 Where Refreshments are not provided in terms
of subclause 8.1.2, the Refreshment Allowance set at Entitlement Code “RA” of
Table 3 of Part B, shall be paid.
8.2.2 Where
an Emergency Meal is supplied in lieu of a Substantial Meal, the Refreshment
Allowance set at Entitlement Code “RA” of Table 3 of Part B, shall be paid.
8.2.3 Where a Substantial Meal
or Emergency Meal is not provided in terms of subclause 8.1.3, the Meal
Allowance set at Entitlement Code “MA” of Table 3 of Part B, shall be paid.
8.3 Calculation of Future Adjustments to
Refreshments/Meal Allowances
8.3.1 The allowances referred to in this clause
shall be calculated as follows:
8.3.1.1 The Meal Allowance at Entitlement
Code “MA” of Table 3 of Part B, 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 as subsequently adjusted
pursuant to subclause 8.3.1.3.
8.3.1.2 The Refreshment Allowance at Entitlement
Code “RA” of Table 3 of Part B, is half, rounded to the nearest five cents, of
the amount at Entitlement Code “MA” of Table 3 of Part B.
8.3.1.3 The amounts specified in subclauses
8.3.1.1 and 8.3.1.2 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).
9. Use of Personal Transport
9.1 Attendance at an incident
9.1.1 Where it is necessary for an employee to use
the employee’s private vehicle to attend an incident, the employee shall be
paid at the rate prescribed at Entitlement Code “KM” of Table 3 of Part B, per
kilometre, as follows:
9.1.1.1 The
return distance from the employee’s residence to the station or the distance
actually travelled on the forward and return journeys to the station, which ever is the lesser, provided that
payment shall be limited in all instances to a return distance of 14 kilometres;
and
9.1.1.2 The
return distance from the station to the incident, if
it is necessary for the employee to use the employee’s private vehicle to
travel from the station to the incident.
9.2 Attendance at Authorised Meetings and
Other Duties
9.2.1 Where an employee is required to use the
employee’s private vehicle to attend such meetings or to perform such other
authorised duties as prescribed in subclause
6.6, the employee shall be paid the rate prescribed at Entitlement Code
“KM” of Table 3 of Part B, of this Award per kilometre for the actual distance
necessarily and reasonably travelled for that purpose.
9.2.1.1 Provided that where an employee is
authorised to, and does, use his or her own private vehicle and the principal
purpose of the journey is, or is as a consequence of, the transportation of the
Department’s equipment and/or appliances from one location to another, then
such employee shall be paid the appropriate rate per hour prescribed for the
employee’s classification in addition to the rate per kilometre prescribed at
Entitlement Code “KM” of Table 3 of Part B. Provided further that, for the
purposes of this subclause:
9.2.1.1.1 An employee’s
turnout gear shall not be regarded as equipment.
9.2.1.1.2 The hourly rate
shall be paid on a basis similar to travelling
time. That is, no minimum period of
payment and all time to be paid to the minute.
9.2.1.1.3 Where the reason
for the journey is to attend an incident, the normal provisions of this Award
shall apply in lieu of the provisions of this subclause.
9.2.2 The provisions of this clause shall not apply
where transport is provided by the Department.
9.2.3 Employees who are required to attend such
meetings or perform such authorised duties, but do not use their private
vehicle and are therefore not entitled to claim the rate prescribed at
Entitlement Code “KM” of Table 3 of Part B, shall be entitled to claim
travelling time and/or travelling expenses in accordance with clause 19,
Travelling Compensation.
10. Annual Leave
10.1 On each anniversary of an employee’s
appointment to the Brigade, an employee shall be entitled to annual leave. Such
annual leave shall accrue at the rate of four weeks for each completed year of
service and shall be taken in multiple periods of not less than 3 consecutive
days, or in single-day periods, so long as the single-day periods do not exceed
ten days in any calendar year.
10.2 An employee with less than twelve months
service may, subject to approval by the Department and the requirements of
subclause 10.1, take in advance leave which has accrued.
10.3 Wherever possible, annual leave shall be
taken within six months of the date on which the leave becomes due. Provided
that, in all cases, annual leave must be granted and taken within twelve months
of the date on which it becomes due.
10.4 As far as possible, annual leave shall be
granted to coincide with the employee’s leave period from the employee’s
primary form of employment.
10.5 Payment for annual leave shall be calculated
on the weekly average of the total amount paid by the Department to the
employee for the twelve months immediately prior to the date on which leave is
commenced excluding any periods of Special Leave Without Pay, unpaid leave
and/or suspension. For the purposes of this subclause, "total amount"
shall include all payments made to the employee by the Department, excluding
the RTAS Allowance and payments made as compensation or reimbursement for
expenses (eg. payments for meals, accommodation and
for kilometres travelled).
10.6 An employee who is directed to return to
duty in the case of an emergency whilst on annual leave, shall have any day or
part thereof recredited.
10.7 An employee shall be paid in advance for a
period of approved annual leave, providing such employee has given a minimum of
six weeks written notice of the date on which the leave is to commence.
11. Compassionate
Leave
11.1 An employee, other than a casual employee,
shall be entitled to up to two days compassionate leave without deduction of
pay, on each occasion of the death of a person as prescribed in subclause 11.3
of this clause.
11.2 The employee must notify the employer as
soon as practicable of the intention to take compassionate leave and will, if
required by the employer, provide to the satisfaction of the employer proof of
death.
11.3 Compassionate leave shall be available to
the employee in respect to the death of a person prescribed for the purposes
of Carer’s Leave as set out in
subparagraph 15.1.3.2 of clause 15,
Carer’s Leave, provided that, for the purpose of compassionate leave,
the employee need not have been responsible for the care of the person
concerned.
11.4 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.
11.5 Compassionate leave may be taken in
conjunction with other leave available under subclauses 15.2 and 15.3 of clause
15. In determining such a request, the employer will give
consideration to the circumstances of the employee and the reasonable
operational requirements of the Department.
12. Long Service Leave
12.1 Subject also to the provisions of subclause
12.9, an employee shall be entitled to long service leave calculated on the
following bases:
12.1.1 For all continuous service prior to 1 April
1963, and provided that such previous service is also continuous with the
employee’s current service, at the rate of three months, for twenty years of
service.
12.1.2 For all continuous service on and subsequent to
1 April 1963, in the case of an employee who has completed ten years service, two months long service leave and for each
five years completed service thereafter, a further one month
long service leave.
12.2 On termination of services, in respect of
the number of years service with the Department since
the employee last became entitled to an amount of long service leave, a
proportionate amount on the basis of two months for
ten years service.
12.3 In the case of an employee who has completed
at least seven years service and whose services are
terminated or cease for any reason, such employee shall be paid a proportionate
amount calculated at the rate
of two months for ten years service.
12.4 In the case of an employee who has completed
at least five years but less than seven years service
and whose services are terminated by the Department for any reason, other than
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, such employee (or in the event of the death of the employee, the
employee’s estate) shall be paid a proportionate amount calculated at the rate
of two months for ten years service.
12.5 Long service leave shall be granted subject
to the convenience of the Department, as and when such leave becomes due (i.e.
after seven (7) years) or any time thereafter. Provided that an employee shall
give at least twenty (20) days notice in writing of
the intention to take such leave.
12.6 Long service leave shall be paid at the rate
of full pay which, for the purposes of this clause, shall mean the greater
average monthly remuneration received by the employee calculated over either
the preceding twelve months or five years excluding any periods of Special
Leave Without Pay, unpaid leave and/or suspension. The averages referred to in
this subclause shall be calculated up to and including the end of the month
immediately prior to the month during which the long service leave is taken or commences, as the case may be.
