Crown Employees (Fire and Rescue NSW Permanent
Firefighting Staff) Award 2021
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Industrial Relations Secretary.
(Case No. 50661 & 54005 of 2021)
Before Chief Commissioner Constant
|
24 August 2021
|
Commissioner Murphy
|
|
Commissioner Sloan
|
|
AWARD
PART A
Clause 1. Introduction
1.1 This Award shall
be known as the “Crown Employees (Fire and Rescue NSW Permanent 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 This Award is in
three Parts as follows:-
Part A - Introduction, Index, Basic Wage, and
Definitions
Part B - Rates of Pay and Conditions of Employment
Part C - Monetary Rates
1.4 Except as
provided by subclause 1.5, the provisions of Part B, Rates of Pay and
Conditions of Employment shall apply to all employees covered by this Award.
1.5 The provisions
of Clause 9 – Overtime, Clause 10 - Meals and Refreshments, Clause 12 – Relieving
Provisions, Clause 16 – Training Course Attendance Entitlements, Clause 19 -
Examination and Assessment leave, Clause 25 - Court Attendance Entitlements,
Clause 27 - Notice of Transfer and Clause 28 - Transfers
Outside the GSA shall not apply to Executive Officers.
2. Index
1. Introduction
2. Index
3. Basic Wage
4. Definitions
5. Intention
6. Rates of Pay and Allowances
7. Higher Duties
8. Hours of Work
9. Overtime
10. Meals and Refreshments
11. Transport
12. Relieving Provisions
12a Interstate and
International Deployments
13. Progression and Promotion Provisions
14. Operational Support Positions
15. Training and Staff Development
16. Training Course Attendance Entitlements
17. Annual Leave
18. Compassionate Leave
19. Examination and Assessment Leave
20. Long Service Leave
21. Parental Leave
22. Carer's Leave
23. Sick Leave
23a. Domestic and Family Violence Leave
24. Special Leave for Union Activities
25. Court Attendance Entitlements
26. Travelling Compensation
27. Notice of Transfer
28. Transfers Outside of the GSA
29. Transferred Employee's Compensation
30. Rental of Premises
31. Protective Clothing and Uniforms
32. Clothes
Drying Facility
33. Cleaning of Clothes
34. Safety Belts
35. Disputes Avoidance Procedures
36 Organisational Change under Clause
36.2
37. Acknowledgment of Applications And Reports
38. Procedures Regarding Reports and
Charges
39. Alcohol and Other Drugs
40. Salary Sacrifice to Superannuation
41. Anti-Discrimination
42. Employees' Duties
43. No Extra Claims
44. Area, Incidence and Duration
3. Basic Wage
This Award, in so far as it fixes rates of wages,
is made by reference and in relation to the adult basic wage currently in force
under Clause 15 of Division 4 of Part 2 of Schedule 4, Savings, Transitional
and other provisions, of the Industrial Relations Act 1996.
4. Definitions
"Agreed Distance" means the relevant distance set
out within the Matrices which appeared at Part E of the Crown Employees (NSW
Fire Brigades Firefighting Staff) Award 2001, or as subsequently amended
pursuant to subclause 12.10, copies of which shall be provided by the Department
to employees in the manner agreed between the Department and the Union.
"Commissioner" means Commissioner of the
Department holding office as such under the Government Sector Employment Act
2013.
"Competency" means the training competencies developed
by the Department following consultation between the Department and the Union
providing the appropriate level of training, or part thereof, for the skill
required to undertake the work for each classification covered by this Award.
"Department" means Fire and Rescue NSW established
by the Fire and Rescue 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.
"Employee" means a person, other than an employee
covered by the Crown Employees (Fire and Rescue NSW Retained Firefighting
Staff) Award, employed in one of the classifications covered by this Award,
as a member of Fire and Rescue NSW in terms of the provisions of the Fire
and Rescue NSW Act 1989. Provided that where "employee" is
referred to in the provisions of this Award which apply exclusively to either
Operational Firefighters, Operational Support Positions or to Executive
Officers, "employee" shall mean only those classifications to which
the exclusive conditions are intended to apply.
"Emergency Meal" means a Long Life Meal Pack
supplied when the provision of a Substantial Meal is not practicable, the basis
of which shall be a self-heating 320g meal that is generally meat based (except
for special diet packs such as vegetarian or vegan packs) and shall also
include one dried fruit or fruit and nut mix (Sunbeam Fruit and Nut 40g, Fruit
on the Go 50g, or similar) and one cheese and biscuits (Uncle Tobys Le Snak Cheddar Cheese 20g,
or similar) or one fruit pack (Goulburn Valley no added sugar 220 g, or
similar) and one 100% fruit juice box (Just Juice 250 ml, or similar).
"Executive Officer" means an employee having the rank
of Chief Superintendent or Superintendent.
"Fire District" has the same meaning as in the Fire
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.
"Major
Aerial Appliance" means a firefighting vehicle equipped with a motorised boom
and/or ladder extension with a reach of more than 18 metres.
"Merit
Selection" means a fair, transparent, impartial process
that assesses the merit of all applicants so that the employee selected is the
applicant who is the most suitable to perform the duties of the vacant
position.
"Minor
Aerial Appliance" means a firefighting vehicle equipped with a motorised
boom and/or ladder extension with a reach of up to and including 18 metres.
"Non-Officer" means an employee classified as a
Recruit, Firefighter,
Qualified Firefighter, Senior Firefighter or Leading Firefighter.
"Officer" means any employee having the rank of Station
Officer or Leading Station Officer.
"Operational Firefighter" means a firefighter
classified as one of the following: Recruit Firefighter; Firefighter; Qualified
Firefighter; Senior Firefighter; Leading Firefighter; Station Officer; Leading
Station Officer; or Inspector.
"Operational Support Position" means a position
classified as such by the Department following consultation between the
Department and the Union and graded using a NSW
Government accredited job evaluation system.
"Outduty" means a period of relief duty
performed by a Non-Officer or Officer, not being a Relieving Employee or the
occupant of an Operational Support position, where the Non-Officer or Officer
either commences and/or ceases their rostered shift at a station/location other
than the station where the Non-Officer or Officer normally reports for duty, or
where the Non-Officer or Officer both commences and ceases their rostered shift
at their own station but performs Stand By duties elsewhere for more than four
hours, but does not include an employee on suitable duties.
"Overtime" means for an Operational Firefighter
all time worked with approval or direction in excess of
the employee's rostered shift.
"Platoon" means a group of employees assigned to a
shift.
"Refreshments" means tea bags, instant
coffee, boiling water, sugar, long life milk, two biscuits and one cereal bar
(any bar from the following list: K Time Twists 37 g bar, All-Bran Baked Bars
40g bar, Uncle Tobys Crunchy Muesli Bars Apricot,
Uncle Tobys Fruit Twist – Apple and Pear, or similar)
or one Goulburn Valley or similar fruit pack 220 g (no added sugar) and
one liquid meal drink (any drink from the following list: Sustagen Sport 250
ml, Up and Go 250 ml, or similar) or one carbohydrate/electrolyte
beverage (Sqwincher
Qwik Serv 42g sachet, or similar).
"Relieving Employee" means an employee serving at
a station while not being permanently attached to any one station.
"Senior Officer" means an employee having the rank
of Inspector.
"Stand By" means a period of relief duty
performed by a Non-Officer or Officer, not being a Relieving Employee or the
occupant of an Operational Support position, where the Non-Officer or Officer
both commences and ceases their rostered shift at their own station but is
temporarily assigned to one or more other stations in the interim for a total
of four or less hours.
"Standard Roster" means the roster prescribed in
subclause 8.3 of Clause 8 of this Award.
"Substantial Meal" means a meal identified in the
Department’s Incident Ground Meals Guide, as published at the date of the
making of this Award, or a meal of a similar nutritional and sensory quality
standard.
"Union" means the Fire Brigade Employees' Union of
New South Wales.
PART B
5. Intention
The intention of this Award is to regulate the rates of pay
and conditions of employment for employees covered by this Award.
6. Rates of Pay and
Allowances
6.1 The provisions
of clauses 6.2 to 6.7 inclusive shall not apply to Executive Officers and the
provisions of subclause 6.8 shall not apply to Operational Firefighters. The
provisions of subclauses 6.9 to 6.17 inclusive shall apply to all employees.
6.2 Operational Firefighters
6.2.1 An
employee shall be paid the rate of pay prescribed for the employee's classification
in Tables 1 and 2 of Part C, Monetary Rates, of this Award.
6.3 Each "Per
Week" rate of pay shown in Tables 1 and 2 of Part C is a composite rate
which incorporates:
6.3.1 the basic wage, margin, loading, shift
allowance and industry allowance previously prescribed separately in the Fire
Brigade Employees (State) Award (as varied from time to time), published in the
NSW Industrial Gazette on 28 June, 1991; and
6.3.2 with the exception of the Recruit Firefighter
classification, the Roster Allowance previously prescribed
separately in the Crown Employees (Fire and Rescue NSW Permanent Firefighting
Staff) Award 2011, published in the NSW Industrial Gazette on 25 March 2011.
6.4
6.4.1 The "shift allowance" referred
to in subclause 6.3.1 is an amount to compensate for shiftwork.
6.4.2 The 'loading' referred to in subclause
6.3.1 is an amount which is in compensation for the incidence, as a result of the normal roster arrangements, of work on
weekends and public holidays. Employees who work on Easter Sunday or on any
additional public holiday that is Gazetted or
otherwise confirmed by the NSW Government shall be credited with the
same number of hours of consolidated leave as those hours actually
worked on each such day. For the purposes of this clause additional
public holidays shall not include local public holidays.
6.4.3 The "industry allowance"
referred to in subclause 6.3.1 is an amount which is in consideration of
conditions particular to working in the Firefighting Industry.
6.5 6.5.1 The
"Roster Allowance" referred to in subclause 6.3.2 is an
amount equivalent to an employee’s hourly rate of pay multiplied by 1.75 in
compensation for working a 42 hour week. This amount is
a residual of the two hours of 10/14 Rostered Overtime that was paid to
employees working a 38 hour week until the Crown Employees (NSW Fire Brigades
Firefighting Staff) Award 2000 incorporated this overtime within the total
weekly rate of pay and introduced the Roster Allowance and a 40 hour week.
6.6 Except as provided for in this subclause,
or in subclause 6.7, in addition to the rates of pay prescribed in Tables 1 and
2 of Part C, employees, where applicable, shall be paid:
6.6.1 An amount not exceeding the Laundry Expenses
set at Item 1 of Table 3 of Part C, for all reasonable laundry expenses
incurred by an employee who performs duty on a temporary basis outside the
GSA. Accounts for such laundry expenses
are to be submitted when a claim is made.
6.6.2 The Kilometre Allowance set at Item 2 of
Table 3 of Part C, per kilometre:
6.6.2.1 for Non-Officers
or Officers who perform a "Stand By" and who are required to
use their private vehicle to perform such "Stand By". The distance shall be the agreed distance or,
if the return distance travelled by the employee from the station at which duty
commenced to the station at which the "Stand By" is performed is not
contained in the Matrices, the actual distance necessarily and reasonably
travelled; and
6.6.2.2 for Operational Firefighters who travel
between stations pursuant to Clause 12, Relieving Provisions; and
6.6.2.3 for Officers who are required to use their
own vehicle to attend an incident whilst off duty.
6.6.3 The Major Aerial Allowance set at Item 3 of
Table 3 of Part C, per week, for Non-Officers
who are qualified to operate a Major Aerial Appliance and who are
attached to a station with this equipment.
6.6.4 The Minor Aerial Allowance set at Item 4 of
Table 3 of Part C, per week, for Non-Officers
and Officers who are qualified to operate a Minor Aerial Appliance and
who are attached to a station with this equipment.
6.6.5 The Hazmat Allowance set at Item 5 of Table 3
of Part C, per week, for Non-Officers and
Officers who are qualified for and attached to a Hazmat station within Sydney,
Newcastle, Wollongong or the Central Coast.
6.6.6 The Communications Allowance set at Item 6 of
Table 3 of Part C, per week, for Non-Officers
who are qualified for and attached to the Communications sections at
Sydney or Newcastle, which shall be paid for all purposes.
6.6.7 The Communications Allowance set at Item 7 of
Table 3 of Part C, per week, for Officers who are qualified for and attached to
the Communications sections at Sydney or Newcastle, which shall be paid for all
purposes.
6.6.8 The Communications Allowance set at Item 8 of
Table 3 of Part C, per week, for Senior Officers who are qualified for and
attached to the Communications section at Sydney, which shall be paid for all
purposes.
6.6.9 The Country Allowance set at Item 9 of Table
3 of Part C for Officers and Senior Officers who are attached to a station or
workplace located outside the GSA and outside the areas specified in subclause
28.2.2 of this Award, which shall be paid for all purposes.
6.6.10 The
Remote Area Allowance set at Item 10 of Table 3 of Part C, per week, for
Non-Officers and Officers who are attached to a station at Broken Hill or
Moree, which shall be paid for all purposes.
6.6.11 The Rescue Allowance set at Item 11 of Table 3
of Part C for Non-Officers and
Officers who are recognised as qualified rescue operators by the State Rescue Board
and who are attached to a Primary or Secondary Rescue station.
6.6.12 The Service Allowance set at Item 12 of Table 3
of Part C for Non-Officers who
have completed the requisite period of service as an employee.
6.6.13 The
Marine Allowance set at Item 13 of Table 3 of Part C, per week, for Non-Officers and Officers who are qualified for and attached to a designated marine
station.
6.7 Exceptions, Explanations and Method of
Adjustment
6.7.1 Subject
to subclause 7.7, the allowances set at subclauses 6.6.3 to 6.6.13
(inclusive) shall not be payable to the occupants of Operational Support
positions.
6.7.2 The allowances set at subclauses 6.6.3 to
6.6.13 (inclusive) shall be paid in full, regardless of the number of shifts actually worked by the employee within that week.
6.7.3 The
term "attached to" within this Clause shall include employees who are
permanently assigned to the
relevant station or section but who are performing an Outduty
at some other location and Relieving Employees whose base station is the
relevant station or section and who are performing relief duty at some other
location, but shall not include employees who perform duty at the relevant
station or section pursuant to Clause 9, Overtime, except as provided for in
subclauses 6.6.6, 6.6.7, 6.6.8, 6.6.9 and 6.6.10.
6.7.4 The allowances set at subclause 6.6.12 shall
in future be adjusted by firstly calculating the increase for 5-10 years service to the nearest cent to arrive at a new base
rate and then doubling that new base rate to arrive at the new 10-15 years service amount and tripling that new base rate to
arrive at the new 15-plus years service amount.
6.7.5 The Major and Minor Aerial allowances set at
subclauses 6.6.3 and 6.6.4 respectively, shall not be paid concurrently. In situations
where both allowances would otherwise apply pursuant to this Clause, the Major
Aerial Allowance only shall be paid.
6.8 Executive Officers
The salaries for Executive Officers
are as specified in Table 1 of Part C, Monetary Rates. Such salaries are all
incidence rates of pay and include compensation for:
6.8.1 the way in which ordinary hours are worked in
terms of sub-clause 8.12;
6.8.2 the working of any excess hours or being on
call; and
6.8.3 the non
payment of an annual leave loading.
6.9 Provisions Applying to All Employees
6.9.1 Employees shall
be paid fortnightly and payment shall be made into a bank account specified by
the employee, or other financial institutions acceptable to the Department and
the Union.
6.9.2 Employees shall
be paid not later than Thursday in any pay week. Provided that Operational
Firefighters who perform overtime shall be paid within two pay periods of the
date upon which such overtime was worked.
6.10
6.10.1 An employee shall
not be entitled to payment in respect of any unwarranted absence from duty or
in respect of leave granted without pay.
6.10.2 Where any strike
or stoppage of work occurs during a pay period for which payment has already
been made, the Department shall deduct the amount overpaid from the wages of
the employee. The provisions of subclause 6.16 shall not apply in cases where
overpayments have occurred as a result of any strike
or stoppage of work.
6.11 Unless as
otherwise provided for in Clause 24, Special Leave for Union Activities, where
an employee is, on application, granted leave by the Department to attend to
Union business, all such leave shall be leave without pay.
6.12 Where the period
of absence or leave under subclauses 6.10 and 6.11 of this clause, is a portion
of a week, the amount to which an employee shall be disentitled shall be
ascertained on an hourly basis. Such disentitlement shall be calculated to the
nearest five minutes.
6.13 Where a portion
of a week is worked in a higher classification immediately following promotion,
payment for that portion shall be ascertained, on an hourly basis, by dividing
the minimum rate of pay applicable to the new classification by forty. Such
entitlement shall be calculated to the nearest five minutes.
6.14 In the event of
the death of an employee, all monies due to the employee pursuant to the
provisions of this Award shall be paid to the employee's estate.
6.15 Payroll
Deductions:
6.15.1 Except as provided for in subclause 6.15.2, all
salary deductions shall be made in accordance with the Treasury Guidelines.
6.15.2 Upon application by an employee, the Department
shall make deductions from the employee's pay for Union subscriptions and shall
forward the amount so deducted to the Union as soon as possible thereafter.
6.16 Overpayments:
6.16.1 In cases where an employee has been overpaid,
the Department shall be entitled to recover such overpayment in full. Unless
the employee agrees otherwise, the maximum rate at which the overpayment can be
recovered is an amount, calculated on a per fortnight basis, equivalent to 10%
of the employee's gross fortnightly pay.
6.16.2 In all cases where overpayments have occurred,
the Department shall as soon as possible advise the employee concerned of both
the circumstances surrounding the overpayment and the amount involved. The
Department will also advise the employee of the pay period from which the
recovery of the overpayment is to commence.
6.16.3 The recovery rate of 10% of an employee's gross
fortnightly pay referred to in subclause 6.16.1 may be reduced by approval of
the Commissioner if the Commissioner is satisfied that such a rate of recovery
would cause undue hardship to the employee concerned.
6.16.4 Where an employee's remaining period of service
does not permit the full recovery of any overpayment to be achieved on the
fortnightly basis prescribed in subclause 6.16.1, the Department shall have the
right to deduct any balance of such overpayment from monies owing to the
employee on the employee's date of termination, resignation or retirement, as
the case may be.
7. Higher Duties
7.1 Subject to subclauses 7.2, 7.3, 7.4 and
7.7, an employee shall not be permitted to perform higher duties unless,
firstly, the employee is qualified to perform such duties and, secondly, where
a rank or classification structure applies, the employee is at the rank or
classification immediately below the rank or classification of the position in
which the relief is to be performed.
7.2 Where
a Station Officer is temporarily absent (on leave or for any other reason),
that Station Officer’s position may be filled by a Leading Firefighter
performing higher duties, provided that no absent Station Officer’s position may
be filled by a Leading Firefighter performing higher duties (either by election
or direction) for more than 28 days of any such absence.
7.3 Where
an Inspector (including an Operational Support Inspector) is temporarily absent
(on leave or for any other reason), that Inspector’s position may be filled by
a Leading Station Officer performing higher duties, provided that no absent
Inspector’s position may be filled by a Leading Station Officer performing
higher duties (either by election or direction) for more than 28 days of any
such absence.
7.4 Leading
Firefighters and Leading Station Officers may elect or be directed to
temporarily perform higher duties in the circumstances described in subclauses
7.2 and 7.3 and subject to subclause 7.5, shall not perform higher duties
otherwise.
7.5 The
limitations of subclauses 7.2, 7.3 and 7.4 shall not apply where:
7.5.1 a
vacancy in a Country position arises and is advertised in Commissioner’s Orders
pursuant to subclause 28.7 within 28 days of such vacancy occurring, in which
case a Leading Firefighter or Leading Station Officer (as the case may be) may
elect or be directed to perform the duties of the vacant position until the
position is filled, or the expiration of three months, whichever occurs first.
7.5.2 a
Leading Firefighter or Senior Firefighter successfully applies for a Country
Officer position pursuant to subclause 28.7.2, in which case the Leading
Firefighter or, subject to subclause 28.7.2.3, Senior Firefighter shall be
transferred to that station/location and shall perform the duties of the vacant
position until such time as he or she is either promoted, or ceases to be
eligible for such promotion pursuant to subclause 13.8.2. An employee who
ceases to be eligible for such promotion shall cease to hold that position and
be transferred to the GSA.
7.5.3 a
Leading Station Officer or Station Officer successfully applies for a Country
Senior Officer position pursuant to subclause 28.7.3, in which case the Leading
Station Officer or, subject to subclause 28.7.3.3, Station Officer shall be
transferred to that station/location and shall perform the duties of the vacant
position until such time as he or she is either promoted, or ceases to be
eligible for such promotion pursuant to subclause 13.10.2. An employee who
ceases to be eligible for such promotion shall cease to hold that position and
be transferred to the GSA.
7.5.4 a
Leading Station Officer or Station Officer successfully applies for an
Operational Support Inspector’s position pursuant to subclause 28.7.4, in which
case the Leading Station Officer or Station Officer (as the case may be) shall
be transferred to that station/location and shall perform the duties of the
vacant Operational Support Inspector’s position until such time as he or she is
either promoted, or ceases to be eligible for such promotion pursuant to
subclause 13.10.2. An employee who ceases to be eligible for such promotion
shall cease to hold that position and, if located outside of the GSA, be
transferred to the GSA.
7.5.5 A
Senior Firefighter successfully applies for an Operational Support Station
Officer’s position pursuant to subclause 14.10.1, in which case the Senior
Firefighter shall be transferred to that station/location and shall perform the
duties of the vacant Operational Support Station Officer’s position, until such
time as they are either promoted (subject to subclauses 14.10.4), or cease to
be eligible for such promotion pursuant to subclauses 13.7.4 and 13.8.2. An
employee who ceases to be eligible for such promotion shall cease to hold that
position and, if located outside of the GSA, be transferred to the GSA.
7.6 For
the avoidance of doubt, the intention of subclauses 7.2, 7.3, 7.4 and 7.5 is to
ensure that Station Officer positions are ordinarily filled by employees
holding the rank of Station Officer or Leading Station Officer, and that
Inspector positions are ordinarily filled by employees holding the rank of
Inspector.
7.7 An
employee performing higher duties shall be paid the difference between the
employee's usual rate of pay and the minimum rate of pay for the rank or
classification in which the higher duties are performed. An employee who is ordinarily entitled to an
allowance at subclause 6.6.3 to 6.6.13 (inclusive) shall continue to be paid
such allowance while they are performing higher duties.
7.8 An
employee performing higher duties who proceeds on any form of leave shall be
paid during such leave at the employee’s usual rate of pay and not at the rate
of pay of the rank or classification in which the higher duties were being
performed.
7.9 While a Senior Officer who relieves an
Executive Officer shall be remunerated for the period of relief in terms of
subclause 7.7, such employee shall, with the exception of provisions relating
to hours of work and overtime, retain the conditions of employment applicable
to a Senior Officer. In relation to hours of work and excess hours such an
employee shall, for the period of relief, be covered by subclause 8.13 of
Clause 8, Hours of Work.
7.10 In selecting employees to perform higher
duties the following procedures shall apply:
7.10.1 Where the period of relief is to be less than
one month, merit selection need not be applied. However, the Department shall
have regard to the principles of equitably sharing career development
opportunities.
7.10.2 Where the period of relief of an Executive
Officer or an Operational Support position is one month or more and the need
for the relief is known in advance, expressions of interest shall be called for
and determined by merit selection.
7.10.3 Where the need for the relief of an Executive
Officer or an Operational Support position is not known in advance, but it
subsequently becomes known that the duration of the relief is anticipated to be
for two months or more, the initial appointment shall be made in accordance
with subclause 7.10.1. However, immediately following that initial appointment
expressions of interest are to be called for and determined by merit selection.
8. Hours of Work
8.1 Subject to
subclauses 8.2.2 and 8.2.3, the average ordinary working hours of Operational
Firefighters shall be forty hours per week over the cycle of weeks for which
the rosters of ordinary hours of duty and leave operate. All rosters include,
in addition to the average forty ordinary hours per week, an average per week
of two hours of thirty-eight hour week leave accrual which shall be accumulated
and added to annual leave accrual and taken in accordance with Clause 17,
Annual Leave.
8.2 Arrangement of
Rosters
8.2.1 Subject to subclause 8.9, Operational Firefighters
shall work the roster in operation at the station/location to which they are
permanently attached and this roster shall be known as
their default roster. No default roster shall allow rostered shifts in excess of fourteen hours duration. Any proposed
change at any location from one roster system to another, or to a new roster
system, shall only occur following consultation between the Department and the
Union.
8.2.2 Operational Firefighters may, with the
Department’s agreement, elect to work alternative rosters to their default
roster, provided that any such alternative roster:
8.2.2.1 must
operate over an eight-week cycle and be drawn up and provided to both the
Operational Firefighter and the Union not less than fourteen days prior to commencement;
8.2.2.2 must allow at least eight consecutive hours
between the cessation of one rostered shift and the commencement of the next
rostered shift;
8.2.2.3 must
operate within the hours of the Operational
Firefighter’s default roster, provided that employees whose default roster is
the Special Roster may apply to work alternative rosters that commence and
cease up to two hours earlier or later than provided by the Special Roster.
8.2.2.4 must not allow split or broken shifts;
8.2.2.5 must not allow a reduction in the minimum
Operational Firefighter staffing required at the station/location in question;
8.2.2.6 must
not allow more than five days’ work, or more than five rostered shifts, in any seven day period; and
8.2.2.7 must
not average more than forty two ordinary working hours
per week over the eight-week cycle.
8.2.3 An
Operational Firefighter who elects to work an alternative roster that allows
fewer average ordinary working
hours than allowed for by subclause 8.1
shall be paid and accrue leave on a pro-rata basis.
8.2.4 Notwithstanding
anything to the contrary elsewhere in this Award, an Operational Firefighter
who elects to work an alternative roster that allows one or more 24 hour shifts shall:
8.2.4.1 be
paid the Relieving Allowance, if payable, twice for each rostered 24 hour shift so worked; and
8.2.4.2 have
any Outduty performed during a rostered 24 hour shift counted as two Outduties
for the purposes of subclause 12.17; and
8.2.4.3 have the period before a Stand By becomes an Outduty during a rostered 24 hour shift doubled,
but only if the Stand By is
performed to cover the absence of another employee who was rostered to work a
24 hour shift; and
8.2.4.4 have
any compassionate leave taken during a rostered 24 hour
shift counted as two shifts for the purposes of subclause 18.1; and
8.2.4.5 have
any unsupported sick leave absence taken during a rostered 24
hour shift counted as two separate occasions for the purposes of
subclause 23.8 except;
8.2.4.5.1 a
part shift sick leave absence falling between 0800 and 1800 hours or a part
shift sick leave absence between 1800 and 0800 will be counted as one occasion
for the purposes of subclause 23.8.
8.2.4.5.2 The
arrangements in subclause 8.2.4.5.1 will cease on the expiration of this Award
unless either party terminates these arrangements sooner
8.2.4a In all cases, the Relieving Allowance paid at subclause
8.2.4.1 and the Outduties and leave counted at
subclauses 8.2.4.2, 8.2.4.4 and 8.2.4.5 shall not be paid or counted either
less or more than twice during a 24 hour rostered shift.
8.2.5 Subject to subclause 8.2.6, the Department shall
return an Operational Firefighter who is working an alternative roster to their default roster within fourteen days
of receipt of a written request from the Operational Firefighter.
8.2.6 Where the Department’s agreement to the
working of an alternative roster was conditional upon one or more Operational
Firefighters working an alternative roster in concert with each other and one
or more of those Operational Firefighters submits a written request to return
to their default roster, the Department:
8.2.6.1 shall return the Operational
Firefighter(s) who requested to return to their default roster within 28 days; and
8.2.6.2 shall notify the remaining Operational
Firefighters, in writing, of that request within 7 days;
and
8.2.6.3 may return the Operational Firefighters
to their default rosters not less than 21 days following their receipt of
notification at subclause 8.2.6.2.
8.3 Standard 10/14 Roster System
|
1st Week
|
2nd Week
|
3rd Week
|
4th Week
|
Platoon
|
F S S M
T W T
|
F S S M
T W T
|
F S S M
T W T
|
F S S M
T W T
|
A
HOURS
|
D
D
N N
48
|
D
D
N N
48
|
D D N N
48
|
D D N
N
48
|
B
HOURS
|
N
N D
38
|
D
N N
38
|
D
D
N N
48
|
D
D
N N
48
|
C
HOURS
|
D
D N
34
|
N D D
34
|
N
N D
38
|
D
N N
38
|
D
HOURS
|
D D N
N
48
|
D D N N
48
|
D D N
34
|
N D D
34
|
|
5th Week
|
6th Week
|
7th Week
|
8th Week
|
Platoon
|
F S S M
T W T
|
F S S M
T W T
|
F S S M
T W T
|
F S S M
T W T
|
A
HOURS
|
D D N
34
|
N D D
34
|
N
N D
38
|
D
N N
38
|
B
HOURS
|
D D N N
48
|
D D N
N
48
|
D D N
34
|
N D D
34
|
C
HOURS
|
D
D
N N
48
|
D
D
N N
48
|
D D N
N
48
|
D D N
N
48
|
D
HOURS
|
N
N D
38
|
D
N N
38
|
D
D
N N
48
|
D
D
N N
48
|
8.3.1 The Standard
10/14 roster system is based on four platoons over an 8-week cycle.
8.3.2 The shifts within
the Standard 10/14 roster cycle shall be as set out in the Table at subclause
8.3 where: D = 0800 hours to 1800 hours; and N = 1800 hours to 0800 hours.
8.4 Back to Back
Roster System
|
1st Week
|
2nd Week
|
3rd Week
|
4th Week
|
Platoon
|
F S S M
T W T
|
F S S M
T W T
|
F S S M
T W T
|
F S S M T
W T
|
E
HOURS
|
D
D D D
48
|
D
D D D
48
|
D D D D
48
|
D D D D
48
|
F
HOURS
|
D D D
36
|
D D D
36
|
D
D D 36
|
D
D D
36
|
|
5th Week
|
6th Week
|
7th Week
|
8th Week
|
Platoon
|
F S S M
T W T
|
F S S M
T W T
|
F S S M
T W T
|
F S S M
T W T
|
E
HOURS
|
D D D
36
|
D D D
36
|
D
D D
36
|
D
D D
36
|
F
HOURS
|
D
D D D
48
|
D
D D D
48
|
D D D D
48
|
D D D D
48
|
8.4.1 The Back to Back
roster is based on two platoons over an 8-week cycle.
8.4.2 The shifts within
the Back-to-Back roster cycle shall be as set out in the Table at subclause 8.4
where: D = 0600 hours to 1800 hours.
8.5 Overlap Roster System
|
1st Week
|
2nd Week
|
3rd Week
|
4th Week
|
Platoon
|
F S S M
T W T
|
F S S M
T W T
|
F S S M
T W T
|
F S S M
T W T
|
G
HOURS
|
D D D D D
52.5
|
D D D
31.5
|
D D D D D
52.5
|
D D D
31.5
|
H
HOURS
|
D D D
31.5
|
D D D D D
52.5
|
D D D
31.5
|
D D D D D
52.5
|
|
|
|
|
|
|
5th Week
|
6th Week
|
7th Week
|
8th Week
|
Platoon
|
F S S M
T W T
|
F S S M
T W T
|
F S S M
T W T
|
F S S M
T W
T
|
G
HOURS
|
D D D D D
52.5
|
D D D
31.5
|
D D D D D
52.5
|
D D D
31.5
|
H
HOURS
|
D D D
31.5
|
D D D D D
52.5
|
D D D
31.5
|
D D D D D
52.5
|
8.5.1 The Overlap roster
system is based on two platoons over an 8-week cycle.
8.5.2 The shifts within the Overlap roster cycle
shall be as set out in the Table at subclause 8.5 where: D = 0700 hours to 1730
hours.
8.6 Special Roster
System
8.6.1 The Special
Roster System is a Monday to Friday day shift roster with the commencing and
ceasing times for Monday to Thursday being 0800 hours to 1630 hours,
respectively and for Friday 0800 hours to 1600 hours respectively.
8.7 Except for fire
stations operating the Standard 10/14 roster system on the date of the making
of this Award, the roster prescribed in subclause 8.3 of this clause shall not
apply to fire stations which the Department
determines shall be staffed by employees on a full-time basis for less
than 168 hours per week and by Retained Firefighters for the balance of the
week where the ordinary hours not exceeding 40 per week shall be worked as
directed by the Department from time to time.
8.8 The average
ordinary working hours of employees holding the classification of Recruit
Firefighter shall be 40 hours per week. The rostered hours of work for Recruit
Firefighters shall be arranged so that they shall not accrue 38
hour leave. The hourly rate of pay of an employee holding the
classification of Recruit Firefighter shall be determined by dividing the
weekly rate of pay for a Recruit Firefighter by 40.
8.9 Irrespective of
which roster is for the time being applicable, the following general conditions
shall apply:
8.9.1 In the event of
an alarm, requiring any station to stand by or respond to an incident, being
received at the station during roll call, the oncoming platoon shall, if
required, respond to the incident. The off-going platoon shall remain on duty,
if required, or until otherwise directed. Roll calls shall be conducted by the
station bell being rung two minutes before rostered time to change shift.
8.9.2 The oncoming
shift available in the station may attend roll call without any overtime
penalty being incurred, but on completion of the roll call and the
Officer-in-Charge being satisfied that there are adequate staff for the shift,
the off-going shift shall then be dismissed.
8.9.3 No employee shall
be charged with being absent from duty who misses the roll call at two minutes
in the time set for the change of shift, provided that the employee is on
station premises by the rostered time for the shift to commence. An employee
retained beyond the ceasing time of the shift shall be paid overtime.
8.9.4 If, when the
oncoming platoon reports at a station at the time prescribed for the change of
shift, the other platoon is proceeding to or attending an incident or alarm,
the oncoming platoon, if so ordered, shall after roll call, proceed to the
incident and the Officer or senior members of the platoon shall report, without
delay, the arrival of the platoon to the Officer-in-Charge of the incident. The
off-going platoon shall remain on duty at the incident until relieved.
8.9.5 The
Officer-in-Charge of the incident may, if in that Officer's judgment it is
expedient, hold both the oncoming and off-going platoons for duty at the
incident. If the off-going platoon is not held at the incident or is not
detained at the incident for duty elsewhere, it shall report back to the
station and shall remain available until the other platoon returns or until
otherwise directed, when it shall be dismissed.
8.9.6 In the event of
one or more members of the ongoing platoon being absent an equal number of
members in the platoon on duty shall be liable to be detained on duty until such
time as they may be relieved. Nothing herein contained shall be deemed to
sanction an unauthorised absence or to relieve the absent member from a
liability to be charged with being absent without leave and dealt with
accordingly.
8.10 The rosters provide
for an amount of residual leave of 7.25 hours per annum, which is to be
credited as consolidated leave, on the anniversary of the employee's date of
commencement of employment by the Department notwithstanding the provisions of
subclause 8.8.
8.11 Employees
shall not work in excess of sixteen (16) hours straight except in the case of a
call to an incident or other emergency circumstances,
or by agreement pursuant to subclause 8.12.
8.12 Employees may elect, but not be directed, to
work in excess of sixteen (16) hours straight by way
of overtime, an alternative roster or a change of shift agreement provided:
8.12.1 that
such employees have the Department’s approval to do so; and
8.12.2 that
such employees have at least eight consecutive hours off duty between the
cessation and recommencement of duty; and
8.12.3 that
no employee shall be permitted to work in excess of twenty
four (24) hours straight except in the case of a call to an incident or
other emergency circumstances, or a staff shortage pursuant to subclause 8.9.6.
8.13 Executive Officers
Executive Officers shall work an average of
forty ordinary hours per week on a flexible basis according to the needs of the
organisation on any day of the week or at any time of the day.
8.14 Change
of Shift Agreements
Notwithstanding anything to the contrary elsewhere within this Award,
two or more Non-Officers, Officers or Senior Officers (as the case may be) may
enter into a full or part change of shift agreement with each other subject to
the following conditions:
8.14.1 Employees
shall apply in writing at least 24 hours prior to performing a full or part
change of shift. This application, which may provide for multiple and/or
recurring changes of shift, shall include the number of hours, the relevant
times and date(s) and the names and signatures of both the employee(s) seeking
the change and the employee(s) who shall be working in their stead.
8.14.2 An
approved change of shift agreement shall operate so that:
8.14.2.1 The employee who was originally rostered to
work, but did not do so (Employee A) shall:
8.14.2.1.1 be paid the wages they would otherwise
have been paid pursuant to subclause 6.2.1 for that shift or part shift; and
8.14.2.1.2 accrue the leave they would otherwise
have accrued pursuant to Clauses 17, 20 and 23 for that shift or part shift;
and
8.14.2.1.3 subject to subclauses 12.6 and
8.14.2.2.2, be paid the Relieving Allowance as if they had worked that shift or
part shift.
8.14.2.2 The
off-duty employee who works in Employee A’s stead (Employee B) shall:
8.14.2.2.1 be recognised for and paid for all
purposes other than those listed at subclauses 8.14.2.1 as if they had been
rostered to work those hours, provided that any time so worked by Employee B in
excess of Employee A’s originally rostered hours will be paid as overtime
pursuant to Clause 9; and
8.14.2.2.2 subject to subclause 12.6, be paid the
Relieving Allowance provided: firstly; that Employee B shall always assume
Employee A’s base station for the purposes of Clause 12; and secondly; if
Employee A and Employee B satisfy the requirements of subclause 12.6 then only
Employee B shall be paid the Relieving Allowance and, if applicable, only
Employee B shall be considered to have performed an Outduty.
8.14.2.3 Employees
may take leave (including annual and long service leave) during an operative
change of shift agreement. Such employees shall not be required to make
alternative arrangements (which, if necessary, shall be made instead by the
Department) in the event that they or any other employee who is party to that
agreement takes leave, scheduled or otherwise.
8.14.2.4 If
Employee A takes annual leave or long service leave during an operative change
of shift agreement then Employee A shall have both the hours they were rostered
to work and the change of shift hours they had agreed to work for any other
employee(s) deducted from Employee A’s annual leave balance or long service
leave balance.
8.14.2.5 If
Employee B works an agreed change of shift for Employee A while Employee A is
on annual leave or long service leave then Employee A shall be credited with
the same number of annual leave or long service leave hours as worked by
Employee B for Employee A.
8.14.2.6 If
Employee B takes any form of leave (including, for example, sick leave) when
scheduled to work an agreed change of shift for Employee A then those leave
hours shall be deducted (but not paid for) from Employees B’s relevant leave
balance, unless it is a part change of shift agreement pursuant to 8.14.2.7.
8.14.2.7 Employee
B may elect to enter into a change of shift agreement while on annual leave. In
these circumstances, Employee B’s entire annual leave period shall be debited
for the hours they were rostered off on annual leave.
8.14.3 Employees
shall not be permitted to perform full or part changes of shift immediately
prior to or following their own rostered shift unless that full or part change
of shift is to be worked at the same station as that rostered shift.
8.14.4 An
on duty employee who has arranged a part change of
shift shall not be permitted to leave duty until properly relieved by the
employee who has agreed to work in their stead.
8.14.5 If
there is a call of fire or any other emergency that disturbs or prevents a
previously arranged part change of shift, no arrangement shall be made, or be
expected to be made, to recall another employee. Any inconvenience shall be
borne by the employees concerned without redress.
8.14.6 The
Department shall not refuse an application to perform a full or part change of
shift without good and proper reason, but may cancel a
previously approved change of shift on the same basis provided sufficient
notice is given to the affected employees.
8.14.7 Subject
to subclause 8.14.2.3, an employee who has entered into a change of shift
agreement will remain bound by that agreement unless and until such time as the
other employee(s) concerned agrees, in writing, to terminate that agreement, or
a change of shift is cancelled by the Department pursuant to subclause 8.14.6.
9. Overtime
9.1 Subject
to subclause 9.2, overtime shall be paid for at the rate of time and one-half
for the first two hours and at the rate of double time thereafter, provided
that an employee who is required to work overtime shall be entitled to payment
for at least 15 minutes of overtime on each occasion that the employee is
called upon to work overtime. To avoid doubt, where
work commences prior to the start of an employee’s rostered shift and continues
beyond the conclusion of that shift then the relevant rate of pay shall be
determined by having regard to the entire period of overtime worked, so that
any and all overtime worked in excess of two hours is paid at the rate of
double time.
9.2 Any time worked by an employee in excess of 24 consecutive hours shall be paid for at the rate
of double time, regardless of that employee's roster.
9.3 For meal allowance
entitlements where an employee works overtime, see Clause 10, Meals and
Refreshments.
9.4 When it is reasonably necessary for an
employee who has returned to the station either before or after the ceasing
hour of the shift to clean up before leaving the station, and thereby
justifiably leaves the station after the ceasing hour, the time so reasonably
and necessarily occupied beyond the ceasing hour shall be paid for as overtime.
9.5 The hourly rate
of pay for an employee in the classification of Firefighter, Qualified
Firefighter, Senior Firefighter, Leading Firefighter, Station Officer, Leading
Station Officer, Inspector, Operational Support Level 1, Operational Support
Level 2 or Operational Support Inspector shall be ascertained for the purpose
of this clause by dividing the employee’s “Per Week” rate of pay by 41.75. The
hourly rate of pay for an employee in the classification of Recruit
Firefighter, Operational Support Level 2a or Operational Support Level 3a shall
be ascertained for the purpose of this clause by dividing the employee’s “Per
Week” rate of pay by 40.
9.6 Recall to
Incident
9.6.1 An employee who
is off duty and who is called upon, pursuant to subclause 9.6.2, to report for
duty to attend an incident shall be entitled to a minimum payment equal to two
hours at overtime rates.
9.6.2 Notwithstanding
anything elsewhere contained in this clause, in the case of an incident, all
employees off duty shall be liable to be called upon to report for duty and if
called upon shall report immediately for duty
9.6.3 An employee who
is on annual leave or long service leave and who reports for duty to attend an
incident shall, in addition to payment pursuant to subclause 9.1, be credited
with consolidated leave equal to the amount of time so worked.
9.6.4 For meal
allowance entitlements when the employee remains on duty for a period of four
hours or more in connection with a recall pursuant to subclause 9.6.1, see
Clause 10, Meals and Refreshments.
9.7 Recall to
Maintain Required Staffing Levels
9.7.1 An employee off duty
who is required to report for duty for the purpose of maintaining required
staffing levels shall, on so reporting, be entitled to a minimum payment equal
to four hours at overtime rates.