12.7 The term "remuneration" referred
to in subclause 12.6 shall include all payments made to the employee by ,
excluding the RTAS Allowance and payments made as compensation or reimbursement
for expenses (e.g., payments for meals, accommodation and for kilometres
travelled).
12.8 An employee who is directed to return to
duty in the case of an emergency while on long service leave shall have any day
or part thereof recredited.
12.9 Notwithstanding anything elsewhere provided
by this clause, effective on and from the date of operation of this Award:
12.9.1 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.
12.9.2 employees may apply to take a period of Long
Service leave at double pay provided that:
12.9.2.1 The additional payment will be made as
a non-superable taxable allowance payable for the period of the absence from
work.
12.9.2.2 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.
12.9.2.3 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.
12.9.2.4 Superannuation contributions will only
be made on the basis of the actual absence from work,
i.e., at the single time rate.
12.9.2.5 Where an employee elects to take Long
Service leave at double pay, the minimum period of actual absence should be not
less than one (1) week.
12.9.3 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.
12.9.3.1 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.
13. Military Leave
13.1 Military leave may be granted to employees
who are volunteer part-time members of the Defence Forces Reserves.
13.2 Such leave shall be available in accordance
with the following provisions on a twelve month to twelve month
basis, commencing on 1 July each year:
13.2.1 For members of the Navy Reserve - thirteen
calendar days for the purpose of annual training and thirteen calendar days for
the purposes of attending a school, class or course of
instruction, including in a teaching capacity.
13.2.2 For members of the Army Reserve - fourteen
calendar days for the purpose of annual training and fourteen calendar days for
the purposes of attending a school, class or course of
instruction, including in a teaching capacity.
13.2.3 For members of the Air Force Reserve - sixteen
calendar days for the purpose of annual training and sixteen calendar days for
the purposes of attending a school, class or course of
instruction, including in a teaching capacity.
13.3 Where a Commanding Officer certifies in
writing that it is obligatory for a member of the Reserves to attend training
for a period that exceeds the leave granted under subclause 13.2, the
Commissioner may grant further Military Leave up to four calendar days in any
one Military Leave year.
13.4 Periods of approved Military Leave shall be
regarded as Special Leave Without Pay.
14. Parental Leave
14.1 Definition of Parental Leave
14.1.1 For the purposes of this clause, Parental Leave
is Maternity Leave, Other Parent Leave or Adoption Leave.
14.1.2 Maternity Leave is leave 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.
14.1.3 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.
14.1.4 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 years (other than a child who has previously lived continuously
with the employee for a period of at least six months or who is a child or step-child
of the employee or of the employee’s spouse).
14.1.5 For the purposes of this clause, “spouse”
includes a de facto spouse and a former spouse.
14.2 Entitlement to Parental Leave
14.2.1 An employee is entitled to parental leave, as
provided by this clause, in connection with the birth or adoption of a child.
14.2.2 Maternity Leave - all female employees who do
not have the necessary service as prescribed in subclause 14.3.1 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.
14.2.3 Paid Maternity Leave may be granted to a female
employee subject to the following conditions:
14.2.3.1 The female employee has applied for
Maternity Leave within such time and in such manner as herein set out.
14.2.3.2 Before the expected date of birth has
completed not less than forty 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.
14.2.3.3 In addition to the unpaid or paid
Maternity leave referred to in 14.2.2 & 14.2.3.2 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.
14.2.3.4 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.
14.2.4 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 14.3.1,
from the time of placement of the child.
14.2.5 Paid Adoption Leave may be granted to an
employee adopting a child subject to the following conditions:
14.2.5.1 The employee has applied for Adoption
Leave within such time and in such manner as herein set out.
14.2.5.2 Before the commencement of Adoption
Leave the employee has completed not less than forty weeks’ continuous service.
14.2.5.3 The employee is to be the primary care
giver of the child.
14.2.5.4 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.
14.2.5.5 In addition to the unpaid or paid
Adoption leave referred to in 14.2.4 & 14.2.5.4 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.
14.2.6 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:
14.2.6.1 an unbroken period of up to one (1)
week unpaid leave at the time of the birth of the child, or other termination
of the pregnancy (short Other Parent leave) 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
14.2.6.2 In addition to the unpaid or paid
Other Parent leave referred to in 14.2.6.1, 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.
14.2.7 Except as provided for in subclause 14.2.3 and 14.2.5,
Parental Leave shall not extend beyond a period of one year after the child was
born or adopted.
14.3 Length of Service for Eligibility
14.3.1 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 forty weeks’ continuous
service.
14.3.2 There is no minimum period of employment for
eligibility for unpaid Parental Leave.
14.3.3 Continuous service is service under one or more
unbroken contracts of employment, including:
14.3.3.1 Any period of authorised leave or absence.
14.3.3.2 Any period of part-time work.
14.3.3.3 Full or part-time service within the
public sector.
14.4 Notices and Documents required to be given
to the Commissioner
14.4.1 Maternity Leave - The notices and documents to
be given to the Commissioner for the purposes of taking Maternity Leave are as
follows:
14.4.1.1 The female employee should give at
least eight weeks’ written or oral notice of the intention to take the leave
(unless it is not reasonably practicable to do so in the circumstances).
14.4.1.2 The female employee must, at least
four weeks before proceeding on leave, give written notice of the dates on
which the employee proposes to start and end the period of leave.
14.4.1.3 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.
14.4.2 Other Parent Leave - The notices and documents
to be given to the Commissioner for the purposes of taking Other Parent Leave
are as follows:
14.4.2.1 In the case of extended Other Parent Leave,
the employee should give at least ten weeks written or oral notice of the
intention to take the leave (unless it is not reasonably practicable to do so
in the circumstances).
14.4.2.2 The employee must, at least four weeks
before proceeding on leave, give notice of the dates on which the employee
proposes to start and end the period of leave.
14.4.2.3 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.
14.4.2.4 In the case of extended Other Parent
leave, the employee must, before the start of leave, provide a statutory
declaration by the employee stating:
14.4.2.4.1 Any period of
Maternity Leave sought or taken by their spouse.
14.4.2.4.2 That they are
seeking that period of extended Other Parent Leave to become the primary care-giver of the child.
14.4.3 Adoption Leave - The notices and documents to
be given to the Commissioner for the purposes of taking Adoption Leave are as
follows:
14.4.3.1 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 ten weeks before the expected date of
placement (unless it is not reasonably practicable to do so in the
circumstances).
14.4.3.2 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 fourteen days before proceeding on
such leave.
14.4.3.3 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.
14.4.3.4 In the case of extended Adoption
Leave, the employee must, before the start of such leave, provide a statutory
declaration by the employee stating:
14.4.3.4.1 Any period of
Adoption Leave sought or taken by his or her spouse.
14.4.3.4.2 The employee is
seeking that period of extended Adoption Leave to become the primary care-giver of the child.
14.4.4 An employee does not fail to comply with this
clause if the failure was caused by:
14.4.4.1 The child being born (or the pregnancy
otherwise terminating) before the expected date of birth.
14.4.4.2 The child being placed for adoption
before the expected date of placement.
14.4.4.3 Other compelling circumstances.
14.4.5 In the case of the birth of a living child,
notice of the period of leave is to be given within two 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 weeks after the placement of the
child.
14.4.6 An employee must notify the Commissioner of any
change in the information provided under this clause within two weeks after the
change.
14.4.7 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.
14.5 Continuity of Service
Parental leave
does not break an employee’s continuity of service, but subject to subclauses
14.5.1, 14.5.2 and 14.5.3 is not to be taken into account
in calculating an employee’s period of service for any other purposes.
14.5.1 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.
14.5.2 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.
14.5.3 Unpaid
Parental Leave shall not count as service for determining any form of leave
entitlement, except for Long Service Leave in cases where at least ten years of
service has been completed and unpaid Parental Leave does not exceed six
months.
14.6 Simultaneous taking of Parental Leave
Subject to
subclause 14.20.1.1, 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:
14.6.1 For
maternity and Other Parent leave, an unbroken period of up to one week at the
time of the birth of the child;
14.6.2 For
adoption leave, an unbroken period of up to three weeks at the time of the
placement of the child.
14.7 Cancellation of Parental Leave
14.7.1 Before
starting leave - Parental leave applied for but not commenced is automatically
cancelled if:
14.7.1.1 The employee
withdraws the application for leave by written notice to the Commissioner.
14.7.1.2 The pregnancy
concerned terminates other than by the birth of a living child or the placement
of the child concerned does not proceed.
14.7.2 After
starting leave -
If:
14.7.2.1 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:
14.7.2.1.1 If
a child is still-born the female employee may elect to
take available Sick Leave or Maternity Leave.
14.7.2.1.2 In
the event of a miscarriage any absence from work is to be covered by the
current Sick Leave provisions.
14.7.2.2 The child in
respect of whom an employee is then on Parental Leave dies, or
14.7.2.3 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 two 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.
14.7.3 The
provisions of subclause 14.7 do not affect an employee’s entitlement to special
maternity leave or special adoption leave.
14.8 Parental Leave and other Leave
14.8.1 An
employee may take any annual leave or long service leave to which the employee
is entitled instead of, or in conjunction with parental leave.
14.8.2 However,
the total period of leave cannot be so extended beyond the maximum period of
Parental Leave authorised by this clause.
14.8.3 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.
14.8.4 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:
14.8.4.1 Annual Leave or
Long Service Leave.
14.8.4.2 In the case of
Maternity Leave - Sick Leave.
14.9 Employee and Commissioner may agree to
interruption of Parental Leave by return to work -
14.9.1 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:
14.9.1.1 A female
employee who gives birth to a living child shall not resume duty until six
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.
14.9.1.2 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 weeks notice
(or less if acceptable to the Commissioner) of her intention to resume
maternity leave must be given.
14.9.2 The
period of leave cannot be extended by such a return to work beyond the maximum
period of leave authorised by this clause.
14.10 Extension of period of Parental Leave
14.10.1 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 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.
14.10.2 Subject
to the provisions of subclause 14.20, 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.
14.10.3 This
subclause applies to an extension of leave whilst the employee is on leave or
before the employee commences leave.
14.11 Shortening of period of Parental Leave
14.11.1 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 days before the leave is to come to an end.
14.12 Return to work after Parental Leave
14.12.1 An
employee returning to work after a period of Parental Leave is entitled to be
employed in:
14.12.1.1 The classification (if
possible, at the same location) held by the employee immediately before
proceeding on that leave.
14.12.1.2 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.
14.12.2 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.
14.12.3 The
provisions of subclause 14.12 extend to a female employee returning to work
after a period of Special Maternity Leave and Sick Leave.
14.13 Payment
14.13.1 Payment
for the fourteen (14) weeks on full pay or twenty-eight (28) weeks on half pay
paid Maternity Leave may be made:
14.13.1.1 In advance in a lump
sum.
14.13.1.2 On a normal fortnightly
basis.
14.13.1.3 Payment for such period
of leave shall be calculated on the weekly average of the total amount paid by
the Department to the employee for the twelve months immediately prior to the
date on which leave is commenced excluding any periods of Special Leave Without
Pay, unpaid leave and/or suspension. For the purposes of this subclause,
"total amount" shall include all payments made to the employee by the
Department excluding the RTAS Allowance and payments made as compensation or
reimbursement for expenses (eg. payments for meals,
accommodation and for kilometres travelled).
14.13.2 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:
14.13.2.1 In advance in a lump
sum.
14.13.2.2 On a normal fortnightly
basis.
14.13.2.3 Payment for such period
of leave shall be calculated on the weekly average of the total amount paid by
the Department to the employee for the twelve months immediately prior to the
date on which leave is commenced excluding any periods of Special Leave Without
Pay, unpaid leave and/or suspension. For the purposes of this subclause
"total amount" shall include all payments made to the employee by the
Department excluding payments made as compensation or reimbursement for
expenses (eg. payments for meals, accommodation and
for kilometres travelled).
14.14 Commissioner’s Obligations
14.14.1 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:
14.14.1.1 The employee’s
entitlements to Parental Leave under this clause.
14.14.1.2 The employee’s
obligations to notify the Commissioner of any matter under this clause.
14.14.2 Records
- The Commissioner must keep for at least six 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.
14.15 Termination of Employment because of Pregnancy
etc
14.15.1 The
Commissioner must not terminate the employment of an employee because:
14.15.1.1 The employee is
pregnant or has applied to adopt a child.
14.15.1.2 The employee has
given birth to a child or has adopted a child.
14.15.1.3 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.
14.15.2 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.
14.15.3 This
clause does not affect any other rights of a dismissed employee.
14.16 Replacement Employees
14.16.1 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).
14.16.2 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.
14.16.3 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.
14.17 Transfer to a Safe Job
14.17.1 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 Work Health and Safety Act 2011.
14.17.2 The
Commissioner is to temporarily adjust the employee’s working conditions or
hours of work to avoid exposure to risk as follows:
14.17.2.1 Where a female
employee is confirmed pregnant she is to notify the
Regional Commander or Officer-in-Charge as soon as possible who will, in turn,
direct that she be withdrawn from operational firefighting duties.
14.17.2.2
14.17.2.2.1 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.
14.17.2.2.2 Employees will be
provided with a maternity uniform for use when appropriate.
14.17.2.3 An employee on
maternity leave who gives birth to a living child shall not resume operational
firefighting duties until thirteen 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 Health Physician.
14.17.2.4 Duties other than
fire fighting may be undertaken after six weeks
following the birth of the child, if endorsed by the Occupational Health
Physician.
14.17.2.5
14.17.2.5.1 Upon withdrawal
from operational firefighting duties alternate work of a suitable nature is to
be provided.
14.17.2.5.2 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.
14.17.3 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.
14.17.4 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.
14.18 Special Maternity Leave and Sick Leave
14.18.1 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:
14.18.1.1 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.
14.18.1.2 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.
14.19 Special Adoption Leave
14.19.1 An
employee who is seeking to adopt a child is entitled to up to two days unpaid
leave if the employee requires that leave to attend compulsory interviews or
examinations as part of the adoption procedure.
14.20 Right to request
14.20.1 An
employee entitled to parental leave may request the employer to allow the
employee:
14.20.1.1 to extend the
period of simultaneous parental leave up to a maximum of eight weeks;
14.20.1.2 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.
14.20.2 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.
14.20.3 Employee’s
request and the employer’s decision to be in writing:
The employee’s request and the employer’s decision made under 14.20.1
and 14.20.2 must be recorded in writing.
14.21 Communication during parental leave
14.21.1 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:
14.21.1.1 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
14.21.1.2 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.
14.21.2 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.
14.21.3 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 subclause 14.21.1.
15. Carer’s Leave
15.1 Use of Sick Leave
15.1.1 An
employee with responsibilities in relation to a class of person set out in subclause
15.1.3.2, 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 15, 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.
15.1.2 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.
15.1.3 The
entitlement to use Sick Leave in accordance with this clause is subject to:
15.1.3.1 The employee being
responsible for the care of the person concerned.
15.1.3.2 The person concerned
being:
15.1.3.2.1 A spouse of the
employee.
15.1.3.2.2 A de facto spouse
who, in relation to a person, is a person of the same or 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.
15.1.3.2.3 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.
15.1.3.2.4 A relative of the
employee who is a member of the same household where, for the purposes of this
subclause:
15.1.3.2.4.1 “Relative” means a
person related by blood, marriage or affinity.