9.8 Where an
employee recalled pursuant to either subclauses 9.6.2 or 9.7.1:
9.8.1 Is required to
transport the employee's gear from the station/location at which the gear is
located to another station/location in order to perform the duties of the
recall, such employee shall be paid the Kilometre Allowance set at Item 2 of
Table 3 of Part C, for the distance travelled on the forward journey between
the two locations, provided that employees who are placed upon a transfer
register pursuant to clause 28, Transfers Outside of the GSA, and are claiming
residential priority shall instead be paid the Kilometre Allowance for the
distance between the permanently staffed station closest to their primary
residence and the station/location where the duties of the recall are to be
performed.
9.8.2 Is required to
transport the employee's gear back to the station/location at which the gear
was located because the Department is unable to do so, the employee shall also
be entitled to be paid kilometres equal to the forward journey at subclause
9.8.1. For the purpose of this subclause
"distance travelled" means the agreed distance or, if the distance is
not covered by a Matrix, the actual kilometres between the two
stations/locations.
9.8.3 Incurs a toll as a consequence of using a bridge, tunnel or motorway when
travelling to perform the recall, such employee shall be reimbursed for the
cost of the toll.
9.9 On such nights
as may be fixed by the Department or by the Commissioner on reasonable notice
in the circumstances not exceeding two nights in any week, an employee shall
work such overtime as is reasonably necessary for usual Brigade inspections, or
for giving instructions to Retained Firefighters.
9.10 When overtime
work is necessary it shall, except in the case of an emergency, be so arranged
that employees have at least eight consecutive hours off duty between the work
of successive shifts. Where an employee works so much overtime between the
termination of the employee's ordinary work on any day or shift, and the
commencement of the employee's ordinary work on the next day or shift, that the
employee has not had at least eight consecutive hours off duty between these
times, the employee shall be released after completion of such overtime until
the employee has had eight consecutive hours off duty without loss of pay for
ordinary working time occurring during such absence.
9.10.1 If on the
direction of the employee's authorised supervisor, such employee resumes or
continues work without having had such eight consecutive hours off duty, the
employee shall be paid at the rate of double time until the employee is
released from duty for such period, and the employee shall be entitled to be
absent until the employee has had eight consecutive hours off duty without loss
of pay for ordinary working time occurring during such absence.
9.10.2 Provided that
while recalls shall be paid for at overtime rates in accordance with this
Award, where the actual total time worked on a recall or recalls is less than 3
hours it shall not count for the purpose of determining whether an employee has
had an eight hour break pursuant to this subclause.
10. Meals and
Refreshments
10.1 Attendance at an
Incident
10.1.1 For the purposes
of this clause, an "incident" also includes hazard reduction or any
similar situation where facilities comparable to those provided at fire
stations are not available to partake of a meal.
10.1.2 Where an employee
attends an incident which extends for two hours or more; Refreshments shall be
provided no later than two hours after the start of the incident.
10.1.3 Where such an
incident extends for four hours or more, the employee shall be provided with a Substantial Meal. After every
subsequent four hours of attendance at such an incident, a further Substantial Meal shall be provided.
10.2 Payment in Lieu of
the Provision of Refreshments/Meals
10.2.1 Where Refreshments
are not provided in terms of subclause 10.1.2, the Refreshment Allowance set at
Item 15 of Table 3 of Part C, shall be paid.
10.2.2 Where
an Emergency Meal is supplied in lieu of a Substantial Meal, the Refreshment
Allowance set at Item 15 of Table 3 of Part C, shall be paid.
10.2.3 Where a Substantial Meal or Emergency Meal is not
provided in terms of subclause 10.1.3, the Meal Allowance set at Item 14 of
Table 3 of Part C, shall be paid.
10.3 During Overtime
10.3.1 An employee who works overtime which:
10.3.1.1 involves the attendance at an incident shall
be provided with refreshments/meals in terms of subclauses 10.1.2 and 10.1.3 or
the payment in lieu thereof as prescribed in subclause 10.2;
10.3.1.2 does not involve attendance at an incident
and is not a recall for the purpose of maintaining required staffing levels,
shall, if such overtime extends for more than two hours, be paid the Meal
Allowance set out at Item 14 of Table 3 of Part C. After every subsequent four
hours of such overtime worked, the Refreshment Allowance set out at Item 15 of
Table 3 of Part C, shall be paid.
10.4 Method of Payment
and Calculation of Allowances in Lieu of Refreshments/Meals
10.4.1 The payments referred to in subclause 10.3.1.2
(only) shall, unless the Officer-in-Charge is not available to make such
payment, be made prior to or at the cessation of the shift or overtime as the case may be.
In cases where the Officer-in-Charge is not available to make payment,
the employee shall be paid at the earliest opportunity thereafter.
10.4.2 The allowances referred to in this clause shall
be calculated as follows:-
10.4.2.1 The Meal Allowance at Item 14 of Table 3 of
Part C, is the average, rounded to the nearest five cents, of the amounts
prescribed for the overtime meal allowances for breakfast, lunch and dinner at
Item 19 of Table 1 Part B of the Crown Employees (Public Service Conditions of
Employment) Award 2002.
10.4.2.2 The Refreshment Allowance in Item 15 of
Table 3 is half, rounded to the nearest five cents, of the Meal Allowance in
Item 14 of Table 3 of Part C.
10.4.2.3 The amounts specified in 10.4.2.1 and
10.4.2.2 shall be adjusted on 1 July in
line with the corresponding reasonable
allowance amount for overtime meals
for the appropriate financial year as published by the Australian Taxation
Office (ATO).
11. Transport
11.1 Where an employee
has been rostered for duty and works from 0800 hours to 1800 hours and is
retained on overtime and ceases duty after 2000 hours and public transport or
other normal means of transport is not reasonably available, arrangements may
be made by the Department to provide transport (by taxi or otherwise) to ensure
that the employee obtains reasonable transport home.
12. Relieving
Provisions
12.1 The provisions of
this clause shall only apply to:
12.1.1 Relieving Employees, as defined in Clause 4,
when such employees work a rostered shift at either the employee's base
station/location or performs a relief duty at another station/location; and
12.1.2 Other employees when such employees perform an
"Outduty", as defined in Clause 4.
12.2 Relieving
Employees shall be assigned to a base station/location which, as far as is
practicable having regard to the Department's operational requirements, is in
the employee's stated preferred Zone, or in the Zone closest to the employee's
residence.
12.3 Relieving
Employees shall report for duty at their base station/location unless otherwise directed.
12.4 Subject to the
exceptions in subclause 12.4.1, employees cannot be directed to perform relief
duty outside the Fire District to which they are attached.
12.4.1 Exceptions
12.4.1.1 Relieving Employees (pursuant to subclause
12.1.1);
12.4.1.2 Employees (pursuant to subclause 12.1.2) who
are placed upon a transfer register pursuant to clause 28, Transfers Outside of
the GSA, and are claiming residential priority may be directed to relieve in an
area to which that transfer register applies.
12.5 Notwithstanding
the provisions of subclause 12.4, any employee may elect to perform relief duty
outside the Fire District to which they are attached.
12.6 Relieving
Allowance
12.6.1 The Relieving Allowance set at Item 16 of Table
3 of Part C shall be paid to:
12.6.1.1 a Relieving Employee for each rostered shift
worked by the employee at the employee's base station and, except as provided
for by subclause 12.6.2 or as otherwise provided by this Award, for each
rostered shift on which the employee performs a relief duty at another
station/location.
12.6.1.2 other employees on each occasion, except as
provided for by subclause 12.6.2 or as otherwise provided by this Award, when
such employees perform an Outduty in terms of
subclause 12.1.2.
12.6.2 Unless otherwise provided in this Award, the
Relieving Allowance prescribed in subclause 12.6.1 shall not be paid to either
a Relieving Employee (or other employee pursuant to subclause 12.1.2) in cases
where the employee is compensated for excess travelling time and/or payment for
travel/accommodation expenses in accordance with the provisions of Clause 26,
Travelling Compensation.
12.7 Unless
specifically provided for elsewhere in this clause, when a Relieving Employee
(or other employee pursuant to subclause 12.1.2) is required to perform relief
duty on a rostered shift at another station/location:
12.7.1 included within a Matrix and for which an
agreed distance therefore exists, the employee shall be entitled to, in
addition to the relieving allowance, payment of the Kilometre Allowance set out
at Item 2 of Table 3 of Part C, for that agreed distance.
12.7.2 not included within a Matrix or where the base
station/location and other stations/locations are in separate Matrices and
therefore not covered by subclause 12.7.1:
12.7.2.1 with
prior notice, the employee shall be entitled to payment of:
12.7.2.1.1 the Relieving
Allowance; and
12.7.2.1.2 if required to transport
the employee’s gear in order to perform the relief duty, the Kilometre
Allowance set out at Item 2 of Table 3 of Part C, for the distance travelled on
the forward journey from the station/location at which the gear is located to
the relief station/location; and
12.7.2.1.3 for
travel other than for the transport of the employee’s gear, the Kilometre
Allowance set out at Item 2 of Table 3 of Part C for any excess distance
travelled. For the purposes of this subclause, excess distance shall be any distance
actually and reasonably travelled by the employee to the relief
station/location in excess of that normally travelled by the employee to report
for duty at the employee's base station/location; and
12.7.2.1.4 if
the Department is unable to transport the employee’s gear back to the
station/location at which the gear was located, the Kilometre Allowance set out
at Item 2 of Table 3 of Part C, for the return kilometres equal to the forward
journey.
12.7.2.2 without
prior notice, the employee shall be entitled to, in addition to the relieving
allowance, payment of the Kilometre Allowance set out at Item 2 of Table 3 of
Part C, for the distance actually travelled.
12.7.2.3 For
the purpose of this subclause "prior notice" means notice given
whilst the employee was on duty, either during their rostered hours of work or
whilst on overtime.
12.7.2.4 For
the purposes of subclauses 12.7.2.1.2 and 12.7.2.1.4 only, if an employee
elects to perform relief duty outside of the fire district to which they are
attached then the employee’s base station/location shall be the closest
permanently staffed station to their primary residence.
12.7.2.5 the
provisions of subclause 12.7.2.1 are to be read in conjunction with the
provisions of subclause 12.8.
12.8 If, in a particular
case, an employee considers that the presumed "no disadvantage"
envisaged in the provisions of 12.7.2.1 is in fact not the case, the employee
may submit a claim for the total compensation that the employee considers to be
reasonable in the circumstances. All such claims must be supported with written
reasons.
12.9 For the purpose
of this Clause, "distance" shall mean the agreed return distance
prescribed between two stations/locations in a Matrix. Each Matrix shall stand
alone for the purpose of calculating the relevant distance. If the distance
between two stations/locations is not prescribed in a Matrix, then
"distance" shall mean the actual distance necessarily and reasonably
travelled.
12.10 The parties
acknowledge that the majority of the distances
contained in the Matrices have been calculated using an electronic measuring
device. In the event that a discrepancy is identified,
the distance in question shall first be rechecked using the electronic
measuring device. If the discrepancy still exists then the distance in question
shall be checked using, if practicable, a motor vehicle, and if not, some other
method agreed to by the Department and the Union.
12.10.1 If a distance in the Matrices is found to
be incorrect, then a new agreed distance will be determined. Any new distance
and its effective date will be published in the next available Commissioner's
Orders.
12.10.2 In cases where the corrected distance is more
than that shown in the Matrices, it will take effect from the beginning of the
pay period in which the discrepancy was first notified in writing by an
employee.
12.10.3 In cases where the revised distance is less
than that contained in the Matrices, the new distance will operate
prospectively from the beginning of the first pay period to commence on or
after the date that the new distance is published in Commissioner's Orders.
12.11 Multiple Reliefs
During a Rostered Shift.
12.11.1 Where a Relieving Employee (or other
employee pursuant to subclause 12.1.2)
performs relief duties during a rostered shift at more than one
station/location, payment shall be made for kilometres for the forward
journey/journeys between the station at which duty commenced and the subsequent
station/s and between the station at which duty ceased and the station at which
duty commenced. Provided that this provision shall not reduce any entitlement
that the employee may have in relation to commencing duty at the station at which
duty commenced.
12.11.2 The provisions of subclause 12.11.1 shall not apply in cases where the provisions
of Clause 26, Travelling Compensation, apply.
12.12 Provision of
Transport
12.12.1 Where a Relieving Employee (or other
employee pursuant to subclause 12.1.2)
is directed without prior notice after the commencement of a rostered shift, to
perform relief duty at another station/location, the employee may request the
provision of transport by the Department.
12.12.2 Where an employee requests the provision of
transport in terms of subclause 12.12.1,
the employee shall be entitled to the following provisions. Apart from these
provisions, no other provisions of this clause shall apply.
12.12.2.1 Payment of the Relieving Allowance.
12.12.2.2 Except if the employee makes an election in terms of subclause 12.12.2.3, the employee
shall be entitled to transport back to the station/location at which duty
commenced and to travelling time as prescribed in Clause 26, Travelling
Compensation, for the time actually taken, from the completion of duty, to
return to the station at which duty commenced.
12.12.2.3 Where an employee elects to return to the station/location after
completion of duty to the station at which duty commenced by the employee's own
means, the employee shall be entitled to be paid the Kilometre Allowance set at
Item 2 of Table 3 of Part C, for half the distance prescribed in the relevant
Matrix. If no distance is prescribed, the distance shall be the actual distance
necessarily and reasonably travelled by the employee to return to the station
at which duty commenced.
12.13 Where a Relieving
Employee (or other employee pursuant to subclause
12.1.2) incurs a toll as a consequence of using a bridge, tunnel or
motorway when travelling to perform a relief duty, such employee shall be
reimbursed for the cost of the toll.
12.14 A Relieving
Employee (or other employee pursuant to subclause
12.1.2), who is directed to perform a relief duty on a rostered shift at
a station/location which requires the employee to reside at a place other than
the employee's residence, shall be entitled to the relevant provisions of
Clause 26, Travelling Compensation, in lieu of the provisions of this clause.
12.15 Where a Relieving
Employee (or other employee pursuant to subclause
12.1.2) performs a relief at a station/location which, under normal circumstances
would not require the employee to reside at a place other than the employee's
residence, but because of special circumstances the employee is given approval
by the Department for accommodation in order to have sufficient rest before
returning home, the employee shall be entitled to the following:
12.15.1 Appropriate accommodation provided or
arranged by the Department.
12.15.2 Retention of the Relieving Allowance.
12.15.3 With the exception of travelling time and
costs for travel, the relevant provisions of Clause 26, Travelling
Compensation.
12.15.4 The Kilometre Allowance set at Item 2 of
Table 3 of Part C, as if the employee had not stayed in the accommodation.
12.16 The Relieving
Allowance set at Item 16 and the Kilometre Allowance set at Item 2 of Table 3
of Part C, include compensation for excess travelling time and the cost of
excess travel to and from the station/locations at which relief duties are
performed on a rostered shift.
12.17 Performance of Outduties.
12.17.1 An
employee cannot be directed to perform more than twelve (12) Outduties in any Calendar year, unless the employee is a
Leading Station Officer who is performing higher duties pursuant to Clause 7.
12.17.2 Notwithstanding
the provisions of subclause 12.17.1, an employee may elect to perform more than
twelve (12) Outduties in any Calendar year.
12.18 The provisions of
this clause do not apply in cases where an employee acts up in a position
following an expression of interest pursuant to subclause 7.10.2 or where an
employee acts up as an Executive Officer, or where an employee, not being a
Relieving Employee, acts up at the employee's base station/location.
12.19 Unless specifically provided for by this
Clause, the provisions of Clause 12, Relieving Provisions and Clause 26,
Travelling Compensation, shall be mutually exclusive. That is, an employee
shall be entitled to claim, in relation to a particular situation, under either
Clause 12, or Clause 26, shall not be entitled to claim under both.
12.20 Notwithstanding
subclause 12.19, a relieving employee who:
12.20.1 is
directed to perform relief duty outside the fire district to which they are
attached and who is entitled to claim the provisions of subclause 26.3.1;
and/or
12.20.2 is
directed to perform overtime at a temporary work location before the normal
commencing time of their rostered shift and who is entitled to claim the
provisions of subclause 26.3.1.1;
shall be paid such entitlements and retain
the entitlements of Clause 12.
12.21 Where an employee is required to use the
employee's private vehicle to perform a Stand By,
compensation shall only be in terms of subclause 6.6.2.1.
12a. Interstate and International Deployments
12a.1 Subject
to subclause 12a.2, the
provisions of this Clause shall apply to employees who are invited and who
elect to respond to an extended interstate or international emergency as part of a deployment.
12a.2 In the case of routine cross-border incidents and/or
interstate or international deployments of less than 48 hours and/or
direction to respond to
an interstate or international emergency, employees shall remain entitled to the general provisions of this Award
and the special provisions of this Clause shall not apply.
12a.3 Employees
shall be paid for travelling time to and from the emergency:
12a.3.1 on
the day of departure until midnight Sydney time, in accordance with Clause 26, provided that subclauses 26.1.4, 26.1.7 and 26.2 shall not
apply; and
12a.3.2 on
any day between the day of departure to and the day of return from the
deployment, in accordance with subclause 12a.4.2; and
12a.3.3 on
the day of return, in accordance with Clause 26, provided
that subclauses 26.1.4, 26.1.7 and 26.2 shall not apply.
12a.4 Employees
shall be paid for work performed:
12a.4.1 on
the day of departure until midnight Sydney time, at single time during their
rostered hours of work pursuant to Clause 8, and at overtime rates otherwise;
and
12a.4.2 for
each day between the day of departure to and the day of return from the
deployment, all time at single time, provided that:
12a.4.2.1 employees shall receive a minimum payment for each day equal
to 16 hours per day, regardless of the hours actually worked; and
12a.4.2.2 any
time actually worked at the direction of an employee's
authorised supervisor in excess of 16 hours shall be paid at double time; and
12a.4.2.3 employees
on double time pursuant to subclause 12a.4.3.2 who resume or continue work
without having had 8 consecutive hours off duty shall continue to be paid at
the rate of double time until released from duty for such period, and such
employees shall be entitled to remain off duty for eight consecutive hours
without loss of pay at subclause 12a.4.3.1; and
12a.4.3 from
midnight Sydney time on the day of return, at single time during their rostered
hours of work pursuant to Clause 8, and at overtime rates otherwise.
12a.5 Accommodation
for Interstate Deployments
12a.5.1 Employees on interstate deployment who are
not provided with accommodation of a standard comparable to that required in
NSW shall be paid the relevant accommodation allowance set at Item 7 of Table 4
of Part C or, if the deployment location is not listed in Table 4, the
reasonable accommodation allowance for that location as published by Australian
Taxation Office (ATO).
12a.5.2 Employees who are provided with
accommodation shall be paid the Incidental Expenses Allowance set at Item 8 of
Table 4 of Part C, for each day of attendance.
12a.6 Meals
for Interstate Deployments
12a.6.1 Employees
on interstate deployment shall be provided with substantial meals for
breakfast, lunch and dinner throughout the period of
deployment.
12a.6.2 For
each meal not provided in accordance with subclause 12a.6.1, the Meal Allowance
set at Item 14 of Table 3 of Part C shall be paid.
12a.6.3 Where
employees are required to work between the meals provided for in subclause
12a.6.1, such employees shall be entitled to the refreshments and meals
prescribed by subclause 10.1.
12a.7 Deployment Allowance for
International Deployments
Employees on international deployment shall be paid the
Deployment Allowance set at Item 17 of Table 3 of Part C for each calendar day,
or part thereof, from the day of departure until the day of return, inclusive.
12a.8 Additional
Provisions
12a.8.1 While
interstate or international deployment does not in itself attract the relieving
allowance, a Relieving Employee shall continue to be paid the relieving
allowance for those days on which the Relieving Employee would normally have
been rostered for duty.
12a.8.2 An
employee in receipt of any of the allowances set at subclauses 6.6.3 to 6.6.13
(inclusive) immediately prior to their deployment shall continue to be paid
those allowances.
12a.8.3 An
employee who was performing higher duties immediately prior to their deployment
shall continue to be paid at that rate of pay of the rank or classification in
which the higher duties were being performed.
12a.8.4 Any
time worked pursuant to subclause 12a.4.2 shall only be compensated for by
subclause 12a.4.2, provided that an employee shall continue to accrue leave as
if they had worked their rostered hours of work pursuant to Clause 8.
12a.8.5 The
provisions of subclause 6.8 notwithstanding, the Commissioner may approve an
additional payment for an Executive Officer who, while on interstate or international deployment, worked additional hours to those contemplated by subclause
by 6.8.2.
12a.8.6 Any
stand off period shall be determined by the Commissioner having regard to each
employee's actual hours of work prior to and during their deployment, and to
their rostered hours of work following their deployment. Employees who are
granted stand off time shall do so without loss of
pay for ordinary working time during such absence.
13. Progression and
Promotion Provisions
13.1 This clause prescribes:
13.1.1 progression
and promotion provisions, and;
13.1.2 the
constitution and operation of the Training Review Committee.
Progression
and Promotion Provisions
13.2 All employees shall commence and remain on
probation until the expiration of six weeks following their progression to
Firefighter and shall thereafter be required to satisfy and maintain the
competencies specified, by the Commissioner on the advice of the Training
Review Committee, for the classification to which they are appointed.