15.1.3.2.4.2 “Affinity” means a
relationship that one spouse, because of marriage, has to
blood relatives of the other.
15.1.3.2.4.3 “Household” means
a family group living in the same domestic dwelling.
15.1.4 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.
15.2 Unpaid Leave for Family Purpose
15.2.1 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 15.1.3.2, who is ill.
15.3 Annual Leave
15.3.1 An
employee may elect, with the consent of the employer to take annual leave not
exceeding ten days in single-day periods, or part thereof, in any calendar year
at a time or times agreed by the parties.
15.3.2 An
employee may elect with the employers agreement to
take annual leave at any time within a period of 24 months from the date at
which it falls due.
16. Sick Leave
16.1 In every case of illness or incapacity
sustained by an employee whilst off duty, the following conditions shall apply.
16.2 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.
16.3 Subject to the provisions of subclause 16.8,
such employee shall forward to their immediate supervisor, 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, furnish a further medical certificate to the
effect that the employee has recovered from the illness or incapacity and is
fit for duty, unless a person authorised by the Commissioner dispenses with
this requirement.
16.4 If so required, such employee shall submit
to an examination by, or arranged by, the Department’s medical officer.
16.5 Every employee who is absent from duty for a
period of more than twenty-eight days will have their case reviewed 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.
16.6 The granting of Sick Leave, the duration thereof
and the pay, if any, for the same shall be on the following basis:
16.6.1 One
week paid sick leave for each year of service, cumulative, less any paid Sick
Leave taken, to a maximum of twenty six weeks.
16.6.2 Sick
Leave beyond that provided for in subclause 16.6.1 shall be Sick Leave without
pay.
16.6.3 Payment
for Sick Leave shall be calculated on the weekly average of the total amount
paid by the Department to the employee for the twelve months immediately prior
to the date on which leave is commenced excluding any periods of Special Leave
Without Pay, unpaid leave and/or suspension.
For the purposes of this subclause, "total amount" shall
include all payments made to the employee by the Department excluding the RTAS
Allowance and payments made as compensation or reimbursement for expenses (eg. payments for meals, accommodation and for kilometres
travelled).
16.7 Where payment has been made for sick leave,
under this clause, to an employee whose sick leave entitlement has already been
exhausted, or whose right to sick leave is not established, the Department may
deduct the amount overpaid from any future payments made to the employee
concerned in accordance with the provisions of subclause 6.13.
16.8 Employees
are entitled to take unsupported sick leave absences, where no medical
certificate is required, subject to the following provisions:
16.8.1 Such
absences may not exceed 3 separate days in any calendar year;
and
16.8.2 Such
absences may not be taken on consecutive days; and
16.8.3 Such
absences may not be taken on public holidays; and
16.8.4 Such
absences may not be taken in relation to any matter that may be covered by
workers’ compensation.
16a. Domestic and Family
Violence Leave
16a.1 The definition of domestic violence is found in
clause 4, Definitions of this Award;
16a.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:
i.
seeking safe accommodation;
ii.
attending medical, legal police or counselling appointments
relating to their experience of domestic and family violence;
iii.
attending court and other legal proceedings relating to
their experience of domestic and family violence;
iv.
organising alternative care or education arrangements for
their children; or
v.
other related purposes approved by the employer.
16a.3 The leave entitlement can be accessed without the
need to exhaust other existing leave entitlements first.
16a.4. When approving leave, the Department needs to be
satisfied, on reasonable grounds, that domestic and family violence has
occurred, and may require proof such as:
i.
an agreed document issued by the Police Force, a court, a
domestic violence support service or a member of the legal profession;
ii.
a provisional, interim or final
Apprehended Violence Order (AVO), certificate of conviction or family law
injunction; or
iii.
a medical certificate.
16a.5 Part-time employees will be entitled to the leave on a
pro-rata basis
16a.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.
16a.7 Personal
information concerning domestic and family violence will be kept confidential
by the Department
16a.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.
17. Special Leave for Union
Activities
17.1 Attendance at Union Conferences/Meetings
17.1.1 Employees who are members of the Union and accredited
by the Union as a delegate (including persons who have been elected to office
of the Union) are entitled to special leave with pay to attend the following:
17.1.1.1 Annual or bi-annual conferences of the
Union.
17.1.1.2 Annual conferences of the United
Firefighters Union of Australia;
17.1.1.3 Meetings of the Union’s
Executive/Committee of Management;
17.1.1.4 Annual conference of Unions NSW;
17.1.1.5 Bi-annual conference of the Australian
Council of Trade Unions; and
17.1.1.6 Meetings of the Death and Disability
Board of directors.
17.1.2 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:
17.1.2.1 Establishing accreditation as a
delegate with the Union.
17.1.2.2 Providing sufficient notice of absence
to the Department.
17.1.2.3 Lodging a formal application for
special leave.
17.1.3 Such leave is also subject to the Union:
17.1.3.1 Providing documentary evidence to the
Department about an accredited delegate in sufficient time to enable the
Department to make arrangements for performance of
duties.
17.1.3.2 Meeting all travelling, accommodation
and any other costs incurred for the accredited delegate.
17.1.3.3 Providing the Department with
confirmation of attendance of the accredited delegate.
17.1.4 Providing the provisions of this clause are
satisfied by both the employee and the Union, the Department shall:
17.1.4.1 Release the accredited delegate for
the duration of the conference or meeting.
17.1.4.2 Grant special leave (with pay).
17.1.4.3 Ensure that the duties of the absent
delegate are performed in his/her absence, if appropriate.
17.1.5 Period of Notice -
17.1.5.1 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.
17.1.5.2 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.
17.1.6 Travel Time -
17.1.6.1 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.
17.1.7 Payment -
17.1.7.1 An employee entitled to special leave
in terms of this clause shall, for the period of such special leave, be deemed
to have attended any incident, drill or other authorised duties which occurred
at the employee’s Brigade during such leave, and be paid accordingly.
17.1.8 Special leave in terms of this clause shall
count as service for all purposes.
17.1.9 Availability of Special Leave -
17.1.9.1 Special leave shall not be available
to employees whilst they are on any period of other leave.
17.2 Attendance at Courses/Seminars Conducted or
Supported by Trade Union Education Foundation (TUEF).
17.2.1 Except
where inconsistent with the provisions of subclause 17.2, the provisions of
subclause 17.1 of this clause shall also apply to attendance at courses or
seminars conducted or supported by TUEF.
17.2.2 Up
to a maximum of twelve days in any period of two years may be granted to
employees who are members of the Union.
17.2.3 The
grant of leave to attend courses or seminars conducted or supported by TUEF, is
subject to the following conditions:
17.2.3.1 Departmental operating requirements
permit the grant of leave and the absence does not result in working of
overtime by other employees.
17.2.3.2 Expenses associated with attendance at
such courses or seminars, eg. fares, accommodation,
meal costs, etc., will be required to be met by the employee concerned but,
subject to the maximum prescribed in subclause 17.2.2, special leave may
include travelling time necessarily required to attend courses or seminars.
17.2.3.3 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.
17.3 Union
officers and staff
17.3.1 Employees
who are selected, by election or appointment, to hold a position of full time
employment with the Union or an honorary office on the Union’s State Committee
of Management may, upon request, have such dates and times as were reasonably
necessary for them to perform their Union duties excluded in accordance with
subclause 28.2 when determining their levels of attendance.
18. Court Attendance Entitlements
18.1 The provisions of this clause shall apply to
employees attending Court (which term shall include any related conferences) as
a:
18.1.1 Result of the duties performed by the employee
in the employee’s position with the Department, including attendance at an
incident.
18.1.2 Witness for the Crown but not as a result of the duties performed by the employee in the
employee’s position with the Department.
18.1.3 Witness in a private capacity.
18.2 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.
18.2.1 Such attendance shall be regarded as attendance
in an official capacity and uniform must be worn.
18.2.2 Other than monies paid as reimbursement for
loss of income as an employee of the Department, employees may retain all
monies paid in connection with their attendance as a witness.
18.2.3 In addition to any monies to which an employee
may be entitled pursuant to subclause 18.2.2, employees shall be paid at the
rate applicable to the employee’s classification, from the time the employee is
required to attend Court to the time on that day that the employee is no longer
required by the Court.
18.2.4 Travelling time and travel expenses in excess of any compensation therefor paid by the Court or
other party shall be compensated in accordance with clause 19, Travelling
Compensation.
18.2.5 Where the employee is recalled to duty to
attend Court while on Annual or Long Service Leave, such employee shall be
recredited with a full days leave, for each day or
part thereof.
18.2.6 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 shall be recredited and the entitlements provided
for in subclauses 18.2.2, 18.2.3 and 18.2.4 shall apply.
18.3 Where an Employee Attends Court
18.3.1 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; or as a witness in a Private Capacity,
(i.e., not subpoenaed by the Crown):
18.3.1.1 The employee shall only be entitled to
Special Leave Without Pay from the Department to attend Court.
18.3.1.2 Any claim for reimbursement of
expenses, compensation for travelling time, lost income etc. is to be made by
the employee to the Court and/or the party issuing the subpoena. The employee may retain all monies paid as a consequence of such claims.
18.4 An
employee who attends jury duty is entitled to Special Leave Without Pay for the
duration of the jury duty if attending court affects their availability to turn
out. This leave is available whether or not the
employee accepts jury fees.
19. Training Course Attendance Entitlements
19.1 The provisions of this clause shall apply to
attendance at training programs (other than regular drills) delivered by, on
behalf of, or approved by the Department.
19.2 Accommodation
19.2.1 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.
19.2.2 Where Departmental accommodation is not
provided to an employee with an entitlement to accommodation, the relevant
accommodation provisions prescribed by clause 20, Travelling Compensation,
shall be paid.
19.2.3 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.
19.2.4 Notwithstanding the provisions of this
subclause, 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.
19.3 Meals
19.3.1 All employees attending training programs which
extend for a whole day shall be provided with morning/afternoon tea and lunch.
19.3.2 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 20, Travelling Compensation.
19.3.3 Employees who are not required to accommodate
themselves overnight shall, where appropriate, be paid the relevant meal
allowances prescribed by clause 20, Travelling Compensation.
19.3.4 Meal allowances are not payable during times at
which an accommodation allowance (as prescribed in subclause 19.2.2) has been
paid. A component of the accommodation allowance compensates for the costs
associated with breakfast, lunch and evening meals.
19.4 Incidentals
19.4.1 Employees who are provided with Departmental
accommodation shall be entitled to claim the appropriate incidental allowance
as prescribed by clause 20, Travelling Compensation.
19.4.2 The incidental allowance cannot be claimed for
any day during which an accommodation allowance referred to in subclause
19.2.2, 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.
19.5 Travelling Time
19.5.1 Compensation shall be in accordance with Clause
20, Travelling Compensation.
20. Travelling Compensation
20.1 Travelling Time - When an employee is
required to travel for purposes other than attending regular drills or
incidents, the employee may apply for payment, at the rate applicable to the
employees’ classification, for time spent travelling subject to the following:
20.1.1 Where the employee 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.
20.1.2 Travelling time does not include time spent
taking a meal when the employee stops a journey to take the meal.
20.1.3 Travelling time shall be calculated by
reference to the use of the most practical and economic means of transport.
20.1.4 Payment will not be made or allowed for more
than eight hours in any period of twenty-four hours.
20.1.5 Where an employee is in receipt of the
kilometre allowance prescribed at Entitlement Code “KM” of Table 3 of Part B,
such employee shall not be entitled to claim compensation for travelling time.
20.2 Meal Allowances - When an employee is
required to perform official duty at a temporary work location, other than
attendance at incidents or regular drills, 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:
20.2.1 For breakfast when required to commence travel
at/or before 0600 hours, the amount set at Item 1 of Table 5 of Part B.
20.2.2 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 2 of Table 5 of Part B, or an amount equivalent to the additional
expense, whichever is the lesser.
20.2.3 For an evening meal when required to work or
travel until or beyond 1830 hours, an amount set at Item 3 of Table 5 of Part
B.
20.2.4 Meal Allowances shall not be paid where the
employee is provided with an adequate meal.
20.3 Accommodation Allowances - When an employee
is required to perform official duty at a temporary work location, other than
attendance at incidents or regular drills, 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:
20.3.1 For the first thirty five
calendar days, the appropriate amounts set at Item 4 of Table 5 of Part B.
20.3.2 The actual necessary expenses for meals and
accommodation (actuals), together with incidental expenses as appropriate, set
at Item 5 of Table 5 of Part B. The
necessary expenses do not include morning and afternoon tea.
20.3.3 After the first thirty five calendar days and
for up to six months an employee shall be paid an allowance at the rate set at
Item 6 of Table 5 of Part B 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:
20.3.3.1 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.
20.3.3.2 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.
20.3.4 The capital city rate shall apply to Sydney as
bounded by the GSA.
20.3.5
20.3.5.1 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.
20.3.5.2 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.
20.4 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 7 of Table 5,
of Part B 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.
20.5 Additional Provisions
20.5.1 Unless specifically provided for in Clause 19,
Training Course Attendance Entitlements or Clause 18, Court Attendance
Entitlements, the provisions of this clause shall not apply in the
circumstances provided for by those clauses.
20.5.2 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 total time of absence
will exceed 13 hours, the employee may be directed or may request that the
employee reside temporarily at a place other than the employee’s residence. In
such cases, employees shall be entitled to the accommodation allowances or
reimbursement of expenses, as appropriate.
20.5.3 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.
20.5.4 When an employee in receipt of an accommodation
allowance is granted 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. No taxi fares or other incidental expenses are payable.
20.5.5 Employees shall be entitled, subject to
Departmental approval, to use either their private vehicle or public transport
on the following basis:
20.5.5.1 Reimbursement is not to be paid for a
journey if an official motor vehicle is used for the journey.
20.5.5.2 Where employees are granted approval
to use their private vehicles, such employees shall receive the kilometre rate,
set at Entitlement Code “KM” of Table 3 of Part B, for the actual distance
necessarily and reasonably travelled. Employees in receipt of the rate set at
Entitlement Code “KM” of Table 3 of Part B, shall not be entitled to the
provisions of subclause 20.1, Travelling Time.
20.5.5.3 Employees who are required to utilise
public transport shall be reimbursed the necessary costs incurred.
20.5.5.4 The Commissioner is to consider the
convenience of the employee when an employee is required to travel to a
temporary work location.
20.5.5.5 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 travel time and payment of allowances is reasonably
minimised.
20.5.6 Where a meal allowance or an 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:
20.5.6.1 The Commissioner may require the
production of receipts or other proof that expenditure was incurred.
20.5.6.2 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.
20.5.6.3 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.
20.6 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.
20.6.1 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.
20.6.2 In
assessing claims for 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, eg. 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.
20.6.3 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.
20.7 The amounts set at Items 1 to 7 in Table 5
of Part B, 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).
21. Transfers
21.1 Subject to satisfactory attendance and
service and the employee meeting Departmental residential guidelines, an
employee may apply for a transfer from one Retained Brigade to another Retained
Brigade.
21.2 In the event that the station to which the
transfer is sought does not have a vacancy, the Department may appoint such
employee as a supernumerary. Where an
employee is not appointed as a supernumerary, such employee shall be placed on
an eligibility list for appointment at the station when a vacancy arises.
21.3 Where a transfer does not result in a break
in service, the employee’s service shall be regarded as continuous.