Recruit Firefighter to Firefighter
13.3 Progression
from Recruit Firefighter to Firefighter shall be subject to the satisfactory
completion of the training and/or training competencies undertaken at the Fire
and Rescue NSW Training College and specified, by the Commissioner on the
advice of the Training Review Committee, for progression to Firefighter.
Firefighter to
Qualified Firefighter
13.4 Progression from Firefighter to Qualified Firefighter shall be subject to
twenty four (24) months service from the date of commencement as a Recruit
Firefighter and the satisfactory completion of the training and/or training
competencies specified, by the Commissioner on the advice of the Training
Review Committee, for progression to Qualified Firefighter.
13.5 Progression to Qualified Firefighter is a
mandatory achievement required for all Firefighters. Failure to achieve progression to this
classification within a reasonable time will result in the employee being
considered unsuitable for continued employment, and the employment of such an employee
will be terminated accordingly. In such circumstances, the Department will
advise the Union that the services of the employee are to be terminated.
Qualified
Firefighter to Senior Firefighter
13.6 Progression
from Qualified Firefighter to Senior Firefighter shall be subject to at least
seventy two (72) months service from the date of commencement as a Recruit
Firefighter and the satisfactory completion of the training and/or training
competencies specified, by the Commissioner on the advice of the Training
Review Committee, for progression to Senior Firefighter.
Senior Firefighter to Leading Firefighter
13.7 Progression from Senior Firefighter to
Leading Firefighter shall be subject to the satisfactory completion of the
Leading Firefighter Program specified by the Commissioner on the advice of the
Training Review Committee.
13.7.1 Applications
for Leading Firefighter Program positions shall be called for from eligible
applicants in Commissioner’s Orders, with the closing date for applications to
follow four weeks thereafter. The number and location of Leading Firefighter
Program positions available shall be specified in the same Commissioner’s Orders, and shall be solely dependent on the staffing needs
of the Department.
13.7.2 An
eligible applicant for the purposes of subclauses 13.7.1 and 13.7.3 shall be a
Senior Firefighter who: firstly, has completed at least twenty four (24) months
service with Fire and Rescue NSW at Senior Firefighter rank as of the closing
date for applications; secondly, has already taken the tests referred in
subclause 13.7.3; and thirdly, is permanently attached to a station within the
Transfer Register area in which the Leading Firefighter Program position is
available. For the purposes of subclause 13.7 only, the GSA shall be considered
a Transfer Register area and a permanent occupant of an Operational Support
position (an Operational Support applicant) shall be considered to be
permanently attached to a station within the GSA regardless of their actual
work location.
13.7.3 The
successful applicants for Leading Firefighter Program positions shall be
determined by order of the results achieved by eligible applicants in tests
specified by the Commissioner following consultation between the Department and
the Union. The Department shall accept
the same number of eligible applicants as there were positions advertised for
that location in accordance with subclause 13.7.1, provided that for each Operational
Support applicant who is initially accepted the Department shall also accept
one further non-Operational Support applicant, so that the final number of
non-Operational Support applicants accepted within the GSA shall be equal to
the number of positions advertised.
13.7.4 Senior
Firefighters accepted onto the Leading Firefighter Program who subsequently
fail to satisfactorily complete the Program within a reasonable time shall be
removed from the Program and shall not be readmitted to the Program unless and
until such time as they successfully re-apply pursuant to subclauses 13.7.1,
13.7.2 and 13.7.3.
Leading
Firefighter to Station Officer
13.8 Promotion from Leading Firefighter to
Station Officer shall be determined by the merit selection process
specified by the Commissioner following consultation between the Department and
the Union and shall be subject to successful
application for an advertised Station Officer vacancy and the subsequent
satisfactory completion of the Station Officer Program specified by the
Commissioner on the advice of the Training Review Committee.
13.8.1 Subject
to subclause 28.7, applications for promotion to Station Officer shall be
called for from Leading Firefighters with at least twelve (12) months service
with Fire and Rescue NSW at that rank as of the closing date for applications,
in Commissioner’s Orders, with the closing date for applications to follow four
weeks thereafter. The number (and, if located outside of the GSA and Regional
Transfer Register areas listed at subclause 28.2.2, both the number and the
location) of Station Officer positions available shall be specified in the same
Commissioner’s Orders, and shall be solely dependent on the staffing needs of
the Department.
13.8.2 Leading
Firefighters who successfully apply pursuant to subclause 13.8.1 (or Senior
Firefighters who successfully apply pursuant to subclause 28.7.2) and who subsequently
fail to satisfactorily complete the Station Officer Program within a reasonable
time shall be removed from the Program and shall cease to be eligible for such
promotion. Nothing shall prevent such employees from re-applying pursuant to
subclause 13.8.1.
Station
Officer to Leading Station Officer
13.9 Progression from Station Officer to Leading
Station Officer shall be subject to the
satisfactory completion of the Leading Station Officer Program specified by the
Commissioner on the advice of the Training Review Committee and, in the case of
a Station Officer who is a permanent occupant of an Operational Support Level 1
or Level 2 position or who applies pursuant to subclause 13.9.2.1.2, transfer
to a station within the GSA.
13.9.1 Applications
for Leading Station Officer Program positions shall be called for from eligible
applicants in Commissioner’s Orders, with the closing date for applications to
follow four weeks thereafter. The number and location of Leading Station
Officer Program positions available shall be specified in the same
Commissioner’s Orders, and shall be solely dependent
on the staffing needs of the Department.
13.9.2 An
eligible applicant for the purposes of subclauses 13.9.1 and 13.9.3 shall be a
Station Officer who has completed at least twelve (12) months service with Fire
and Rescue NSW at Station Officer rank as of the closing date for applications,
provided that:
13.9.2.1 if
the Leading Station Officer Program position available is located within the
GSA, the applicant must also be either:
13.9.2.1.1 permanently
attached to a station within the GSA; or
13.9.2.1.2 permanently
attached to a station located both outside of the GSA and outside of a Regional
Transfer Register Area; or
13.9.2.1.3 the permanent
occupant of an Operational Support position; or
13.9.2.2 if
the Leading Station Officer Program position available is located outside of
the GSA but within a Regional Transfer Register Area, the applicant must also
be permanently attached to a station within that Regional Transfer Register
area; or
13.9.2.3 if the Leading
Station Officer Program position available is at a Country Officer station (as
defined by subclause 28.7.2.1) and there is no Station Officer vacancy at that
station, the applicant must also be permanently attached to that station.
13.9.3 The
successful applicants for a Leading Station Officer Program position shall be
selected from the eligible applicants using the selection process specified by
the Commissioner following consultation between the Department and the Union.
The Department shall accept the same number of suitable eligible applicants as
there were positions advertised for that location in accordance with subclause
13.9.1.
13.9.4 Station
Officers accepted onto the Leading Station Officer Program who subsequently
fail to satisfactorily complete the Program within a reasonable time shall be
removed from the Program and shall not be readmitted to the Program unless and
until such time as they successfully re-apply pursuant to subclauses 13.9.1,
13.9.2 and 13.9.3.
Leading Station Officer to Inspector
13.10 Promotion from Leading Station Officer to
Inspector shall be determined by the merit selection process specified by the
Commissioner following consultation between the Department and the Union and
shall be subject to successful application for an advertised Inspector vacancy
and the subsequent satisfactory completion of the Inspector Program specified,
by the Commissioner on the advice of the Training Review Committee.
13.10.1 Subject
to subclause 28.7, applications for promotion to Inspector shall be called for
from Leading Station Officers with at least twelve (12) months service with
Fire and Rescue NSW at that rank as of the closing date of applications, in Commissioner’s
Orders, with the closing dates of applications to follow four weeks thereafter.
The number (and, if located in areas outside of the GSA and the Newcastle,
Central Coast and Illawarra Transfer Register areas, both the number and the
location) of Inspector and/or Operational Support Inspector positions available
shall be specified in the same Commissioner’s Orders, and shall be solely
dependent on the forward planning needs of the Department.
13.10.2 Leading Station Officers who successfully apply pursuant to
subclause 13.10.1 (or Station Officers who successfully apply pursuant to
subclause 28.7.3 or 28.7.4) and who subsequently fail to satisfactorily
complete the Inspector Program within a reasonable time shall be removed from
the Program and shall cease to be eligible for such promotion. Nothing shall
prevent such employees from re-applying pursuant to subclause 13.10.1.
Inspector to Superintendent
13.11 Promotion from Inspector to
Superintendent shall be determined by the merit selection process specified by
the Commissioner following consultation between the Department and the Union.
Chief Superintendent
13.12 Promotion from Inspector or
Superintendent to Chief Superintendent shall be determined by the merit
selection process specified by the Commissioner following consultation between
the Department and the Union.
General Provisions
13.13 While the progression/promotion provisions
specified in this clause refer to minimum periods of service as one of the
requirements for such progression/promotion, the Department and the Union
acknowledge and accept that:
13.13.1 as
the competency standards/levels required by Fire and Rescue NSW are determined
and established for each classification, the requirement for minimum periods of
service may, on specification by the Commissioner following consultation
between the Department and the Union in each case, no longer apply.
13.13.2 the
competency standards/levels required by Fire and Rescue NSW for each
classification shall be those as determined from time to time by the
Commissioner on the advice of the Training Review Committee.
13.13.3 an
employee with prior employment in the firefighting industry may apply to have
the minimum periods of service required for their progression to Qualified
Firefighter and/or to Senior Firefighter reduced. The extent of any reduction,
which shall not be retrospective, shall be determined by the Commissioner after
taking into account all of the circumstances of the
employee's prior employment.
13.14 In all cases, progression/promotion shall, in
addition to the provisions specified for such progression/promotion, also be
subject to satisfactory service.
13.15 The date that an employee satisfactorily
completes the required training and/or training competencies shall be the date
that the employee applied to be assessed and not the actual date of their
assessment. Where an employee is assessed as not yet competent in any of the
required training and/or training competencies then, provided the firefighter
requests re-assessment within one month of the ‘not yet competent’ assessment,
the date of satisfactory completion will be set back by one month after the
date the firefighter first applied to be assessed.
13.16 The
reference to “reasonable time” in subclauses 13.5, 13.7.4, 13.8.2, 13.9.4 and
13.10.2 means, in each instance, a period in excess of
twelve (12) months. The excess time to be allowed shall be determined by the
Commissioner after taking into account all of the
circumstances of the case of the employee concerned.
Training Review Committee (TRC)
13.17 The TRC shall provide advice to the
Commissioner on an effective and equitable system of training in Fire and
Rescue NSW using the principles of Competency Based Training.
13.18 The structure of the TRC will consist of 3
representatives of the Department and 3 representatives of the Union.
13.19 The Chairperson of the Committee will
alternate every 12 months between a nominee of the Department and the Union.
13.20 The role of the TRC will include (but not be
limited to):
13.20.1 advising
on the further development of training throughout Fire and Rescue NSW;
13.20.2 advising
on the implementation of a Competency Based Training regime throughout Fire and
Rescue NSW;
13.20.3 considering
Recognised Prior Learning (RPL) policy generally and in
particular, the consideration of individual applications for RPL.
13.21 Procedure
13.21.1 The
TRC will meet at least once every four weeks, or as otherwise agreed between
the parties;
13.21.2 Members
who are on shift on the day of the meeting will be released from day to day
operations, except in the event of an incident or other emergency circumstances, for the purposes of fulfilling the above
roles;
13.21.3 The
TRC will be adequately resourced by the Department so that it can effectively
fulfil the above roles.
13.22 The Commissioner is not
bound to accept the advice of the TRC and may act independently of the TRC to
implement changes to training, competencies and other matters covered by Clause
13 within Fire and Rescue NSW provided that notice of any such decision to
implement change is notified in accordance with clause 36.6 in which case clauses
36.7 to 36.9 inclusive shall apply.
14. Operational
Support Positions
Establishment of Operational
Support Positions
14.1 Operational Support positions shall be
identified and established as such by the Commissioner.
14.2 The format and content of each Position
Description referred to in subclause 14.4 shall be determined by the
Commissioner, but shall include, for each position:
14.2.1 Title;
14.2.2 Statement
of duties;
14.2.3 Essential
qualifications, which shall for all Operational Support Level 1 and Level 2
positions include at least forty eight (48) months
service from the date of commencement as a Recruit Firefighter;
14.2.4 Hours
of work, specifying which roster is to be worked pursuant to Clause 8 of this
Award; and
14.2.5 Operational
Support classification, either Level 1, Level 2, Inspector or Inspector and
Level 3, which shall be determined by the Commissioner following consultation
with the Union.
14.3 A copy of each proposed new or varied
Position Description will be forwarded to the Union which may elect to provide
a response within 14 days, and the Commissioner shall take any response into
account before making a determination. Subject
to any orders of the Industrial Relations Commission, a new or varied Position Description will take
effect 7 days following written notification to the Union of the Commissioner’s
determination.
14.4 A register of established Operational Support
Position Descriptions shall be maintained by both parties. Once established,
Position Descriptions may only be varied by the Commissioner, subject to 14.2
and 14.3.
General Conditions for Operational Support
Positions
14.5 Appointment to Operational Support positions
will be determined by merit selection and will be subject to the occurrence of
a vacancy. This includes accommodating an operational firefighter or officer
who is unable (either temporarily or permanently) to perform their regular duties
where reasonable adjustments can be made to the role description in line with
the individual’s medical restrictions and will not affect the performance of
the Operational Support role and duties. The employee must be willing and able
to perform the position in question.
14.5.1 Applications
for Operational Support positions shall be called for from eligible employees
in Commissioner’s Orders, with the closing date of applications to follow four
weeks thereafter.
14.5.2 In the event that no eligible employees
apply for an Operational Support Level 1 or Level 2 position at subclause
14.5.1 or that the merit selection process finds those who did apply unsuitable
for the Operational Support Level 1 or 2 position in question, applications
shall again be called for from eligible employees and, if the Commissioner
elects, from all Retained Firefighters with at least 48 months service with the
Department as a Retained Firefighter as of the closing date for applications in
Commissioner’s Orders, with the closing date of applications to follow four
weeks thereafter.
14.6 Subject to subclause 14.12, the rates of pay
for employees occupying Operational Support positions are as specified in Table
2 of Part C, Monetary Rates.
14.7 Unless expressly provided elsewhere within
this Award, the general conditions of employment for occupants of Operational
Support positions shall be the same as those applying to Operational
Firefighters generally pursuant to subclauses 1.4 and 1.5 of this Award.
14.8 Time
spent in an Operational Support position shall count for the minimum periods of
service required by Clause 13 Progression and Promotion.
14.9 Occupants of Operational Support positions
who are temporarily directed to undertake operational firefighting duties
and/or attend an incident in the capacity of their substantive operational
rank, not their Operational Support position, shall continue to be paid at
their Operational Support position's rate of pay.
14.9a Occupants of Operational Support positions
who request and who are permitted to temporarily resume operational
firefighting duties shall revert to, and be paid at the rate of, their
substantive operational rank for the duration of such resumption. Provided that
this subclause shall not apply in the case of interstate and international
deployments pursuant to Clause 12a.
14.10 The
Commissioner, in accordance with subclause 14.3, may decide to advertise a
particular position as both an Operational Support Station Officer and
Operational Support Level 2, in which case, the Operational Support Level 2
position will be advertised in Commissioner’s Orders first. Should no
application be received or no candidate found meritorious, then the position
will be readvertised in Commissioner’s Orders as an Operational Support Station
Officer and Operational Support Level 2, in which case, all employees with at
least 48 months service may apply, and if successful, be appointed to the
classification of Operational Support Level 2 and paid at the Operational
Support Station Officer rate of pay as expressed
in Table 2 of the Award. Applicants holding the rank of Station Officer may be appointed
as either an Operational Support Station Officer or Operational Support Level
2. Applicants holding the rank of Leading Firefighter shall be appointed as an
Operational Support Station Officer.
14.10.1 In the event that no
Station Officer or Leading Firefighter apply for an Operation Support Station
Officer position or that the merit selection process finds those who did apply
unsuitable for the Operational Support Station Officer position in question,
the vacancy shall be readvertised through Commissioner's Orders and filled by
merit selection from all Senior Firefighters with at least 36 months service
with Fire and Rescue NSW as a Senior Firefighter as of the closing date for
applications.
14.10.2 A Senior Firefighter
who successfully applies for an Operational Support Station Officer vacancy
pursuant to subclause 14.10.1 shall be required to satisfactorily complete the
Leading Firefighter Program (pursuant to subclause 13.7.4) prior to their
transfer to the station/location and performance of the duties of the vacant
Operational Support Station Officer position subject to subclause 7.5.5,
provided that a Senior Firefighter who successfully applies for an Operational
Support Station Officer position and who then satisfactorily completes the Leading
Firefighter Program shall not be progressed to Leading Firefighter and/or
promoted to Station Officer until they also satisfactorily complete the Station
Officer Program and then subclause 13.15 shall then apply.
14.10.3 Senior Firefighters
who successfully apply pursuant to subclause 14.10.1 and who subsequently fail
to satisfactorily complete the Station Officer Program (pursuant to subclause
13.8.2) within a reasonable time (as stipulated in subclause 13.16) shall be
removed from the Program and shall cease to be eligible for such promotion.
Nothing shall prevent such employees from re-applying pursuant to subclause
14.10.1.
14.10.4 A Senior Firefighter
selected pursuant to subclause 14.10.1 will be required to serve a period of 3
years in the position of Operational Support Station Officer, from the date of
their transfer pursuant to subclause 7.5.5.
14.10.5 A Station Officer or
Leading Firefighter selected pursuant to subclause 14.10 will be required to
serve a period of 2 years in the position of Operational Support Station
Officer, from the date of their transfer.
14.10.6 Any occupant chosen
for the position of Operational Support Level 2 pursuant to subclause 14.10,
shall be released and transferred at rank with 28 days’ notice.
14.10.7 A Station Officer or
Leading Firefighter selected pursuant to subclause 14.10 as an Operational
Support Station Officer or a Senior Firefighter selected pursuant to subclause
14.10.1 who applies to transfer during the mandatory serving periods expressed
in subclauses 14.10.4.and 14.10.5, shall be transferred at the rank held on
transfer to the Operational Support Station Officer position.
14.11
14.11.1 Subject to 14.11.2, occupants of
Operational Support Level 1, Level 2, Level 2a Level 3 and Level 3a positions
may with twenty eight days notice
elect to relinquish their Operational Support position and resume operational
firefighting duties at their substantive rank.
14.11.2 An employee who successfully applied for an
Operational Support Level 1 or Level 2 position whilst employed as a Retained
Firefighter pursuant to subclause 14.5.2 will be required to serve in that
Operational Support position for a minimum period of three years during which
the provisions of subclause 28.3.5 shall not apply, provided further that
transfer to operational firefighting duties shall be subject to the
satisfactory completion of the training and/or training competencies specified
for progression to Qualified Firefighter.
14.12 Urban
Search and Rescue Training (only) may be delivered by “casual” instructors, who
will be paid at the Operational Support Level 2 rate of pay (plus applicable
allowances) while performing USAR instructor duties and at their substantive
rank’s rate of pay (plus applicable allowances) at all other times.
14.13 The
classification of Operational Support Inspector shall be restricted to
applications from employees holding the rank of Leading Station Officer or
Inspector, or otherwise in accordance with subclause 28.7.4 unless the
Commissioner decides to advertise a particular position as both an Operational
Support Inspector and Operational Support Level 3 position, in which case
employees with at least 48 months service and holding the rank of Qualified
Firefighter, Senior Firefighter, Leading Firefighter or Station Officer shall
also be eligible to apply and shall, if successful, be appointed to the
classification of Operational Support Level 3 and
paid at the Operational Support Inspector rate of pay.
14.14 The classifications of Operational Support Levels 2 and 3 were
reclassified for occupants of these positions on 14 November 2014 (only) as
Operational Support Levels 2a and 3a.
14.15 The occupants of Operational Support Level 2a positions shall
remain in place and continue to receive the Operational Support Level 2a rate of pay specified at Table 2 of Part
C unless and until:
14.15.1 they
voluntarily cease to occupy that position; or
14.15.2 they
are promoted to either Station Officer or Inspector and elect to remain in
place, in which case they shall be reclassified as, and paid at the rate of,
Operational Support Level 2; or
14.15.3 they
are demoted or cease employment.
14.16 The
occupants of Operational Support Level 3a positions shall remain in place and
continue to receive the Operational Support Level 3a rates of pay specified at
Table 2 of Part C unless and until:
14.16.1 they
voluntarily cease to occupy that position; or
14.16.2 they
are promoted to Inspector and elect to remain in place, in which case they
shall be reclassified as, and paid at the rate of, Operational Support
Inspector; or
14.16.3 they
are demoted or cease employment.
14.17 The
occupant of an Operational Support Level 2a or Level 3a position who
involuntarily ceases to hold that position because the position is deleted or
because its Position Description is varied to the extent that the position is
effectively deleted, shall continue to receive the Operational Support Level 2a
or Level 3a rate of pay specified at Table 2 of Part C until the expiration of
12 months, or until they otherwise become entitled to a higher rate of pay, or
until they cease employment, whichever occurs first.