21.4 Any employee transferred from one Retained
Brigade to another Retained Brigade shall not be entitled to compensation or
reimbursement of expenses in relation to that transfer.
21.5 When an employee is
transferred to a new brigade, the employee’s seniority in the new brigade will
be determined as if that employee had always been with the new brigade, that
is, by length of continuous service with FRNSW.
21.6 Employees holding the rank
of Captain or Deputy Captain must relinquish that rank before they transfer,
whereupon they will be placed in the new brigade in accordance with subclause
21.5.
22. Procedures Regarding Reports and Charges
22.1 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 48 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.
22.2 The employee also shall be allowed to give
and to call evidence on the employee’s own behalf and to hear review all
evidence given.
22.3 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.
22.5 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 therefor, in writing, is made by the employee.
22.6 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.
22.7 For the purposes of this clause “Senior
Officer” means the employee’s Senior Officer or an Officer of a higher rank.
23. Acknowledgment of Applications and Reports
23.1 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.
23.2 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.
23.3 The provisions of this clause shall not
apply in cases where other procedures are specifically stipulated (eg. in Standing Orders or Commissioners Orders).
24. Training and Staff Development
24.1 The parties confirm their commitment to training
and staff development for employees of the Department.
24.2 Employees covered by this Award shall be
required to complete appropriate training to improve the productivity and
efficiency of the Department’s operations.
24.3 Employees shall be required to complete
training in accordance with competency requirements as determined by the
Commissioner.
24.4 An employee may be directed to carry out any
duties appropriate to the employee’s classification that are within the
employee’s level of skill, competence and training,
provided that such direction does not promote deskilling.
24.5 Training
Review Committee (TRC)
24.5.1 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.
24.5.2 The
structure of the TRC will consist of 3 representatives of the Department and 3
representatives of the Union.
24.5.3 The
Chairperson of the Committee will alternate every 12 months between a nominee of
the Department and the Union.
24.5.4 The
role of the TRC will include (but not be limited to):
24.5.4.1 advising
the Commissioner on the further development of training throughout Fire and Rescue NSW;
24.5.4.2 overseeing
the implementation of a Competency Based Training regime throughout Fire and
Rescue NSW;
24.5.4.3 considering
Recognised Prior Learning (RPL) policy generally and in
particular, it will consider individual applications for RPL.
24.5.5 Procedure
24.5.5.1 The
TRC will meet at least once every four weeks, or as otherwise agreed between the parties.
24.5.5.2 Members
of the TRC shall 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.
24.5.5.3 The
TRC will be adequately resourced by the Department so that it can effectively
fulfil the above roles.
24.5.6 The
Commissioner is not bound to accept the advice of the TRC and may act
independently of the TRC to implement changes to training within Fire and
Rescue NSW provided that notice of any such decision to implement change is
notified in accordance with clause 27.6, in which case clauses 27.7 to 27.9
inclusive shall apply.
25. Protective Clothing and Uniforms
25.1 For the purpose of this Clause:
25.1.1 “Personal Protective Equipment” means external
clothing designed for personal protection at an incident.
25.1.2 “Duty Wear” means duty wear trousers and duty
wear shirt.
25.1.3 “Dress Uniform” is limited to Dress Trousers,
Slacks, Culottes, Skirts, Galatea and Pullover.
25.2 The Department shall supply to all employees
two sets of appropriate Personal Protective Equipment and Duty Wear which shall
meet relevant National and/or International Standards, or as otherwise agreed
to with the Union.
25.3 Employees supplied with the above clothing
shall wear it in accordance with Departmental instructions.
25.4 The provision of wet weather gear shall be
in accordance with existing practice.
25.5 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.
25.6 When an employee retires, resigns
or is terminated, the Personal Protective Equipment issued to that employee
shall be returned to the station to which the employee was attached. As much of
that returned Personal Protective Equipment shall be retained at the station as
is necessary to maintain an emergency supply of spare Personal Protective
Equipment, provided that only properly fitting, cleaned and treated structure
coats and overtrousers may be re-issued to another
employee and further, that all new employees will be supplied with at least one
new complete set of PPE regardless.
26. Disputes Avoidance Procedures
26.1 Subject to the provisions of the Industrial
Relations Act 1996, and Clause 27.2, and to enable claims, issues
and disputes to be resolved while work proceeds normally, the following
procedures are to apply.
26.2 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.
26.3 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.
26.4 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.
26.5 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.
26.6 No action is to be taken by the Union which
would affect the Department’s operations whilst a dispute is under
investigation.
26.7 Failing agreement the claim, issue or
dispute may be referred to the appropriate Industrial Tribunal.
27. Organisational Change under subclause 27.2
27.1. This clause recognises the capacity of the
Commissioner to make decisions to effect change within the Department.
27.2
27.2.1 This clause applies to consultation and decisions
regarding clause 24 (Training and Staff Development) and clause 30 (Alcohol and
Other Drugs), to the exclusion of the procedures under clause 26.
27.2.2 This clause also applies in circumstances
where the Commissioner decides to amend, revoke or
replace the Procedural Guidelines specified in Part 4 of the Fire Brigades
Regulation 2014.
27.2.3 This
clause also applies to any proposal by the Department which will result in, or
is likely to result in, a substantial and ongoing reduction in the work
collectively available to a brigade’s employees.
27.3 Prior to making any decision to effect
change under the specified clauses the Commissioner must consult with the
Union.
27.4 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.
27.5 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.
27.6 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.
27.7 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 27.6, there will be no
implementation of the change for a further 14 days from the date of
notification, subject to any orders of the Industrial Relations Commission.
27.8 The Union and the Commissioner shall be
bound by any order or determination of the Industrial Relations Commission in
relation to the dispute.
27.9 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 27.7 ceases to operate.
28. Attendance and Availability Requirements
28.1 The following attendance guidelines shall
apply to employees covered by this Award:
28.1.1 Attendance at Incidents -
28.1.1.1 Employees are required to attend a
minimum of 33% of all calls received by the employee’s brigade in any six month period.
28.1.1.2 Employees are also required to attend
a minimum of 80% of all calls received by the employee’s brigade during periods
of compulsory availability in any four week period.
28.1.2 Attendance at Drills - Employees are required
to attend a minimum of 75% of all regular drills conducted at their brigade in
any six month period.
28.2 Any calls received
or drills conducted during a period of approved leave or authorised absence
will not be included as part of any relevant minimum levels as outlined in
subclause 28.1. In effect, attendance percentages will be paused completely
during any period of approved leave or authorised absence.
28.3 In cases where an employee’s attendance
falls below the requirements prescribed by subclause 28.1, the employee’s Area
Commander shall notify the employee in writing of such deficiency and inform
the employee that his/her attendance will be monitored over the next 3 months.
If the employee’s attendance does not meet the required levels pursuant to
subclause 28.1.1 for that 3 month period then
disciplinary action may be initiated.
28.4 Employees who have been notified in terms of
subclause 28.3 may make application to the Commissioner for special
consideration.
28.5 The attendance requirements referred to in
subclause 28.1 may be altered by agreement between the Department and the
Union.
28.6 Compulsory
Availability
28.6.1 Employees
are required to declare a minimum number of hours during which they will be
available to respond over the course of the coming week, and the days and times
upon which this declared availability will apply. The minimum number of hours
required of each employee shall be known as compulsory availability,
and shall be determined by their current Retainer as provided at
subclause 6.3.1.1.
28.6.2 Subject to subclauses 28.6.3 and 28.6.4, the day(s)
and time(s) of any period(s) of compulsory availability shall be determined by
the firefighter in consultation with their Captain and the other employees
attached to their brigade and confirmed by each employee using an agreed system
or, if the Department and Union are not agreed, a system determined by the
Industrial Relations Commission.
28.6.3 Employees
who have not declared their compulsory availability for the requisite number of
hours for the week commencing 0001 hours Friday by 1800 hours on the Wednesday
immediately beforehand may be allocated the day(s) and time(s) of their
period(s) of compulsory availability for the coming week by the Duty Commander
in consultation, if practicable, with the brigade’s Captain, provided that an employee on the Standard
Retainer cannot be assigned to a Weekday Retainer period without their consent.
28.6.4 If
by 1800 hours on the Wednesday it is found that a surplus number of employees
have declared their availability for a particular period then the Duty
Commander may select the surplus employee(s) and allocate alternate day(s) and
time(s) of compulsory availability for the employee(s) in consultation, if
practicable, with them and the brigade’s Captain, provided that an employee on the Standard Retainer may not be reassigned to a Weekday Retainer period
without their consent.
28.6.5 The
surplus number of employees referred to in subclause 28.6.4 shall be determined
by reference to the following table:
Minimum number of employees required to maintain safe and effective
staffing
|
Surplus number of employees for the
purpose of subclause 28.6.4
|
2
|
3 or more
|
4
|
6 or more
|
6
|
8 or more
|
8
|
10 or more
|
28.6.6 An employee
who has declared a particular day(s), time(s) and/or period(s) of availability
for the coming week may subsequently arrange a mutual exchange with another
employee provided that the minimum
number of hours required of the employee by subclause 28.6.1 will still be met
and further, that the exchange
receives the prior approval of the brigade’s Captain or Deputy Captain.
28.6.7 An
employee who has been allocated a particular day(s), time(s) and/or period(s)
of availability for the coming week pursuant to subclause 28.6.3 may apply to
have such day(s), time(s) and/or period(s) varied, either in whole or in part,
by written application to the Duty Commander, but must maintain that allocated
availability unless and until advised otherwise by the Duty Commander.
29. Attendance at Major
Emergencies
29.1 The provisions of this clause shall apply to
those employees who attend a Major Emergency which has, following specification
as such by the Commissioner, been deemed to attract such entitlements.
29.2 Travel Entitlements
29.2.1 Employees
who are required to collect their firefighting uniform from the station shall
be paid in accordance with subclause 9.1.1.1.
29.2.2 Employees
who are required to use their private vehicle to attend the incident or a “pick
up point” that is not at their station, shall be paid at the rate prescribed at
Entitlement Code “KM” of Table 3 of Part B, for the return distance from the
station to the incident or pick up point.
29.2.3 Employees
who are provided with transport for any part of the forward and return journeys
between their residence and the incident shall be entitled to be paid
travelling time at the appropriate rate of pay for the employee’s
classification for the time spent travelling, provided that:
29.2.3.1 Travelling Time shall not be paid for
any part of a journey where the employee received payment under subclauses
29.2.1 or 29.2.2 of this Award; and
29.2.3.2 Travelling Time for the forward journey
shall be calculated as being the total time between departure from the station
or pick up point to arrival at the incident; and
29.2.3.3 Travelling Time for the return journey
shall be calculated as being the total time between departure from the incident
to arrival at the pick up
point or station.
29.3 Accommodation Entitlements
29.3.1 Employees
who reside further than 50 kilometres from the scene of the major emergency
shall be entitled to be provided with appropriate accommodation where their attendance
at the emergency extends beyond a single day or in such cases where it would be
unreasonable to travel at the conclusion of duty.
29.3.2 Notwithstanding
the provisions of subclause 29.3.1, the Commissioner may grant approval to
provide appropriate accommodation to employees who reside within 50 kilometres
of the scene of a major emergency.
29.3.3 Employees
who are provided with accommodation shall be entitled to claim the incidental
allowance prescribed at Item 7 of Table 5 of Part B, for each day of
attendance.
29.3.4 Employees
who have an entitlement to accommodation but are not provided with appropriate
accommodation shall be entitled to claim an accommodation allowance in
accordance with subclause 20.3.
29.4 Meals
29.4.1 Employees
shall be provided with substantial meals for breakfast, lunch
and dinner throughout the period of attendance at a major emergency.
29.4.2 Where
meals are not provided to employees in accordance with subclause 29.4.1, an
allowance set at Entitlement Code “MA” of Table 3 of Part B shall be paid.
29.4.3 Where
employees are required to work between the meals provided for in subclause
29.4.1, such employees shall be entitled to the refreshments and meals
prescribed by subclause 8.1.
29.5 Payment for time spent in Attendance
29.5.1 Where an employee’s period of attendance at a
major emergency is less than 48 hours, such employee shall be paid at the
appropriate rate of pay for the employee’s classification for the entire period
of attendance.
29.5.2 Where an employee’s period of attendance at a
major emergency is greater than 48 hours, such employee shall be paid at the
appropriate rate of pay for the employee’s classification for the following
periods:
29.5.2.1 on the day of departure from the employees’
residence, the period from the time of departure to 2400 Hrs; and
29.5.2.2 on the day of arrival at the
employees’ residence following attendance at the major emergency, the period
from 0000 Hrs to the time of arrival; and
29.5.2.3 for the period between the day of
departure to and the day of return from attendance at a major emergency, all
time less any periods of down time, provided that employees will receive
payment of a minimum of 16 hours per day.
29.5.3 For
the purposes of this subclause the “period of attendance at a major emergency”
shall mean the entire period from the time of departure from the employee’s
residence until the time of return to the employee’s residence following
attendance at the emergency.
29.5.4 For
the purposes of this subclause “periods of down time” shall mean periods of not
less than 8 consecutive hours where employees are neither performing
operational duties nor on stand by
to perform such duties.
30. Alcohol and Other Drugs
30.1 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.
30.2 The Department may develop a new Protocol,
or revised policy or procedures following consultation between the Department
and the Union.
31. Salary Packaging Arrangements, Including
Salary Sacrifice to Superannuation
31.1 The entitlement to salary package in
accordance with this clause is available to permanent part-time employees.
31.2 For the purposes of this clause:
31.2.1 “salary”
means the salary or rate of pay prescribed for the employee’s classification by
clause 6, Rates of Pay and Allowances, Part B of this Award, and any other
payment that can be salary packaged in accordance with Australian taxation law.
31.2.2 “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.
31.3 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:
31.3.1 a
benefit or benefits selected from those approved by the Industrial Relations
Secretary; and
31.3.2 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.
31.4 An election to salary package must be made
prior to the commencement of the period of service to which the earnings
relate.
31.5 The agreement shall be known as a Salary
Packaging Agreement.
31.6 Except in accordance with subclause 31.7, 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.
31.7 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:
31.7.1 paid
into the superannuation fund established under the First State Superannuation
Act 1992; or
31.7.2 where
the Department is making compulsory employer superannuation contributions to
another complying superannuation fund, paid into the same complying fund; or
31.7.3 subject
to the Department’s agreement, paid into another complying superannuation fund.
31.8 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.
31.9 Where the employee makes an election to
salary package and where the employee is a member of a superannuation scheme
established under the:
31.9.1 Police
Regulation (Superannuation) Act 1906;
31.9.2 Superannuation
Act 1916;
31.9.3 State
Authorities Superannuation Act 1987; or
31.9.4 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.
31.10 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 31.9 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.
31.11 Where the employee makes an election to salary
package:
31.11.1 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
31.11.2 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 B of this Award if the Salary Packaging Agreement had not
been entered into.
31.12 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.
31.13 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.
32. Employees’ Duties
32.1 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:
32.1.1 the
direction is reasonable, and
32.1.2 the
direction is not otherwise inconsistent with a provision of this Award.
32.2 Any direction issued by the Department
pursuant to subclause 32.1 shall be consistent with:
32.2.1 the
provision of a safe and health working environment,
32.2.2 ensuring
that the Department responds to relevant technological changes and changes in
its operating environment in a timely and effective manner.