14.18 Employees with at least 48 months service who
otherwise satisfy the requirements of Clause 7 may perform higher duties in any
Operational Support Level 1 or Level 2 position, and in any Operational Support
position the Commissioner decides is both an Operational Support Inspector and
Operational Support Level 3 position.
Ad Hoc ComSafe duties
14.19 Off duty
employees who are not occupying an Operational Support position in ComSafe and who elect to perform ComSafe
duties shall be paid the hourly rate set at Item 20 of Table 3 of Part C of
this Award. It is expressly provided that an off duty
employee who is not occupying an Operational Support position in ComSafe cannot be directed to perform ComSafe
duties.
14.20 The hourly rate
prescribed at subclause 14.18 is an all
inclusive rate and, notwithstanding anything else prescribed in
this Award, employees receiving such rate shall:
14.20.1 only be
paid for the time actually worked, subject to a minimum payment equivalent to
three hours pay on each occasion and to continuous payment for work performed
on any calendar day;
14.20.2 be paid the accommodation allowances set at
Item 7 of Table 4 of Part C for each day that the distance travelled between
the employee’s residence and the furthest location where the work is performed
exceeds 100 kms and the employee resides away from home (evidence of which may
be required prior to payment), and shall not otherwise be entitled to payment
or compensation for travelling time or travelling costs or meals and/or
accommodation in connection with the work performed;
14.20.3 not be entitled to the payment of overtime
in connection with the work performed
15. Training and Staff
Development
15.1 Employees covered
by this Award will complete appropriate training, as specified by the
Commissioner from time to time, to improve the productivity and efficiency of
the Department's operations.
15.2 The appropriate
competencies based on relevant skills and qualifications requirements as
specified by the Commissioner for each classification level, shall be
progressively implemented and shall be subject to an ongoing process of review
and evaluation.
15.3 Upon request, the Department will consider
an application by an employee to attend a course which is appropriate, relevant and recognised by the Department but is not
essential for promotion. If approval is granted by the Department for the
employee to attend such a course, the employee shall be entitled to the
provisions of Clause 16 of this Award.
16. Training Course
Attendance Entitlements
16.1 The provisions of
this Clause shall apply to employees who participate, with Departmental
approval, in training programs, examinations or assessments conducted by, on
behalf of, or approved by the Department. For the purposes of this Clause, references
to "training" or "course" shall be taken to include such
examinations or assessments.
16.2 Accommodation
16.2.1 The Commissioner (or delegate) shall
approve appropriate accommodation for an employee, if it
can be demonstrated that an unreasonable amount of travelling time and/or
distance is involved when travelling to and from the employee's residence to
the training venue.
16.2.2 Where an employee attends a course within
the Greater Sydney Area (GSA), and if the travelling time to and from the
training venue exceeds two (2) hours each way (by the approved mode of
transport) or if the return distance from the employee's residence to the
training venue exceeds 175 kilometres, the employee shall be entitled to
appropriate accommodation.
16.2.3 Where Departmental accommodation is not
provided to an employee with an entitlement to accommodation, the relevant
accommodation allowance prescribed by Clause 26, Travelling Compensation shall
be paid.
16.2.4 Where it is not possible for an employee
to travel to the training venue on the first day of the course or where the
travelling time would be unreasonable to travel on the first day of the course,
the employee shall be entitled to appropriate accommodation on the evening
prior to the start of the course. If it is not possible for an employee to
travel from the training venue to his or her residence at the conclusion of the
course or if the travelling time would be unreasonable, the employee shall be
entitled to appropriate accommodation on the evening of the last day of the
course. Approval must be obtained from the Commissioner (or delegate) prior to
bookings being made.
16.2.5 Appropriate accommodation for employees
who attend courses outside the GSA shall be determined by the Commissioner (or
delegate) having regard to the above criteria.
16.2.6 Where the training program requires
evening attendance the employee shall be granted appropriate accommodation
irrespective of the employee's work location or residential address.
16.2.7 Notwithstanding the above, any employee
who considers that these criteria would cause undue hardship etc. may make
application for special consideration. All such applications will be considered
on their individual merits according to the program content and the starting
and completion times, on a daily basis.
16.3 Meals
16.3.1 Excluding the Recruit Firefighters
Program and Departmental training programs/courses which are conducted at
Departmental premises which have meal room facilities comparable to those
provided at fire stations, all employees attending training programs which
extend for a whole day shall be provided with morning/afternoon tea and lunch.
16.3.2 Where employees have been granted
approval for overnight accommodation and when such accommodation is provided by
the Department, expenses reasonably and properly incurred shall be reimbursed
in accordance with Clause 26, Travelling Compensation.
16.3.3 Employees who are not required to
accommodate themselves overnight shall, where appropriate, be paid the relevant
meal allowances prescribed by Clause 26, Travelling Compensation.
16.3.4 Meal allowances are not payable during times
at which an accommodation allowance (as prescribed in subclause 16.2.3 above)
has been claimed. A component of the accommodation allowance compensates for
the costs associated with breakfast, lunch and evening
meals.
16.4 Incidentals
16.4.1 Employees who are provided with
Departmental accommodation shall be entitled to claim the appropriate
incidentals allowance as prescribed by Clause 26, Travelling Compensation.
16.4.2 The incidental allowance cannot be
claimed for any day during which an accommodation allowance referred to in
subclause 16.2.3 above is paid. The incidental allowance forms a component of
the accommodation allowance and, amongst other things, recognises the cost
associated with personal telephone calls, etc.
16.5 Excess Fares
16.5.1 Any employee who incurs additional
transport costs while travelling to and from the training venue shall be
entitled to have the additional expenses reimbursed. The additional expenses will be calculated on the basis of public transport costs.
16.5.2 Where an employee is granted approval to
utilise the employee's private vehicle in lieu of public transport, the
appropriate specified journey rate, set at Item 1 of Table 4 of Part C, shall
be paid in respect of the kilometres travelled in excess of the employee's
normal journey to and from work.
16.5.3 Where a first class
rail service (or its equivalent) is reasonably available, an employee may
utilise this service and be reimbursed for the cost of the fare.
16.6 Excess Travelling
Time
16.6.1 Employees without an accommodation
entitlement shall be entitled to compensation for excess travelling time for
each day of the course.
16.6.2 Employees who accept accommodation shall
be entitled to compensation for excess travelling time in respect of the first
forward journey to and the last journey from the course venue. Where the course extends beyond one (1) week,
employees who return to their residences on weekends shall be entitled to
excess travelling time and excess fares for the additional forward and return
journeys.
16.6.3 Unless special circumstances exist,
employees who have an accommodation entitlement, but who decline accommodation,
shall only be entitled to compensation for excess travelling time in respect of
the first forward journey to and the last journey from the training venue.
16.6.4 Compensation shall be in accordance with
Clause 26, Travelling Compensation.
16.7 Mode of Transport
16.7.1 Employees shall be advised of the approved
transport arrangements prior to the commencement of the training program. Such
approval shall be based on the most practical and economic means of transport
having regard to the entitlements contained in this clause, provided that an
employee cannot be directed by the Department to use the employee's private
vehicle.
16.7.2 Any employee who wishes to use
alternative means of transport may only do so with the approval of the
Commissioner (or delegate). Such approval must be obtained before travel commences.
16.7.3 If approval is granted to travel by an
alternative means of transport any entitlements shall be based on the
arrangements approved under subclause 16.7.1.
16.8 Relieving
Allowances and Other Allowances
16.8.1 Attendance at a training program does not
in itself attract the payment of relieving allowances. However, any employee in
receipt of relieving allowances or other allowances relating to qualifications
or work performed at the time the program commences, shall continue to be paid
the allowances which would normally be paid. Provided that such allowances
shall only be paid for those days on which the employee would normally have
been rostered for duty.
16.8.2 Relieving employees shall not be paid any
additional relieving allowances as a consequence of
undertaking a training program.
16.9 Kilometre
Allowance
16.9.1 The kilometre allowance prescribed by
Clause 12, Relieving Provisions, is not payable to employees when they attend a
training program.
16.9.2 The provisions of subclause 16.5.2 above
shall apply to any employee who is granted approval to utilise his or her
private vehicle for transport to and from the training venue.
16.10 Attendance at
Courses Whilst on Annual or Long Service Leave or Rostered Off Duty
16.10.1 Subject to approval by the Department:
16.10.1.1 Where an employee elects to attend a course
whilst on annual leave or long service leave, he or she will be re-credited with
the appropriate leave for the hours spent attending the training course.
16.10.1.2 Where an employee elects to attend a course
whilst rostered off duty, he or she shall be paid at overtime rates for the
hours spent attending the course.
16.10.2 Where an employee is directed to attend a
course while rostered off duty, he or she may choose to either be paid at
overtime rates or be credited with consolidated leave for the hours spent attending the
course.
16.10.3 All travelling time shall be compensated in
accordance with Clause 26, Travelling Compensation.
16.11 Stand Off
16.11.1 Where an employee is required by the
Department to attend a course, any necessary stand off period shall be granted.
16.12 Payments in
Advance
16.12.1 Employees attending a training course may,
where reasonable and appropriate, elect to be advanced the following payments:
accommodation allowance
(subclause 16.2.3)
meal allowances (subclause
16.3.3)
incidental allowances
(subclause 16.4.1)
16.12.2 The advice to employees of course
arrangements shall be conveyed in writing and include details of the Centre at
which claims for advance payments should be submitted. Submitted claims must include a copy of the
relevant approval.
16.12.3 Accommodation allowances are only payable
when approval is given for an employee to make his or her own accommodation
arrangements.
17. Annual Leave
17.1 The provisions of subclauses 17.2 to 17.11
inclusive shall not apply to Executive Officers. The provisions of subclauses
17.12 to 17.17 inclusive shall not apply to Operational Firefighters. The
provisions of subclause 17.18 shall apply to all employees.
Operational Firefighters
17.2 Annual leave to the extent
of 190 hours full pay shall accrue to each employee in respect of each
completed year of service. This annual leave shall be added to the 91.2 hours
on full pay of thirty-eight hour week leave referred
to at subclause 8.1, resulting in a combined entitlement of 281.2 hours leave
which shall be known as “Annual Leave.” Employees shall over a 64 week cycle
accrue 344.91 hours of this combined “Annual Leave”, 336 hours of which shall
be taken in accordance with the leave roster at subclause 17.3, and the
residual 8.91 hours of which shall be converted to an annual amount of 7.25
hours per annum which shall be credited to each employee as consolidated leave
on the anniversary of the employee’s date of commencement of employment as an
Operational Firefighter.
17.3 The leave roster shall require each employee to be allocated a
leave group which shall operate over a 64 week cycle,
during which time each employee shall, depending on their particular leave
group, either:
17.3.1 work 1344 hours over a 32 week period, then take 192 hours of
combined annual leave and 38 hour leave over a four week period, then work 1008
hours over a 24 week period, followed by 144 hours of combined annual leave and
38 hours leave over a four week period; or
17.3.2 work 1008 hours over a 24 week period, then take 192 hours of
combined annual leave and 38 hour leave over a four week period, then work 1344
hours over a 32 week period, followed by 144 hours of combined annual leave and
38 hours leave over a four week period.
17.4 The Department may change an employee’s
leave group with reasonable notice provided that the following leave
adjustments are made in order to ensure that employees conclude each period of
"Annual Leave" neither in deficit nor credit for the thirty-eight
hour week leave component (only) of their "Annual Leave" balance:
17.4.1 If
the change of leave group delays the taking of annual leave and would therefore
result in the accrual of additional thirty-eight hour week leave then the
employee will not accrue that additional leave and will instead be credited
with an equal number of hours of consolidated leave; and
17.4.2 If
the change of leave group causes annual leave to be taken earlier, and before
the employee would have accrued sufficient "Annual Leave", then the thirty-eight
hour week leave component (only) of the employee's "Annual Leave"
balance shall be zeroed at the conclusion of that annual leave period.
17.5 Where the commencing date of the rostered
period of annual leave occurs whilst an employee is on sick leave and does not
return to duty within seven days of such date, the employee concerned shall be
entitled to elect whether to proceed immediately on annual leave or to commence
annual leave on one of the next six succeeding Fridays.
17.6 Employees other than those stationed at
Broken Hill or Moree shall on each anniversary of their appointment to the
service be credited with 16 hours consolidated leave in addition to the period
of annual leave prescribed by subclause 17.2.
17.7 Employees stationed at Broken Hill or Moree
shall on each anniversary of their appointment to the service be credited with
38.75 hours consolidated leave in addition to the period of annual leave
prescribed by subclause 17.2.
17.8 The taking of annual leave is subject to
Departmental requirements and, when unforeseen circumstances arise, may be
rescheduled by authority of the Commissioner, provided that the adjustment
mechanism set out at subclause 17.4 shall then apply.
17.9 In the event of the termination of the
employment of any employee for any cause with less than twelve months' service
from the date of the last leave accrued, the employee shall be paid pro rata
for leave for each month of service.
17.10 Occupants of Operational Support positions may
apply in writing to take their annual leave at some other time and, if
approved, such leave shall be deemed to have been taken in accordance with the
leave roster, provided that:
17.10.1 employees'
leave balances shall always be adjusted in accordance with the actual hours
taken; and
17.10.2 employees
must take at least four weeks annual leave in each twelve
month period; and
17.10.3 annual
leave taken under this subclause shall be taken either in one consecutive
period or two periods which shall be of three weeks and one week respectively,
or if the employee and the Department so
agree, in either two, three or four separate periods and not otherwise; and
17.10.4 up to 410 hours of annual leave may be
accrued before the Commissioner may direct an employee to take annual leave at
a time convenient to the Department, in which case the Commissioner shall
provide the employee at least 28 days notice.
17.11 Employees
may apply in writing to swap one or more sets of shifts within their next three
leave periods, and, if approved, the swapped leave shall be deemed to have been
taken in accordance with the employee’s own leave group.
Executive Officers
17.12 Executive Officers shall accrue annual leave
on full pay at the rate of twenty five (25) working
days per year.
17.13 Executive Officers shall accrue annual leave
from month to month only, but for the purpose of calculating annual leave which
may be due on the cessation of employment, credit shall be given for periods of
service of less than one (1) month.
17.14 Executive Officers may accrue annual leave up
to a maximum of forty (40) working days. Unless approved otherwise by the
Commissioner, the right to take any accrued annual leave in
excess of forty (40) working days shall be forfeited.
17.15 The Commissioner may direct an Executive
Officer to take such leave as is convenient to the workings of the Department.
17.16 Executive Officers shall not be granted annual
leave for any period of less than a quarter day or in other than multiples of a
quarter day.
17.17 Where application
is made by an employee in writing to the Commissioner that, by reasons of
special circumstances, which shall be specified, the Commissioner may
authorise, in writing, the taking of annual leave at some other time to be
determined by the Commissioner for the purpose of this Award, such leave shall
be deemed to have been taken in accordance with the leave roster.
All Employees
17.18 Prior to an
employee entering upon a period of annual leave, the employee may elect to be
paid with respect of the period of leave in one of the following ways:
17.18.1 in full when the employee commences the
period of leave; or
17.18.2 at the same time as the employee’s normal
pay would have been paid if the worker had remained on duty.
18. Compassionate Leave
18.1 In no way
restricting the right of the Commissioner to approve leave for compassionate
reasons in other circumstances, an employee other than a casual employee, shall
be entitled to up to two shifts (or two days in the case of day workers)
compassionate leave without deduction of pay, up to and including the day of
the funeral, on each occasion of the death of a person as prescribed in
subclause 18.3 of this clause.
18.2 The employee must
notify the employer as soon as practicable of the intention to take
compassionate leave and will, if requested by the employer, provide to the
satisfaction of the employer proof of death.
18.3 Compassionate
leave shall be available to the employee in respect to the death of a person
being:
18.3.1 a spouse of the
employee; or
18.3.2 a de facto spouse who,
in relation to a person, is a person of the 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; or
18.3.3 a child or an adult
child (including an adopted child, a stepchild, a foster child or an ex-nuptial
child), parent (including a foster parent and legal guardian), grandparent,
grandchild or sibling of the employee or spouse or de facto spouse of the
employee; or
18.3.4 a relative of the
employee who is a member of the same household where, for the purposes of this
subclause:
18.3.4.1 "relative"
means a person related by blood, marriage or affinity;
18.3.4.2 "affinity"
means a relationship that one spouse, because of marriage, has
to blood relatives of the other; and
18.3.4.3 "household"
means a family group living in the same domestic dwelling.
18.4 An employee shall
not be entitled to compassionate leave under this clause during any period in
respect of which the employee has been granted other leave.
18.5 Compassionate
leave may be taken in conjunction with other leave available under subclauses
22.2, 22.3, 22.4 and 22.5 of the said clause 22. In
determining such a request, the employer will give
consideration to the circumstances of the employee and the reasonable
operational requirements of the Department.
19. Examination and
Assessment Leave
19.1 Except as
specified otherwise by the Commissioner following consultation between the
Department and the Union, all
examinations and/or assessments required for progression or promotion shall be
arranged so that they take place when the employee is normally rostered for
duty on day shift.
19.2 Where the
Department is unable to make the necessary arrangements for an employee to sit an
examination/assessment on shift as per subclause 19.1 within two months from
the date the employee makes application for assessment, the employee may make
arrangements to sit the examination/assessment externally. In such cases, employees shall be entitled to
the conditions provided for by Clause 16, Training Course Attendance
Entitlements, of this Award. The Department shall notify the employee as early
as practicable of its inability to make such necessary arrangements.
19.3 An employee
sitting for an examination or assessment as per subclause 19.1 shall be
granted, prior to the examination or assessment, such paid leave as might
reasonably be necessary for attendance at the examination or assessment,
including travel.
20. Long Service Leave
20.1 Subject also to
the provisions of subclause 20.8, Long Service Leave calculated from the date
of appointment to the service shall accrue to employees in accordance with the
following entitlements:
20.1.1 After service for ten years, leave for
two months on full pay or four months on half pay.
20.1.2 After service in excess
of ten years:
20.1.2.1 Leave pursuant to subclause 20.1.1; and
20.1.2.2 In addition, an amount of leave proportionate
to the length of service after ten years, calculated on the basis of five
months on full pay or ten months on half pay, for ten years served after
service for ten years.
20.1.2.3 Long Service Leave shall not include annual leave.
20.2 Where the
services of an employee with at least five years but less than seven years service are terminated by the Department for any
reason other than the employee's serious and wilful misconduct, or by the
employee on account of illness, incapacity or domestic or other pressing
necessity, or by reason of the death of the employee, the employee shall, for
five years' service be entitled to one month's leave on full pay and for
service after five years to a proportionate amount of leave on full pay
calculated on the basis of three months' leave for fifteen years' service.
20.3 In the event of
the termination of the employment of the employee other than by death, the
monetary value of Long Service Leave due, if any, shall be paid to such
employee.
20.4
20.4.1 Approval to take Long Service Leave as provided
by this clause shall, subject to the exigencies of the Department, be granted
by the Department as and when such leave becomes due (i.e. after seven years)
or any time thereafter. Provided that an employee shall give notice, in
writing, to the Department of their intention to take such leave. The period of
notice required prior to the leave being taken is set out in sub clause 20.6.1.
20.4.2 Notwithstanding the provisions of
subclause 20.6.1, the period of notice referred to in subclause 20.6.1 may be
reduced on a case by case basis, subject to the discretion of the Commissioner.
20.5 Approval to take
Long Service Leave may be deferred by the Commissioner due to Departmental
requirements.
20.6 An employee may
apply to access long service leave for a minimum of their single rostered shift
as follows:
20.6.1 on full pay having provided one week’s
notice:
20.6.2 on half pay having provided two weeks’
notice; or
20.6.3 on double pay having provided two weeks’
notice.
20.7 When an employee
takes long service leave, such leave will be deducted as follows:
20.7.1 the number of days taken on full pay;
20.7.2 half the number of days taken on half
pay; or
20.7.3 twice the number of days taken on double
pay.
20.8 Prior to an
employee entering upon a period of Long Service Leave, the employee may elect
to be paid with respect of the period of leave in one of the following ways:
20.8.1 in full when the employee commences the
period of leave; or
20.8.2 at the same time as the employee’s normal
pay would have been paid if the worker had remained on duty.
20.9 Notwithstanding
anything elsewhere provided by this clause, effective on and from the date of
operation of this Award:
20.9.1 employees may apply to take pro-rata Long
Service Leave after the completion of seven (7) years of service. Additionally employees with such service shall be entitled
to pro-rata Long Service Leave on resignation or termination.
20.9.2 employees may apply to take a period of
Long Service Leave at double pay provided that:
20.9.2.1 The additional payment will be made as a non-superable
taxable allowance payable for the period of the absence from work.
20.9.2.2 The employee's leave balance will be debited for the actual
period of the absence from work and an equivalent number of days as are
necessary to pay the allowance.
20.9.2.3 Other leave entitlements, e.g., recreation leave, sick
leave and Long Service Leave will accrue at the single time rate where an
employee takes Long Service Leave at double time.
20.9.2.4 Superannuation contributions will only be made on the basis of the actual absence from work, i.e., at the
single time rate.
20.9.2.5 Where an employee other than an Executive Officer elects to
take Long Service Leave at double pay, the minimum & multiple periods of
actual absence as prescribed in 20.7 shall apply. Where an Executive Officer
elects to take Long Service Leave at double pay, the minimum period of actual
absence should be not less than one day.
20.9.3 where a public holiday falls during a
period of Long Service Leave the employee shall be paid for that day and
additionally it shall not be deducted from the period of the leave.
20.9.3.1 In respect of public holidays that fall during a period of
double pay Long Service leave an employee will not be debited in respect of the
leave on a public holiday. The employees
leave balance will however be reduced by an additional day to fund the
non-superable taxable allowance.
20.10 Entitlements to Extended Leave (Long Service
Leave) pursuant to the Public Sector Employment and Management Act 2002 shall
take effect on and from 5 October 1993, provided that the total years of
service will count for the determination of entitlements accruing from that
date.
21. Parental Leave
21.1 Definition of
Parental Leave
21.1.1 For the purposes of this clause, parental
leave is maternity leave, Other Parent leave or adoption leave.
21.1.2 Maternity leave is taken by a female
employee in connection with the pregnancy or the birth of a child of the
employee. Maternity leave consists of an unbroken period of leave.
21.1.3 Other Parent leave is leave taken by an
employee who becomes a parent but is ineligible to be granted either maternity
leave or adoption leave but is to be the primary care giver of a child or who
wishes to share the child caring duties with their partner.
21.1.4 Adoption leave is leave taken by a female
or male employee in connection with the adoption by the employee of a child
under the age of five (5) years (other than a child who has previously lived
continuously with the employee for a period of at least six (6) months or who
is a child or step-child of the employee or of the employee's spouse).
21.1.5 For the purposes of this clause,
"spouse" includes a de facto spouse and a former spouse.
21.2 Entitlement to
Parental Leave
21.2.1 An employee is entitled to parental
leave, as provided by this clause, in connection with the birth or adoption of
a child.
21.2.2 Maternity Leave - all female employees
who do not have the necessary service as prescribed in subclause 21.3.1 for
paid Maternity Leave, shall be entitled to unpaid maternity leave of up to
fourteen (14) weeks before the expected date of birth of the child.
21.2.3 Paid Maternity Leave may be granted to a
female employee subject to the following conditions -
21.2.3.1 The female employee has applied for Maternity Leave within
such time and in such manner as herein set out; and
21.2.3.2 Before the expected date of birth has completed not less
than forty (40) weeks' continuous service. Paid Maternity Leave shall be for a
period of fourteen (14) weeks at full pay or twenty-eight (28) weeks at half
pay from the date Maternity Leave commences.
21.2.3.3 In addition to the unpaid or paid
Maternity leave referred to in 21.2.2 & 21.2.3.2 respectively, all female employees
shall be entitled to a further period of unpaid Maternity leave, provided that
the total period of absence on Maternity leave shall not exceed sixty-one (61)
weeks.
21.2.3.4 The period over which Annual and/or
Long Service Leave combined with unpaid Maternity Leave, shall not exceed a
total period of two years from the date of birth of the child.
21.2.4 Short Adoption Leave is an unbroken
period of fourteen (14) weeks of unpaid leave, taken by an employee who does
not have the necessary service for paid Adoption Leave as prescribed in
subclause 21.3.1, from the time of placement of the child.
21.2.5 Paid Adoption Leave may be granted to an
employee adopting a child subject to the following conditions:
21.2.5.1 The employee has applied for Adoption Leave within such
time and in such manner as herein set out; and
21.2.5.2 Before the commencement of Adoption Leave the employee has
completed not less than forty (40) weeks' continuous service.
21.2.5.3 The employee is to be the primary care giver of the child.
21.2.5.4 Paid Adoption Leave shall be for a
period of fourteen (14) weeks at full pay or twenty-eight (28) weeks at half
pay of Adoption Leave or the period of Adoption Leave taken, whichever is the
lesser period.
21.2.5.5 In addition to the unpaid or paid
Adoption leave referred to in 21.2.4 & 21.2.5 of this subclause
respectively, all employees shall be entitled to a further period of unpaid
Adoption leave, provided that the total period of absence on Adoption leave
shall not exceed sixty-one (61) weeks.
21.2.6 Other Parent Leave is a period of up to a
maximum of fifty-two (52) weeks of either unpaid or a combination of paid and
unpaid parental leave taken from the date of birth of the child, or other
termination of the pregnancy. Application for such leave must be made within
such time and in such manner as herein set out. Other Parent leave shall
consist of -
21.2.6.1
21.2.6.1.1 an unbroken period of up to one (1) week unpaid leave (short
Other Parent leave) at the time of the birth of the child, or other termination
of the pregnancy, or
21.2.6.1.2 an unbroken period of up to one (1) week on full pay or two
(2) weeks on half pay at the time of the birth of the child, or other
termination of the pregnancy provided that at such time the employee has
completed not less than forty (40) weeks continuous service.
21.2.6.2 In addition to the unpaid or paid
Other Parent leave referred to in 21.2.6.1,
“Other Parent” employees shall be entitled to a further period of unpaid
Other Parent leave in order to be the primary care-giver of the child (extended
Other Parent leave), provided that the total period of absence on Other Parent
leave shall not exceed fifty-two (52) weeks.
21.2.7 Except as provided for in subclause
21.2.3 and 21.2.5, Parental Leave shall not extend beyond a period of 1 year
after the child was born or adopted.
21.3 Length of service
for eligibility
21.3.1 A female employee is entitled to paid
maternity leave or, in the case of both male and female employees, paid Other
Parent or adoption leave only if the employee has had at least 40 weeks'
continuous service.
21.3.2 There is no minimum period of employment
for eligibility for unpaid parental leave.
21.3.3 Continuous service is service under one
or more unbroken contracts of employment, including:
21.3.3.1 any period of authorised leave or
absence, and
21.3.3.2 any period of part-time work.
21.3.3.3 full or part time service within the Public Service or
within a Public Sector organisation listed in the schedules attached to the
Transferred Officers Extended Leave Act 1961 and in appendices A and
B contained in the Personnel Handbook published by the DPE.
21.4 Notices and
Documents required to be given to Commissioner
21.4.1 Maternity leave
The notices and documents to
be given to the Commissioner for the purposes of taking maternity leave are as
follows:
21.4.1.1 The female employee should give at least 8 weeks' written
or oral notice of the intention to take the leave (unless it is not reasonably
practicable to do so in the circumstances),
21.4.1.2 The female employee must, at least 4 weeks before
proceeding on leave, give written notice of the dates on which the employee
proposes to start and end the period of leave,
21.4.1.3 The female employee must, before the start of leave,
provide a certificate from a medical practitioner confirming that the employee
is pregnant and the expected date of birth.
21.4.2 Other Parent leave
The notices and documents to
be given to the Commissioner for the purposes of taking Other Parent leave are
as follows:
21.4.2.1 In the case of extended Other Parent leave, the employee
should give at least 10 weeks written or oral notice of the intention to take
the leave (unless it is not reasonably practicable to do so in the
circumstances),
21.4.2.2 The employee must, at least 4 weeks before proceeding on
leave, give notice of the dates on which the employee proposes to start and end
the period of leave,
21.4.2.3 The employee must, before the start of leave, provide a
certificate from a medical practitioner confirming that the employee's spouse
is pregnant and the expected date of birth,
21.4.2.4 In the case of extended Other Parent leave, the employee
must, before the start of leave, provide a statutory declaration by the
employee stating:
21.4.2.4.1 any period of maternity leave sought or taken by their spouse,
and
21.4.2.4.2 that they are seeking that period of extended Other Parent
leave to become the primary care-giver of a child.
21.4.3 Adoption leave
The notices and documents to
be given to the Commissioner for the purposes of taking adoption leave are as
follows:
21.4.3.1 In the case of extended adoption leave, the employee should
give written or oral notice of any approval or other decision to adopt a child
at least 10 weeks before the expected date of placement (unless it is not
reasonably practicable to do so in the circumstances),
21.4.3.2 The employee must give written notice of the dates on which
the employee proposes to start and end the period of leave, as soon as
practicable after the employee is notified of the expected date of placement of
the child but at least 14 days before proceeding on leave,
21.4.3.3 The employee must, before the start of leave, provide a
statement from an adoption agency or another appropriate body of the expected
date of placement of the child with the employee for adoption purposes,
21.4.3.4 In the case of extended adoption leave, the employee must,
before the start of leave, provide a statutory declaration by the employee
stating:
21.4.3.4.1 any period of adoption leave sought or taken by his or her
spouse, and
21.4.3.4.2 that the employee is seeking that period of extended adoption
leave to become the primary care-giver of a child.
21.4.4 An employee does not fail to comply with
this clause if the failure was caused by:
21.4.4.1 the child being born (or the pregnancy otherwise terminating)
before the expected date of birth, or
21.4.4.2 the child being placed for adoption before the expected
date of placement, or
21.4.4.3 other compelling circumstances.
In the case of the birth of
a living child, notice of the period of leave is to be given within two (2)
weeks after the birth and the certificate of the medical practitioner is to
state that the child was born and the date of birth. In the case of the
adoption of a child, notice of the period of leave is to be given within two
(2) weeks after the placement of the child.
21.4.5 An employee must notify the Commissioner
of any change in the information provided under this clause within two (2)
weeks after the change.
21.4.6 If required by the Commissioner, an
employee who applies for Parental Leave is to give the Commissioner a statutory
declaration, or enter into an agreement with the Commissioner, that for the
period of the leave the employee will not engage in any conduct inconsistent
with the employee's contract of employment.
21.5 Continuity of
service
Parental leave does not break an employee's continuity
of service, but subject to subclauses 21.5.1, 21.5.2 and 21.5.3, is not to be taken into account in calculating an employee's period of
service for any other purposes.
21.5.1 Any period of paid Adoption, paid
Maternity or paid Other Parent Leave shall count as full service for the
purposes of determining progression either within a classification or from one
classification to another. However, unpaid Parental Leave shall not count as
service for determining such progression.
21.5.2 Adoption Leave on full pay, Maternity
Leave at full pay and Other Parent Leave at full pay shall count as full
service for the purposes of determining all forms of leave.
21.5.3 Unpaid Parental Leave shall not count as
service for determining any form of leave entitlement, except for Long Service
Leave (Extended Leave) in cases where at least ten (10) years of service has
been completed and unpaid Parental Leave does not exceed six (6) months.
21.6 Simultaneous
taking of Parental Leave
Subject to subclause 21.20.1.1, Parental Leave is to be
available to only one parent at a time, in a single unbroken period, except
that both parents may simultaneously take:
21.6.1 For maternity and Other Parent leave, an
unbroken period of up to one week at the time of the birth of the child;
21.6.2 For adoption leave, an unbroken period of
up to three weeks at the time of the placement of the child.
21.7 Cancellation of
Parental Leave
21.7.1 Before starting leave
Parental leave applied for
but not commenced is automatically cancelled if:
21.7.1.1 the employee withdraws the application for leave by written
notice to the Commissioner, or
21.7.1.2 the pregnancy concerned terminates other than by the birth
of a living child or the placement of the child concerned does not proceed.
21.7.2 After starting leave
If:
21.7.2.1 the pregnancy of the employee or the employee's spouse
terminates other than by the birth of a living child while the employee or
spouse is on parental leave, provided:
21.7.2.1.1 if a child is still-born the female employee
may elect to take available sick leave or maternity leave;
21.7.2.1.2 in the event of a miscarriage any absence from work is to be
covered by the current sick leave provisions; or
21.7.2.2 the child in respect of whom an employee is then on parental
leave dies, or
21.7.2.3 the placement of a child for adoption purposes with an
employee then on adoption leave does not proceed or continue,
the employee is entitled to
resume work at a time nominated by the Commissioner within 2 weeks after the
date on which the employee gives the Commissioner a notice in writing stating
that the employee intends to resume work and the reason for the intended
resumption.
21.7.3 This provisions of
subclause 21.7 do not affect an employee's entitlement to special maternity
leave or special adoption leave.
21.8 Parental Leave
and other Leave
21.8.1 An employee may take any annual leave,
long service leave (extended leave) or consolidated leave to which the employee
is entitled instead of or in conjunction with parental leave.
21.8.2 However, the total period of leave cannot
be so extended beyond the maximum period of parental leave authorised by this
clause.
21.8.3 The maximum period of parental leave
authorised by this clause is reduced by any period of paid sick leave taken by
the employee while on maternity leave.
21.8.4 Any paid absence authorised by law or by
an award, enterprise agreement or contract of employment is not available to an
employee on parental leave, except if the paid absence is:
21.8.4.1 annual leave, long service leave (extended leave) or
consolidated leave, or
21.8.4.2 in the case of maternity leave - sick leave.
21.9 Employee and Commissioner
may agree to interruption of parental leave by return to work
21.9.1 An employee on parental leave may, with
the agreement of the Commissioner, break the period of leave by returning to
work for the Department, provided that:
21.9.1.1 A female employee who gives birth to a
living child shall not resume duty until six (6) weeks after the birth of the
child unless special arrangements for early return are made at the request of
the female employee and supported by a certificate from a qualified medical
practitioner;
21.9.1.2 A female employee who has returned to
full-time duty after less than her full entitlement to maternity leave, shall
be entitled to revert to maternity leave either on a full-time or part-time
basis if she so elects. This election may be exercised only once and a minimum
of four (4) weeks notice (or less if acceptable to
the Commissioner) of her intention to resume maternity leave must be given.
21.9.2 The period of leave cannot be extended by
such a return to work beyond the maximum period of leave authorised by this
clause.
21.10 Extension of
period of Parental Leave
21.10.1 An employee may extend the period of
parental leave once only by giving the Commissioner notice in writing of the
extended period at least fourteen (14) days before the start of the extended
period. The period of leave cannot be extended by such a notice beyond the
maximum period of leave authorised by this clause.
21.10.2 Subject to the provisions of subclause
21.20, an employee may extend the period of parental leave at any time with the
agreement of the Commissioner. The period of leave can be extended by such an
agreement beyond the maximum period of leave authorised by this clause.
21.10.3 This section applies to an extension of
leave while the employee is on leave or before the employee commences leave.
21.11 Shortening of
period of Parental Leave
An employee may shorten the period of parental leave
with the agreement of the Commissioner and by giving the Commissioner notice in
writing of the shortened period at least fourteen (14) days before the leave is
to come to an end.
21.12 Return to work
after Parental Leave
21.12.1 An employee returning to work after a
period of parental leave is entitled to be employed in:
21.12.1.1 the classification (if possible, at the same location) held
by the employee immediately before proceeding on that leave, or
21.12.1.2 if the employee was transferred to a safe job before
proceeding on maternity leave - the classification (if possible, at the same
location) held immediately before the transfer.
21.12.2 If the classification no longer exists but
there are other classifications available that the employee is qualified for
and is capable of performing, the employee is entitled to be employed in a
classification as comparable as possible in status and pay to that of the
employee's former classification.
21.12.3 The provisions of subclause 21.12 extend to
a female employee returning to work after a period of Special maternity leave
and sick leave.
21.13 Payment
21.13.1 Payment for the fourteen (14) weeks on full
pay or twenty-eight (28) weeks on half pay paid Maternity Leave may be made -
21.13.1.1 in advance in a lump sum; or
21.13.1.2 on a normal fortnightly basis, and shall be at the same
hourly rate as the rate paid for other forms of paid leave, and may include
payment of a higher duties allowance if the employee;
21.13.1.2.1 has acted in the higher position for a period in
excess of one year; and
21.13.1.2.2 the period of higher duties relief continues up to the day prior
to the employee's departure on maternity leave; and
21.13.1.2.3 the higher duties relief is at the full difference in pay.
21.13.2 Payment to eligible employees for the
fourteen (14) weeks on full pay or twenty-eight (28) weeks on half pay paid
Adoption Leave may be made -
21.13.2.1 in advance in a lump sum; or
21.13.2.2 on a normal fortnightly basis.
21.14 Commissioner's
Obligations
21.14.1 Information to Employees
On becoming aware that an
employee (or an employee's spouse) is pregnant, or that an employee is adopting
a child, the Commissioner must inform the employee of:
21.14.1.1 the employee's entitlements to parental leave under this
clause, and
21.14.1.2 the employee's obligations to notify the Commissioner of any
matter under this clause.
21.14.2 Records
The Commissioner must keep,
for at least six (6) years, a record of parental leave granted under this
clause to employees and all notices and documents given under this clause by
employees or the Commissioner.
21.15 Termination of
Employment because of Pregnancy etc
21.15.1 The Commissioner must not terminate the
employment of an employee because:
21.15.1.1 the employee is pregnant or has applied to adopt a child, or
21.15.1.2 the employee has given birth to a child or has adopted a
child, or
21.15.1.3 the employee has applied for, or is absent on, parental
leave,
but otherwise the rights of
the Commissioner in relation to termination of employment are not affected by
this clause.
21.15.2 For the purposes of establishing such a
termination of employment, it is sufficient if it is established that the
alleged reason for termination was a substantial and operative reason for
termination.
21.15.3 This clause does not affect any other
rights of a dismissed employee.
21.16 Replacement
employees
21.16.1 A replacement employee is a person who is
specifically employed as a result of an employee proceeding on parental leave
(including as a replacement for an employee who has been temporarily promoted
or transferred in order to replace the employee proceeding on parental leave).
21.16.2 Before a replacement employee is employed,
the Commissioner must inform the person of the temporary nature of the
employment and of the rights of the employee on parental leave to return to
work.
21.16.3 A reference in this clause to an employee
proceeding on leave includes a reference to a pregnant employee exercising a
right to be transferred to a safe job.
21.17 Transfer to a Safe
Job
21.17.1 This subclause applies whenever the present
work of a female employee is, because of her pregnancy or breastfeeding, a risk
to the health or safety of the employee or of her unborn or new
born child. The assessment of such a risk is to be made on the basis of a medical certificate supplied by the
employee and of the obligations of the Commissioner under the Occupational
Health and Safety Act 2000.
21.17.2 The Commissioner is to temporarily adjust
the employee's working conditions or hours of work to avoid exposure to risk as
follows -
21.17.2.1 Where a female employee is confirmed pregnant
she is to notify the Officer-in-Charge as soon as possible who will, in turn,
direct that she be withdrawn from operational firefighting duties;
21.17.2.2
21.17.2.2.1 The standard issue uniform is to be worn by members until the
pregnancy becomes apparent prior to the birth and from the tenth week, if
practicable, following the birth.
21.17.2.2.2 Employees will be provided with a maternity uniform for use when
appropriate.
21.17.2.3 An employee on maternity leave who gives birth to a living
child shall not resume operational firefighting duties until thirteen (13)
weeks have elapsed after the birth of the child unless a special request for
early return is made by the employee supported by a medical certificate from a
qualified medical practitioner, subsequently endorsed by the Department's
occupational physician.
21.17.2.4 Duties other than fire fighting may
be undertaken after six (6) weeks following the birth of the child, if endorsed
by the occupational physician.
21.17.2.5
21.17.2.5.1 Upon withdrawal from operational firefighting duties alternate
work of a suitable nature is to be provided.
21.17.2.5.2 Allocation of duties will be determined by the Department
following consultation between the Department's Occupational Health Physician,
the employee's Officer-in-Charge and the employee.
21.17.3 If such an adjustment is not feasible or cannot
reasonably be required to be made, the Commissioner is to transfer the employee
to other work where she will not be exposed to that risk.
21.17.4 If such a transfer is not feasible or
cannot reasonably be required to be made, the Commissioner is to grant the
employee maternity leave under this clause (or any available paid sick leave)
for as long as is necessary to avoid exposure to that risk, as certified by a
medical practitioner.
21.18 Special Maternity
Leave and Sick Leave
If the pregnancy of an employee not
then on maternity leave terminates before the expected date of birth (other
than by the birth of a living child) or she suffers illness related to her
pregnancy:
21.18.1 the employee is entitled to such period of
unpaid leave (to be known as special maternity leave) as a medical practitioner
certifies to be necessary before her return to work, or
21.18.2 the employee is entitled to such paid sick
leave (either instead of or in addition to special maternity leave) as she is
then entitled to and as a medical practitioner certifies to be necessary before
her return to work.
21.19 Special Adoption
Leave
An employee who is seeking to adopt a child is entitled
to up to two (2) days unpaid leave if the employee requires that leave to
attend compulsory interviews or examinations as part of the adoption procedure.
This leave may also be granted from a credit of consolidated leave.
21.20 Right to request
21.20.1 An employee entitled to parental leave may
request the employer to allow the employee:
21.20.1.1 to extend the period of simultaneous
parental leave up to a maximum of eight
weeks;
21.20.1.2 to extend the period of unpaid parental
leave for a further continuous period of leave not exceeding 12 months;
to assist the
employee in reconciling work and parental responsibilities.
21.20.2 The employer shall consider the request
having regard to the employee’s circumstances and, provided the request is
genuinely based on the employee’s parental responsibilities, may only refuse
the request on reasonable grounds related to the effect on the workplace or the
employer’s business.
21.20.3 Employee’s request and the employer’s
decision to be in writing:
The employee’s request and the
employer’s decision made under 21.20.1.1 and 21.20.1.2 must be recorded in
writing.
21.21 Communication
during parental leave
21.21.1 Where an employee is on parental leave and
a definite decision has been made to introduce significant change at the
workplace, the employer shall take reasonable steps to:
21.21.1.1 make information available in relation
to any significant effect the change will have on the status or responsibility
level of the position the employee held before commencing parental leave; and
21.21.1.2 provide an opportunity for the employee
to discuss any significant effect the change will have on the status or
responsibility level of the position the employee held before commencing
parental leave.