32.3 The parties to this Award shall work
collaboratively to ensure the effective and reasonable operation of this clause.
33. Anti-Discrimination
33.1 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.
33.2 It follows that in fulfilling their
obligations under the Disputes Avoidance Procedures prescribed by Clause 26,
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.
33.3 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.
33.4 Nothing in this Clause is taken to affect:
33.4.1 any
conduct or act which is specifically exempted from anti-discrimination legislation;
33.4.2 offering
or providing junior rates of pay to persons under 21 years of age;
33.4.3 any
act or practice of a body established to propagate religion which is exempted
under section 56(d) of the Anti-Discrimination Act 1977;
33.4.4 a
party to this Award from pursuing matters of unlawful discrimination in any
State or Federal jurisdiction.
33.5 This
Clause does not create legal rights or obligations in addition to those imposed
upon the parties by legislation referred to in this Clause.
34. No Extra Claims
34.1 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.
34.2 The
terms of subclause 34.1 do not prevent the parties from taking any proceedings
with respect to the interpretation, application or
enforcement of existing award provisions.
35. Area, Incidence and
Duration
35.1 This Award rescinds and replaces the Crown
Employees (Fire and Rescue NSW Retained Firefighting Staff) Award 2020.
35.2 This Award shall take effect on and from 26
February 2021 and shall remain in force until 25 February 2022.
PART B
MONETARY RATES
The following retainers, rates of pay and allowances are
effective on and from the dates shown.
Table 1 – Retainers
Clause
|
Retainers per fortnight
|
Retainer Level
|
Code
|
26 February 2021$
|
6.3
|
Firefighters (all)
|
Base
|
A
|
73.77
|
50%
|
B
|
$147.54
|
75%
|
C
|
221.30
|
100%
|
D
|
295.07
|
Deputy
Captains (all)
|
Base
|
E
|
122.95
|
50%
|
F
|
163.93
|
75%
|
G
|
245.90
|
100%
|
H
|
327.86
|
Captains (all)
|
Base
|
I
|
137.70
|
50%
|
J
|
183.61
|
75%
|
K
|
275.41
|
100%
|
L
|
367.21
|
Table 2 – Rates of Pay
Clause
|
Description
|
Code
|
26
February 2021$
|
6.3
|
Recruit Firefighter
|
1st hour
|
M
|
31.23
|
Each further ½ hour or part
|
N
|
15.62
|
Firefighter
|
1st
hour
|
O
|
35.14
|
Each
further ½ hour or part
|
P
|
17.57
|
CFR Firefighter
|
1st hour
|
Q
|
37.60
|
Each further ½ hour or part
|
R
|
18.80
|
Deputy
Captain
|
1st
hour
|
S
|
39.04
|
Each
further ½ hour or part
|
T
|
19.52
|
CFR Deputy Captain
|
1st hour
|
U
|
41.77
|
Each further ½ hour or part
|
V
|
20.89
|
Captain
|
1st
hour
|
W
|
43.72
|
Each further
½ hour or part
|
X
|
21.86
|
CFR Captain
|
1st hour
|
Y
|
46.78
|
Each further ½ hour or part
|
Z
|
23.39
|
6.7.1
|
Relief
Duties,
all
ranks
|
1st
three hours
|
RD3
|
196.32
|
Each
further hour
|
RDH
|
78.54
|
6.8.1
|
Royal Easter Show
|
Firefighters (all) per hour
|
RASF
|
54.34
|
Deputy Captains (all) per hour
|
RASDC
|
58.24
|
Captains (all)
per hour
|
RASC
|
62.92
|
Table 3 - Allowances
Clause
|
Description
|
Code
|
26 February 2021$
|
6.8a.1
|
ComSafe duties
|
per
hour
|
83.35
|
6.9
|
RTAAS Allowance
|
per fortnight
|
RTAS
|
16.51
|
6.7.3,
9
(all),
20.5.5,
29.2
|
Kilometre Allowance
|
per kilometre
|
KM
|
1.34
|
8.2.2, 8.3.1,
29.4.2
|
Meal Allowance
|
per meal
|
MA
|
$31.95
|
8.2.1,
8.3.1
|
Refreshment Allowance
|
per meal
|
RA
|
$16.00
|
Note 1: The amounts marked (#) are
subject to adjustment on 1 July each year in accordance with subclause 8.3.
Table 4 - Authorised Duties
Attendance at:
- Bushfire Management Committee Meetings
- Local/District Emergency Management Committee Meetings
- Local Government Meetings
- Zone/Regional conferences and information days
- Other such meetings as authorised by the Department.
Completion of Fire
Reports where insufficient time available at the conclusion of calls
Testing of Fire
Alarms
Attendance at
station to enable service and maintenance work to be carried out
Station
maintenance (i.e. lawn mowing, cleaning, BA and
equipment checks)
Performance of
Engine Keeper duties
Transporting FRNSW
equipment in private vehicle
Restowing of
Firefighter vehicles
Hose Repairs
Transporting a
Firefighting Vehicle for servicing and/or repairs from the Station to another
location
Recharging of BA
cylinders
Participation in
selection committees
Attendance at PR
activities (i.e. open days, fetes, career markets, information displays, etc.)
Attendance at
Public Education activities (i.e. sessions in schools/community groups, smoke
alarm campaigns)
Participation in
joint training sessions/exercises with other emergency services
Attendance at training
exercises/schools additional to the regular drill program
Hydrant
Inspections
Pre-incident
planning exercises
|
Table 5 - Travelling
Compensation Allowances
Item
|
Clause
|
Description
|
Unit
|
On and from 26 February 2021
|
No.
|
No.
|
1
|
20.2.1
|
Breakfast
|
Per meal
|
##
$28.70
|
^^
$25.75
|
2
|
20.2.2
|
Lunch
|
Per meal
|
##
$32.30
|
^^
$29.35
|
3
|
20.2.3
|
Dinner
|
Per meal
|
##
$55.05
|
^^
$50.65
|
4
|
20.3.1
|
Accommodation
first 35 days
(includes all
meals)
|
Per day
|
|
- Capital Cities
|
$324.45 Sydney
$293.45
Adelaide
$311.45 Brisbane
$304.45 Canberra
$356.45
Darwin
$283.45
Hobart
$309.45 Melbourne
$316.45 Perth
|
|
|
- High Cost
Country Centres
|
$271.45
Bathurst
$281.45
Bega
$301.45 Bourke
$280.45
Broken Hill
$276.45
Coffs Harbour
$276.45
Gosford
$286.45 Mudgee
$284.45 Muswellbrook
$310.45
Newcastle
$326.45
Norfolk Island
$291.45
Orange
$297.45Port
Macquarie
$275.45
Queanbeyan
$280.45Wagga Wagga
$291.45Wollongong
|
|
|
-
Tier 2
Country Centres
- Other Country
Centres
|
$260.15 Albury
$260.15Armidale
$260.15 Cobar
$260.15Cooma
$260.15
Cowra
$260.15Dubbo
$260.15Goulburn
$260.15
Grafton
$260.15Griffith
$260.15Gunnedah
$260.15Lismore
$260.15Nowra
$260.15Tamworth
$260.15Tumut
$240.15
|
5
|
20.3.2 &
29.3.3
|
Actual Necessary Expenses - all locations
|
Per day
|
$20.40
|
6
|
20.3.3
|
Accommodation –
after first 35
days and up to 6 mths
|
Per day
|
50% of the
appropriate
location rate
|
7
|
20.4
|
Incidental
Expenses
|
Per day
|
$20.40
|
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.
|
N. CONSTANT, Chief
Commissioner
J.V. MURPHY, Commissioner
D. SLOAN, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.