21.21.2 The employee shall take reasonable steps to
inform the employer about any significant matter that will affect the
employee’s decision regarding the duration of parental leave to be taken and
whether the employee intends to return to work.
21.21.3 The employee shall also notify the employer
of changes of address or other contact details which might affect the
employer’s capacity to comply with paragraph 21.21.1.
22. Carer's Leave
22.1 Use of Sick Leave
-
22.1.1 An employee, other than a casual employee,
with responsibilities in relation to a class of person set out in subclause
22.1.3.2, who needs the employee's care and support shall be entitled to use,
in accordance with this clause, any current or accrued sick leave entitlement,
provided for at Clause 23 of this Award, for absences to provide care and
support for such persons when they are ill.
Such leave may be taken for part of a single day.
22.1.2 The employee shall, if required,
establish, by production of a medical certificate or statutory declaration, the
illness of the person concerned and that the illness is such as to require care
by another person. In normal circumstances an employee must not take carer's
leave under this clause where another person has taken leave to care for the same
person.
22.1.3 The entitlement to use sick leave in
accordance with this clause is subject to:
22.1.3.1 the employee being responsible for the care of the person
concerned; and
22.1.3.2 the person concerned being:
22.1.3.2.1 a spouse of the employee; or
22.1.3.2.2 a de facto spouse who, in relation to a person, is a person of
the 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; or
22.1.3.2.3 a child or an adult child (including an adopted child, a
stepchild, a foster child or an ex-nuptial child), parent (including a foster
parent and legal guardian), grandparent, grandchild or sibling of the employee
or spouse or de facto spouse of the employee; or
22.1.3.2.4 a relative of the employee who is a member of the same
household where, for the purposes of this subclause:
22.1.3.2.4.1 "relative" means a person related by
blood, marriage or affinity;
22.1.3.2.4.2 "affinity" means a relationship
that one spouse, because of marriage, has to blood
relatives of the other; and
22.1.3.2.4.3 "household" means a family group
living in the same domestic dwelling.
22.1.4 An employee shall, wherever practicable,
give the Department notice, prior to the absence, of the intention to take
leave, the name of the person requiring care and their relationship to the
employee, the reasons for taking such leave and the estimated length of
absence. If it is not practicable for the employee to give prior notice of
absence, the employee shall notify the Department by telephone of such absence
at the first opportunity on the day of absence.
22.2 Unpaid Leave for
Family Purpose -
22.2.1 An employee may elect, with the consent
of the Department, to take unpaid leave for the purpose of providing care and
support to a class of person, as set out in subclause 22.1.3.2, who is ill.
22.3 Annual Leave -
22.3.1 An employee may elect, with the consent
of the Department, subject to the Annual Holidays Act 1944, to take
annual leave not exceeding five (5) days in any calendar year at a time or
times agreed upon by the Department and the Union.
22.4 Time Off in Lieu
of Payment for Overtime -
22.4.1 An employee may elect, with the consent
of the Department, to take time off in lieu of payment for overtime at a time
or times agreed upon with the Department within twelve (12) months of the said
election.
22.4.2 Overtime taken as time off during
ordinary-time hours shall be taken at the ordinary-time rate, that is, an hour
for each hour worked.
22.4.3 If having elected to take time as leave, in
accordance with subclause 22.4.1 above, the leave is not taken for whatever
reason, payment for time accrued at overtime rates shall be made at the expiry
of the (twelve) 12 month period or on termination.
22.4.4 Where no election is made in accordance
with subclause 22.4.1, the employee shall be paid their overtime in accordance
with this Award.
22.5 Make-up Time -
22.5.1 An employee may elect, with the consent
of the Department, to work "make-up time", under which the employee
takes time off ordinary hours and works those hours at a later time during the
spread of ordinary hours provided in this Award, at the ordinary rate of pay.
22.5.2 An employee on shift work may elect, with
the consent of the Department, to work "make-up time", under which
the employee takes time off ordinary hours and works those hours at a later
time, at the shift work rate which would have been applicable to the hours
taken off.
23. Sick Leave
23.1 The management of
sick leave by the Department will be underpinned by an Attendance Management
System that seeks to support employees in maintaining their health and
recovering from illness or incapacity, and ensuring
that sick leave is used only for legitimate purposes.
23.2 In every case of
illness or incapacity sustained by an employee whilst off duty, the following
conditions shall apply.
23.3 Such employee
shall, as soon as practicable, inform their immediate supervisor of such
inability to attend for duty and, as far as possible, shall state the estimated
duration of their absence.
23.4 Subject to the
provisions of subclause 23.8, such employee shall forward to the Department’s
Health and Safety Branch by Electronic Self Service (ESS), a medical
certificate stating the nature of the illness or incapacity and, if known, the
date the employee is fit to resume duty. If a medical certificate does not
specify the date the employee is fit to resume duty, the employee must, before
being entitled to resume duty, forward a further medical certificate to the
effect that the employee has recovered from the illness or incapacity and is
fit for duty, unless the employer dispenses with this requirement. The Health
and Safety Branch shall ensure that personal medical information provided
pursuant to this clause is not disclosed to any employees of the Department
outside of the Health and Safety Branch.
23.5 If so required,
such employee shall submit to examination by the Department's medical officer.
23.6 Every employee
who is absent from duty for a period of more than twenty-eight days shall be
examined by the Department's medical officer or a medical officer nominated by
the Department and must be certified by such medical officer as fit for duty
prior to being permitted to resume duty. An employee who is required to attend
the Department's medical officer or nominated medical officer shall be
reimbursed any out of pocket expenses reasonably and necessarily incurred. The
Department shall meet the cost of any such consultation.
23.7 The granting of sick
leave, the duration thereof and the pay, if any, for the same shall be on the
following basis:
23.7.1 One hundred and forty-four hours on full
pay in any one year.
2.7.2 Effective 17 February 1997, the sick
leave prescribed in 23.7.1 shall be fully cumulative less any sick leave taken.
23.7.3 Sick leave beyond the scale provided for
shall be sick leave without pay.
23.7.4 Sick leave is intended to be allowed in
respect of absences from duty caused by ordinary illness or incapacity for duty
as the result of an illness or injury sustained whilst off duty. When the
incapacity is due to organised sporting activity or paid work, unconnected with
the Department, any sick leave payment shall take into account any benefit in
the nature of sick leave or workers compensation payments the employee
concerned receives from the body organising the sporting activity or paid work,
but to the extent of such benefit, the employee's sick leave entitlement shall
not be affected.
23.7.5 Where payment has been made for sick
leave, under this clause, to an employee whose sick leave entitlement
previously has been exhausted, or whose right to sick leave is not established,
the Department may deduct the amount overpaid from the salary of the employee
concerned in the next pay period or, if such a deduction would cause hardship,
in accordance with the provisions of subclause 6.15 of this Award.
23.7.6 Recruit Firefighters shall be eligible
for sick leave. However, such employees shall only be entitled to use up to and
including 72 hours of sick leave.
23.7.7 When the incapacity is due to a cause
which would entitle an employee to workers' compensation, the Department shall
pay the difference between the amount of workers' compensation payment and the
ordinary rate of pay of the employee concerned. The employee's entitlement for
sick leave arising from ordinary illness shall not be affected.
23.7.8 The employee shall prove to the
satisfaction of the Department, or, in the event of a dispute, to the
satisfaction of the Industrial Relations Commission, that the employee was
unable, on account of such illness or incapacity, to attend for duty on that
day or days for which sick leave is claimed. Payment shall not be allowed for
such leave until this condition is fulfilled. A medical certificate tendered in
support of such claim shall state the illness or incapacity, and that the
employee was prevented by such illness or incapacity from attending for duty on
the day or days for which sick leave is claimed.
23.8 Employees are
entitled to take unsupported sick leave absences, where no medical certificate
is required, subject to the following provisions:
23.8.1 Such absences may not exceed 3 separate
occasions in any calendar year, where an ‘occasion’ shall be a shift or part of
a shift (or in the case of Executive Officers, 3 separate days in any calendar
year; and
23.8.2 Such absences may not be taken on
consecutive days; and
23.8.3 Such absences may not be taken on public
holidays; and
23.8.4 Such absences may not be taken in
relation to any matter that may be covered by workers’ compensation.
Commitment to Reduction in Sick Leave Levels
23.9 The Parties to this Award are committed to ensuring
a reduction in the cost associated with sick leave.
23.10 To ensure that sick leave levels are reduced,
the Parties have agreed to implement a policy for the management of employee
absence relating to personal illness and injury.
23.11 It is accepted that the Attendance Management
Policy for Permanent Firefighters will place the Parties to this Award,
including all employees covered by the Award, under an obligation to
effectively manage sick leave in order to achieve the
targeted reduction. To that end, the
Parties will work co-operatively to ensure the implementation and success of
the Attendance Management Policy for Permanent Firefighters.
Review
Mechanisms
23.12 During
the life of the Award, the Department and the Union will, at regular intervals,
monitor and review the operation of the Attendance Management Policy for
Permanent Firefighters and the data on reduction in average sick leave levels.
23.13 At
each review the Department and the Union will assess progress against sick
leave reduction targets.
23.14 Subject to clause 23.15, if targets are not being met the
Department will, after consultation with the Union, identify and implement the
additional measures required to meet the targets and will vary the Attendance
Management Policy for Permanent Firefighters accordingly.
23.15 In the event of a dispute as to a proposed variation, then provided
the Union notifies a dispute within 7 days, the issue as to any proposed
variation will be dealt with by the Industrial Relations Commission and during
that process the status quo in regards to sick leave then applying will operate
unless otherwise varied or altered by the Commission.
Executive
Officer entitlements
23.16 Sick Leave on full pay accumulates at the rate of fifteen (15) days
each calendar year, and any such accrued leave not taken is fully cumulative.
23.17 For
the purpose of subclause 23.16 "service" means continuous service.
23a. Domestic and
Family Violence Leave
23a.1 The definition
of domestic violence is found in clause 4, Definitions of this Award;
23a.2 Employees
experiencing domestic violence are entitled to 10 days paid domestic and family
violence leave per calendar year (non-cumulative and able to be taken in
part-days, single days, or consecutive days). The leave is to be available for
employees experiencing domestic and family violence, for purposes including:
23a.2.1 seeking safe accommodation;
23a.2.2 attending medical, legal, police or
counselling appointments relating to their experience of domestic and family violence;
23a.2.3 attending court and other legal proceedings
relating to their experience of domestic and family violence;
23a.2.4 organising alternative care or education
arrangements for their children; or
23a.2.5 other related purposes approved by the
employer.
23a.3 The
leave entitlement can be accessed without the need to exhaust other existing
leave entitlements first.
23a.4 When
approving leave, Fire and Rescue NSW needs to be satisfied, on reasonable
grounds, that domestic and family violence has occurred, and may require proof
such as:
23a.4.1 an agreed document issued by the Police
Force, a court, a domestic violence support service or a member of the legal profession;
23a.4.2 a provisional, interim
or final Apprehended Violence Order (AVO), certificate of conviction or family
law injunction; or
23a.4.3 a medical certificate.
23a.5 Part-time
employees will be entitled to the leave on a pro-rata basis.
23a. 6 Where
the entitlements provided by this clause have been exhausted, other available
leave entitlements provided for under this Award may be applied for by
employees experiencing domestic and family violence.
23a.7 Personal
information concerning domestic violence will be kept confidential by the
Department.
23a.8 The
Department, where appropriate, may facilitate flexible working arrangements
subject to operational requirements, including changes to working times and
changes to work location, telephone number and email address.
24. Special Leave for
Union Activities
24.1 Attendance at
Union Conferences/Meetings
24.1.1 Employees who are members of the Union
and accredited by the Union as a delegate (including an employee elected to
hold office within the Union) are entitled to special leave with pay to attend
the following:
24.1.1.1 annual or bi-annual conferences of the Union; and
24.1.1.2 annual conferences of the United Firefighters Union of
Australia; and
24.1.1.3 meetings of the Union's Executive/Committee of Management;
or
24.1.1.4 annual conference of Unions NSW; or
24.1.1.5 bi-annual conference of the Australian Council of Trade
Unions; and
24.1.1.6 meetings of the Death and Disability Board of directors.
24.1.2 While there is no limit on special leave
for Union activities, such leave is to be kept to a minimum and is subject to
the employee:
24.1.2.1 establishing accreditation as a delegate with the Union;
and
24.1.2.2 providing sufficient notice of absence to the Department;
and
24.1.2.3 lodging a formal application for special leave.
24.1.3 Such leave is also subject to the Union:
24.1.3.1 providing documentary evidence to the Department about an
accredited delegate in sufficient time to enable the Department to make arrangements for performance of duties; and
24.1.3.2 meeting all travelling, accommodation and any other costs
incurred for the accredited delegate; and
24.1.3.3 providing the Department with confirmation of attendance of
the accredited delegate.
24.1.4 Providing the provisions of this clause
are satisfied by both the employee and the Union, the Department shall:
24.1.4.1 release the accredited delegate for the duration of the
conference or meeting;
24.1.4.2 grant special leave (with pay); and
24.1.4.3 ensure that the duties of the absent delegate are performed
in his/her absence, if appropriate.
24.1.5 Period of Notice
24.1.5.1 Generally, dates of conferences or meetings are known well
in advance and it is expected that the Department would be notified as soon as
accreditation has been given to a delegate or at least two weeks before the
date of attendance.
24.1.5.2 Where extraordinary meetings are called at short notice, a
shorter period of notice would be acceptable, provided such notice is given to
the Department as soon as advice of the meeting is received by the accredited
delegate.
24.1.6 Travel Time
24.1.6.1.1 Where a delegate has to travel to
Sydney, inter or intra State, to attend a conference or meeting, special leave
will also apply to reasonable travelling time to and from the venue of the
conference or meeting.
24.1.6.1.2 No compensation is to be provided if travel can be and is
undertaken on an accredited delegate's non-working day or before or after
his/her normal hours of work.
24.1.7 Payment
24.1.7.1 Employees entitled to special leave in terms of this clause
shall, for such special leave, receive their normal rate of pay. Provided that
for the purpose of this clause "normal rate of pay" will include
allowances, except for the Relieving Allowance set at Item 16 of Table 3 of
Part C.
24.1.8 Special leave in terms of this clause
shall count as service for all purposes.
24.1.9 Availability of Special Leave
24.1.9.1 Special leave shall not be available to employees whilst
they are rostered off duty or on any period of other leave.
24.2 Attendance at
Courses/Seminars Conducted or Supported by TUEF
24.2.1 Except where inconsistent with the
provisions of subclause 24.2, the provisions of subclause 24.1 of this clause
shall also apply for attendance at courses or seminars conducted or supported
by the Trade Union Education Foundation (TUEF).
24.2.2 Up to a maximum of 12 days in any period
of two years may be granted to employees who are members of the Union.
24.2.3 The grant of leave to attend courses or
seminars conducted or supported by TUEF, is subject to the following
conditions:
24.2.3.1 Departmental operating requirements permit the grant of
leave and the absence does not result in working of overtime by other employees;
24.2.3.2 Expenses associated with attendance at such courses or
seminars, e.g. fares, accommodation, meal costs, etc., will be required to be
met by the employee concerned but, subject to the maximum prescribed in
subclause 24.2.2., special leave may include travelling time necessarily
required during working hours to attend courses or seminars;
24.2.3.3 Applications for leave must be accompanied by a statement
from the Union that it has nominated the employee concerned for such a course
or seminar and supports the application.
25. Court Attendance
Entitlements
25.1 The provisions of
this clause shall apply to employees attending Court and related conferences as
a:
25.1.1 result of the duties performed by the
employee in the employee's position with the Department, including attendance
at an incident.
25.1.2 witness for the Crown but not as a result of the duties performed by the employee in the
employee's position with the Department.
25.1.3 witness in a private capacity.
25.2 Attendance at
Court as a result of the duties performed by an
employee in the employee's position with the Department, including attendance
at an incident.
25.2.1 Such attendance shall be regarded as
attendance in an Official Capacity and uniform must be worn.
25.2.2 The employee is entitled to be reimbursed
for all expenses reasonably and necessarily incurred in
excess of any reimbursement for expenses paid by the Court. Any such
claim shall be in accordance with Clause 26, Travelling Compensation. Other
than as provided by subclause 25.2, employees are not entitled to claim nor
retain any monies as witness' expenses. Any monies received, other than
reimbursement of expenses actually and necessarily incurred, shall be paid to
the Department.
25.2.3 Where the employee is required to attend
while off duty, overtime shall be paid from the time of arrival at the Court to
the time of departure from the Court. Travelling time shall be compensated in
accordance with Clause 26, Travelling Compensation. Where approval has been
given to the employee to use the employee's private vehicle, employees shall be
entitled to receive the appropriate Specified Journey Rate prescribed at Item 1
of Table 4 of Part C. All public transport costs,
reasonably and necessarily incurred, shall be fully reimbursed.
25.2.4 Where the employee receives a subpoena or
notification of a requirement to attend Court, the employee must ensure that
the Officer-in-Charge is informed of those commitments immediately. As far as
is practicable, employees who are required to attend Court in an Official
Capacity shall do so free from their ordinary duties and responsibilities.
25.2.5 The following provisions are to apply to
ensure that employees attending Court are given adequate time free from duty to
meet Court commitments:-
25.2.5.1 Day Shift
Where an employee is
rostered to work a day shift arrangements must be made
within the normal protocol for the employee to be relieved whilst attending
Court.
25.2.5.2 Night Shift
An employee required to
attend Court shall not be rostered for duty on the night shift which ceases on
the day of the Court proceedings. When the employee is released from duty at
the Court, and if required to report for duty that evening, such duty shall not
commence until an eight hour break has been taken,
pursuant to subclause 9.10 of Clause 9, Overtime.
25.2.6 Where the employee is recalled to duty to
attend Court while on Annual or Long Service Leave:
25.2.6.1 For each day or part thereof, such employee may elect to be
recredited with a full days leave or to be paid a minimum of eight hours at the
rate of time and one half (i.e., half time in addition) for the first two hours
and double time (i.e., time in addition) thereafter.
25.2.6.2 Time worked in excess of eight
hours on any recall to duty during annual or long service leave shall be
compensated at the rate of double time. The calculation of time worked for the
purpose of calculating double time shall commence from the time duty commences
at Court until the employee is excused from the Court.
25.2.6.3 Where the combined period of travelling time and Court
attendance is less than or equal to eight hours, travelling time is included in
the minimum payment prescribed in subclause 25.2.6.1. Where the combined period
of Court attendance and travelling time exceeds eight hours, the excess
travelling time shall be compensated for in terms of Clause 26, Travelling
Compensation.
25.2.7 Where an employee is subpoenaed to attend
Court while on Sick Leave it is the responsibility of the employee to ensure
that the circumstances are communicated to the Court. If the employee is still required to and does
attend Court, the sick leave debited for that period will be recredited and the
entitlement to reimbursement of expenses referred to above shall apply.
25.2.8 "Stand-By"
25.2.8.1 "Stand-By" for the purposes of this clause only,
means a period when an employee is required to be immediately available, upon
notice, to attend Court.
25.2.8.2 Where an employee is required to be on stand-by during a
shift or, during any period when the employee is rostered off duty, the
employee must, as soon as the requirement is known, advise his/her
Officer-in-Charge.
25.2.8.3 Written confirmation from the Court of such necessity to be
on Stand-By must also be provided.
25.2.8.4 Where an employee is rostered off-duty and is on Stand-By,
the employee shall be entitled to be paid the appropriate amounts set at Item
18 of Table 3 of Part C.
25.3 Where an Employee
Attends Court as a Witness for the Crown but not as a result
of the duties performed by the employee in the employee's position with
the Department.
25.3.1 Employees shall be granted special leave
of absence with pay for the period they are necessarily absent from duty, and
shall pay to the Department all monies paid to them as witnesses, other than
monies paid as a reimbursement of out of pocket expenses incurred by them in
consequence of being so subpoenaed.
25.4 Where an Employee
Attends Court in a Private Capacity, (i.e., not subpoenaed by the Crown).
25.4.1 Employees shall be granted leave of absence
without pay for the period they are necessarily absent from duty or, if they so
desire, may apply for consolidated leave and, in either case, may retain monies
paid to them as witnesses.
26. Travelling
Compensation
26.1 Excess Travelling
Time
When an Operational Firefighter is required to travel
outside their normal hours of duty the Operational Firefighter may apply for
payment for excess time spent travelling, subject to the following:
26.1.1 If the travel is on a non-working day and
is undertaken by direction of the Commissioner or an authorised officer, the
Operational Firefighter is entitled to the benefit of subclause 26.1.
26.1.2 Where the travel is on a working day, the
excess time spent travelling before the normal commencing time or after the
normal ceasing time, rounded to the lower quarter hour, shall be counted for
the benefit of subclause 26.1.
26.1.3 Payment for excess travelling time on
both a working day and a non-working day shall be at the Operational
Firefighter’s ordinary rate of pay on an hourly basis (calculated by dividing
the “Per Week” rate of pay by 40) subject to a ceiling of the hourly rate of
pay of a Station Officer set at Item 3 of Table 4 of Part C.
26.1.4 Where the Operational Firefighter has
travelled overnight but has been provided with sleeping facilities, the
travelling time shall not include travel between 2300 hours on one day and 0730
hours on the next day.
26.1.5 Travelling time does not include time
spent:
26.1.5.1. travelling on permanent transfer where the transfer involves
promotion with increased salary; or as a consequence of a breach of discipline
by the employee; or is at the employee's request; or is under an arrangement
between employees to exchange positions;
26.1.5.2 travelling by ship on which meals and accommodation are
provided; or
26.1.5.3 taking a meal when the employee stops a journey to take the
meal.
26.1.6 Travelling time shall be calculated by
reference to the use of the most practical and economic means of transport.
26.1.7 Payment will not be made or allowed for
more than eight (8) hours in any period of twenty four
(24) hours.
26.2 Waiting Time
When an Operational Firefighter qualifies for the benefit
of Excess Travelling Time, necessary waiting time is to be counted as
Travelling Time calculated as follows:
26.2.1 Where there is no overnight stay with
accommodation at a centre away from the employee's residence or normal work
location, one hour shall be deducted from:
26.2.1.1 the time between arrival at the centre and the commencement
of duty; and
26.2.1.2 the time between ceasing duty and the time of departure
from the centre.
26.2.2 Where overnight accommodation is
provided, any time from arrival until departure shall not count as waiting time
except as follows:
26.2.2.1 if duty is performed on the day of arrival, the time less one hour between arrival and the commencement of
duty; and
26.2.2.2 if duty is performed on the day of departure, the time less one hour from the completion of duty to
departure; or
26.2.2.3 if no duty is performed on day of departure the time after
0830 hours until departure.
26.3 Meal Allowances
26.3.1 When an employee is required to perform
official duty at a temporary work location and is not required to reside away
from home (a one day journey), the employee shall be eligible to be paid the
following meal allowances subject to the following conditions:
26.3.1.1 For breakfast when required to commence travel at/or before
0600 hours and at least one and a half hours before the normal commencing time,
the amount set at Item 4 of Table 4 of Part C.
26.3.1.2 For lunch when, by reason of the journey, an employee is
unable to take lunch at the place or in the manner in which the employee
ordinarily takes lunch and is put to additional expense, the amount set at Item
5 of Table 4 of Part C or an amount equivalent to the additional expense,
whichever is the lesser.
26.3.1.3 For an evening meal when required to work or travel until
or beyond 1830 hours and at least one and a half hours after the ordinary
ceasing time, an amount set at Item 6 of Table 4 of Part C.
26.3.1.4 Meal Allowances shall not be paid where the employee is
provided with an adequate meal.
26.4 Accommodation
Allowances
When an employee is required to perform official duty
at a temporary work location which requires the employee to reside away from
home and the employee is not provided with accommodation by the Government, the
employee shall be eligible to be paid the following accommodation (sustenance)
allowances subject to the conditions set out below:
26.4.1. For the first 35 calendar days, the
appropriate amounts set at Item 7 of Table 4 of Part C;
or
26.4.2 The actual necessary expenses for meals
and accommodation (actuals), together with incidental expenses as appropriate,
set at Item 8 of Table 4 of Part C. The necessary expenses do not include
morning and afternoon tea.
26.4.3 After the first 35 calendar days and for
up to six months an employee shall be paid an allowance at the rate set at Item
9 of Table 4 of Part C provided the allowance paid to an employee, temporarily
located in Broken Hill, shall be increased by 20%. The allowance is not payable
in respect of:
26.4.3.1 Any period during which the employee returns home on
weekends or public holidays commencing with the time of arrival at the
residence and ending at the time of departure from the residence; or
26.4.3.2 Any other period during which the employee is absent from
the temporary work location (including leave) otherwise than on official duty,
unless approved by the Commissioner.
26.4.4 The capital city rate shall apply to
Sydney as bounded by the GSA.
26.4.5
26.4.5.1 Where an employee proceeds directly to a temporary work
location in a Capital city and returns direct, the Capital city rate applies to
the whole absence.
26.4.5.2 Where an employee breaks the journey, other than for a
meal, in a centre that is not a capital city, the capital city rate applies
only in respect of the time spent in the capital city, the elsewhere rate
applies to the remainder of the absence.
26.5 Incidental
Expenses Allowances - Government Provided Accommodation
When an employee is required to perform official duty
at a temporary work location which requires that the employee reside away from
home and is provided with accommodation by the Government, the employee shall
be eligible to be reimbursed expenses properly and reasonably incurred during
the time actually spent away from the employee's residence in order to perform
that duty and in addition be paid an allowance at the rate set at Item 10 of
Table 4, of Part C as appropriate. Such expenses are limited to costs in
relation to food, laundry and accommodation that exceed what would normally
have been incurred at home. Any meal taken at a Government establishment is to
be paid for and appropriate reimbursement sought.
26.6 Additional
Provisions
26.6.1 Unless specifically provided for in
Clause 12, Relieving Provisions, Clause 16, Training Course Attendance
Entitlements or Clause 25, Court Attendance Entitlements, the provisions of
this clause shall not apply in the circumstances provided for by those clauses.
Nor do they apply to Recruits undertaking College training.
26.6.2 When an employee is required to travel to
a temporary work location or to attend a training course or conference on what
would normally be regarded as a one day journey and the time of travel will
exceed four hours on any one day in addition to the normal hours of work, the
employee may be directed or may request that the employee reside temporarily at
a place other than the employee's residence to avoid such travel time on any
day and in such case shall be entitled to the accommodation allowances as
appropriate.
26.6.3 The claim for an accommodation allowance
or reimbursement of expenses shall be for the whole of the period of absence
and cannot be dissected into part of the time of the absence by way of allowance
and part of the absence being compensated by reimbursement.
26.6.4 When an employee in receipt of an
accommodation allowance is granted special leave to return home from a
temporary work location, the employee shall be reimbursed for the cost of the
return rail fare or if a first class rail service is reasonably available, the
cost of a first class return rail fare, or a motor vehicle allowance at the
appropriate specified journey rate set at Item 1 of Table 4 of Part C to the
value of the rail fares. No taxi fares or other incidental expenses are
payable.
26.6.5 An employee shall be entitled to the
option of using public transport or reimbursement for the use of the employee's
private vehicle on the following basis:
26.6.5.1 Reimbursement is not to be paid for a journey if an
official motor vehicle is available for the journey.
26.6.5.2 If an official motor vehicle was not available but public
transport was reasonably available for the journey, the amount of any
reimbursement is not to exceed the cost of the journey by public transport.
26.6.5.3 Where the employee elects to use a private vehicle the
employee shall be reimbursed at the specified journey rate prescribed from time
to time or the cost of public transport, whichever, unless the Commissioner
approves otherwise, is the lesser.
26.6.5.4 Where an official motor vehicle is not available, and public
transport was not reasonably available for the journey, if the employee agrees
to use the employee's private vehicle, reimbursement shall be at the
appropriate Official Business rate set at Item 11 of Table 4 of Part C.
26.6.5.5 Where the meal allowance or the accommodation allowance is
insufficient to adequately reimburse the employee for expenses properly and
reasonably incurred, a further amount may be paid so as to reimburse the
employee for the additional expenses incurred subject to the following:
26.6.5.5.1 The Commissioner may require the production of receipts or
other proof that expenditure was incurred.
26.6.5.5.2 If any expense in respect of which an allowance is payable was
not properly and reasonably incurred by the employee in the performance of
official duties, payment of the allowance may be refused or the amount of the
allowance may be reduced.
26.6.5.5.3 If any purported expense was not incurred by the employee,
payment of the allowance may be refused or the amount
of the allowance may be reduced.
26.6.5.6 The Commissioner is to consider the convenience of the
employee when an employee is required to travel to a temporary work location.
26.6.5.7 Unless special circumstances exist, the employee's work,
the mode of transport used and the employee's travel
itineraries are to be organised and approved in advance so that compensation
for excess travel time and payment of allowances is reasonably minimised.
26.7 Claims
Claims should be submitted promptly, i.e., within one
month from the completion of the work or within such time as the Commissioner
determines.
26.7.1 The Commissioner may approve applications
for advance payments of travelling and sustenance allowances. Such applications
should detail the appropriate expenditure anticipated and be in accordance with In Orders 1982/34.
26.7.2 In assessing claims for excess travelling
time and payment of allowances reference should be made to the time that might
reasonably have been taken by the particular mode of
transport used. Provided that where an employee can demonstrate that the use of
the means of transport proposed by the Department is unreasonable in the
circumstances, the employee may apply to the Commissioner for a review of the
Department's decision. Where an employee does not wish to use the means of
transport proposed by the Department e.g. air travel as against train or car
travel, travelling time and allowances should be assessed on the basis that the
most practical and economical means of transport is used.
26.7.3 Where an allowance is payable at a daily
rate and a claim is made for a portion of the day, the amount to be paid is to
be calculated to the nearest half hour.
26.8
26.8.1 The
meal, accommodation and incidental allowances in Items
4 to 10 of Table 4 of Part C, shall be adjusted on 1 July in line with the
corresponding reasonable allowance amounts for the appropriate
financial year as published by the Australian Taxation Office (ATO).
26.8.2 The
per kilometre rates in Items 1 & 11 of Table 4 of Part C, shall be adjusted on 1 July each year in line with the
increases in the Consumer Price Index for Sydney during the preceding year
(March quarter figures).
27. Notice of Transfer
27.1 When an employee is to be transferred to
work at a new location and/or to a different platoon, the Commissioner shall
give the employee the following notice -
27.1.1 Seven
(7) days notice when the transfer is within the same
fire district or within the GSA and on the same platoon,
27.1.2 Fourteen
(14) days notice when the transfer is within the same
fire district or within the GSA but to a different platoon,
27.1.3 Twenty eight (28) days notice when
the transfer is outside the GSA or the employee's current fire district, and
such notice shall be confirmed in writing.
27.2 An employee may
elect to waive, in whole or in part, the notice requirements of subclause 27.1.
28. Transfers Outside
of the GSA
This Clause prescribes the transfer arrangements which shall
apply in the case of all Operational Firefighter vacancies which arise outside
of the GSA.
28.1 Transfer Register
Applications
28.1.1 Applications for placement on any
Transfer Register shall be made by way of report to the Manager Operational
Personnel. Such reports shall clearly state the Transfer Register on which the
employee seeks to be placed, the employee’s current classification, the
employee’s current address and whether or not the
employee is claiming residential priority pursuant to subclause 28.4.
28.1.2 With the exception of Recruit
Firefighters, all Non-Officers shall be eligible to apply for placement on any one
or more of the Country Transfer Registers or Regional Transfer Registers listed
at subclause 28.2.
28.1.3 With the exception of Inspectors with
regards to the Blue Mountains area (only), all Station Officers and Inspectors
shall be eligible to apply for placement on any one or more of the Regional
Transfer Registers listed at subclause 28.2.2.
28.1.4 Leading
Firefighters shall be entitled to apply for placement on any Officer Transfer
Register but shall not be entitled to a transfer as a
consequence of that placement unless and until such time as they have
been promoted to Station Officer rank.
Similarly, Leading Station Officers shall be entitled to apply for
placement on any Senior Officer Transfer Register but shall not be entitled to
a transfer as a consequence of that placement unless and until such time as
they have been promoted to Inspector rank.
28.1.5 The Manager Operational Personnel shall
acknowledge receipt of all applications within 14 days of the day upon which
they are received. This receipt shall confirm the employee’s service number,
name, date of application, Transfer Register for which the employee has applied
and, if applicable, whether or not the employee’s
claim for residential priority has been accepted. Applications for placement on
a Transfer Register shall only be valid upon the issuing of this receipt, which
shall serve as proof of an employee’s application.
28.1.6 Employees may be removed from a Transfer
Register by submitting a further report to that effect to the Manager
Operational Personnel, who shall in turn issue a receipt as proof of that
withdrawal.
28.2 Transfer
Registers
28.2.1 Country Transfer Registers:
Transfer Register
|
Local Government Area
|
Albury
|
Albury City Council
|
Armidale
|
Armidale City Council
|
Batemans Bay
|
Eurobodalla Shire Council
|
Bathurst
|
Bathurst City Council
|
Broken Hill
|
Broken Hill City Council
|
Coffs Harbour
|
Coffs Harbour City Council
|
Dubbo
|
Dubbo City Council
|
Goulburn
|
Goulburn City Council
|
Moree
|
Moree Plains Shire Council
|
Nowra
|
Shoalhaven City Council
|
Orange
|
Orange City Council
|
Port Macquarie
|
Hastings Council
|
Queanbeyan
|
Queanbeyan City Council
|
Tamworth
|
Tamworth City Council
|
Wagga Wagga
|
Wagga Wagga City Council
|
28.2.2 Regional Transfer Registers:
Transfer Register
|
Local Government Area
|
Blue Mountains
|
Blue Mountains City Council
|
Central Coast
|
Central Coast Council
|
Illawarra
|
Wollongong City Council and Shellharbour City Council
|
Maitland
|
Cessnock City Council, Maitland City Council and
Port Stephens Council
|
Newcastle
|
Lake Macquarie City Council and Newcastle City Council
|
Northern Rivers
|
Tweed Shire Council, Lismore City Council,
Byron Shire Council and Ballina Shire Council
|
28.2.3 The parties agree that where permanent
firefighters are to be introduced in an area outside the GSA for which no
Transfer Register exists, a new Transfer Register will be established. Where a
new transfer register is to be established, the Department shall advertise the
establishment of that register and invite initial applications for a period of
six weeks. Any applications received within the six week
period shall be deemed to have been received on the date of creation of the
register and placed on that register in accordance with the following
provisions:
28.2.3.1 Notwithstanding the provisions of subclause 28.4.2, an
applicant who satisfies the provisions of subclause 28.4.3 and has done so for
a period of 2 or more consecutive years leading up to the date of creation of a
Transfer Register shall be placed at the top of that Residential Transfer
Register. Where more than one applicant satisfies this provision, placement on
that Residential Transfer Register shall be determined by a ballot conducted by
the Manager Operational Personnel; and
28.2.3.2 Applicants who are unable to satisfy the provisions of
subclause 28.2.3.1 shall be placed at the top of the relevant General Transfer
Register. Where more than one such application is received, the order of
placement shall be determined by way of a ballot conducted by the Manager
Operational Personnel.
28.3 Operation of
Transfer Registers
28.3.1 The Department shall establish and
maintain a General Transfer Register and a Residential Transfer Register for
each category of Operational Firefighter employees as follows:
28.3.1.1 in the case of Non-Officers, for each of the Country
Transfer Register areas and Regional Transfer Register areas listed at
subclauses 28.2.1 and 28.2.2;
28.3.1.2 in the case of Officers, for each of the Regional Transfer
Register areas listed at subclause 28.2.2; and
28.3.1.3 in the case of Senior Officers, for each of the Regional
Transfer Register areas listed at subclause 28.2.2. Provided that there shall
not be a Blue Mountains Regional Transfer Register, a Maitland Transfer Register
or a Northern Rivers Regional Transfer Register for Senior Officers, and that
vacancies which occur within those areas shall be filled in accordance with
subclause 28.7.
28.3.2
28.3.2.1 Each General Transfer Register shall detail each
applicant’s employee service number, their name (and in the case of Officer and
Senior Officer transfer registers only, their rank), the date of their original
application for transfer and, if applicable, the date their application for
residential priority status was accepted, the date they were elevated to that
area’s Residential Transfer Register and/or the date of their eventual transfer
to the area in question.
28.3.2.2 Each Residential Transfer Register shall detail each
applicant’s employee service number, their name (and in the case of Officer and
Senior Officer transfer registers only, their rank), the date of their original
application for transfer, the date their application for residential priority
status was accepted, the date they were elevated to that area’s Residential
Transfer Register and, if applicable, the date of their eventual transfer to
the area in question.
28.3.3 The order of placement of each employee
upon each Transfer Register shall be determined:
28.3.3.1 in the case of General Transfer Registers, by order of the
date upon which the employee made application for placement upon that Transfer
Register. Where more than one application for the same Transfer Register is
submitted on the same day, the Manager Operational Personnel shall determine
the order of placement of those multiple applicants by way of ballot; and
28.3.3.2 in the case of Residential Transfer Registers, by order of
the date upon which the employee was elevated to that Residential Transfer Register.
Subject to the provisions of 28.4.3, 28.4.7.1 and 28.4.7.2, an employee’s
elevation to a Residential Transfer Register shall be subject to: firstly, the
employee having held a position on the relevant General Transfer Register for
at least two years; and secondly, the employee having been recognised as having
met and maintained residential priority status for that Transfer Register’s
area for at least two years.
28.3.4 Subject
to the arrangements applying to Leading Firefighters and Leading Station Officers
at subclauses 28.1.4 and 28.3.5, transfers shall be offered to employees upon
the occurrence of a vacancy in the following order:
28.3.4.1 Firstly, by reference to the relevant Residential Transfer
Register, with the first offer to be made to the highest placed employee on
that Register and, if declined, to the next highest placed employee and so on
until such time as the vacancy is filled.
28.3.4.2 In the event that no employee exists on the relevant
Residential Transfer Register, or that all employees on that Residential
Transfer Register decline the offer of transfer, the vacancy shall then be
offered to all employees on the relevant General Transfer Register, with the
first offer to be made to the highest placed employee on that Register and, if
declined, to the next highest placed employee and so on until such time as the
vacancy is filled.
28.3.4.3 In the event that no employee exists on the relevant
General Transfer Register and/or all employees on that General Transfer
Register decline the offer of transfer, the vacancy shall then be advertised
for and open to all eligible employees.
28.3.5 An
employee who accepts an offer of transfer pursuant to subclause 28.3.4 shall be
released from their current position within twenty eight
(28) days and transferred to that Transfer Register area. Declining an offer of
transfer shall result in an employee’s removal from the relevant Transfer
Register. Employees who are so removed and who subsequently re-apply for
placement on that Transfer Register will be required pursuant to subclause
28.4.6 to seek and hold residential priority for two years following their
re-application in order to be elevated to that Residential Transfer Register.
28.3.6 The Department shall make available
copies of all Transfer Registers to employees in the manner agreed between the
Department and the Union.
28.4 Residential
Priority
28.4.1 All employees seeking residential
priority for any Transfer Register area shall be required to submit a report to
the Manager Operational Personnel setting out the grounds for their claim. Such
employees shall be required to provide evidence of their claim for primary
residence prior to being placed on the Transfer Register with Statutory
Declarations, electoral enrolment forms, rates notices, bills and/or such other
documentation or evidence which it would be reasonable for the Department to
request of the employee in order to verify their claim. Vacant blocks of land, Post Office boxes,
investment properties, holiday homes or the addresses of relatives or friends,
when in fact the employee has primarily resided elsewhere, shall therefore be
unacceptable. This report may be either the same report as that of the
employee’s original application made pursuant to subclause 28.1.1, or a
subsequent report which is submitted due to an employee’s transfer or a change
of primary residence.
28.4.2 An employee shall not be entitled to
recognition of residential priority on any Transfer Register prior to the date
of their report making application for that recognition pursuant to subclause
28.4.1.
28.4.3 In order to recognise an employee’s claim
for residential priority for a particular Transfer Register, the Manager
Operational Personnel must first be satisfied that the primary residence in
question is located either:
28.4.3.1 within the Transfer Register area in question, or
28.4.3.2 in such a location that any permanently staffed fire station
within the Transfer Register area for which the applicant is claiming
residential priority is closer to their primary residence than any permanently
staffed fire station within the GSA or Transfer Register area, as the case may
be, to which the applicant is currently attached. For the purposes of this
subclause, distances shall be determined by drawing a straight line between
both locations and calculating that distance, i.e. in a straight line.
28.4.4 Employees
holding residential priority status on any Transfer Register will be removed
from that Transfer Register if they fail to submit a further report pursuant to
subclause 28.4.1 within three months of their:
28.4.4.1 change
in the location of their primary residence, even where the change did not
affect the employee's residential priority status; or
28.4.4.2 transfer
from the GSA to a Country or Regional Transfer Register area; or
28.4.4.3 transfer
from one Country or Regional Transfer Register area to another Country or
Regional Transfer Register area.
28.4.5 The Manager Operational Personnel shall
acknowledge and review all reports submitted pursuant to subclause 28.4.4. If
an employee’s transfer or revised primary residence location means that the
employee no longer satisfies the residential priority requirements of subclause
28.4.3, then the employee’s records upon the relevant Transfer Register(s)
shall be adjusted accordingly. It shall remain the responsibility of employees
to apply for any additional residential priority status which may arise as a result of their transfer or revised primary residence.
28.4.6 Subject to the provisions of subclause
28.4.7, an employee who has held and continually maintained residential
priority status upon a General Transfer Register for two years shall then be
elevated to the relevant Residential Transfer Register in accordance with
subclause 28.3.3.2. Provided that employees who are elevated to a Residential
Transfer Register and who are later found to no longer meet the criteria for
residential priority shall be returned to and placed upon the relevant General
Transfer Register by order of the date of their original application.
28.4.7 In
the case of Senior Firefighters who are progressed to Leading Firefighter:
28.4.7.1 if stationed
within a Regional Transfer Register area at the time of their progression then
such employees who make application pursuant to subclause 28.1 within three
months of the date of their progression shall be placed on the corresponding
Residential Transfer Register for Officers as of the date of that progression;
28.4.7.2 if holding a
position on a Regional area’s Residential Transfer Register for Firefighters at
the time of their progression then such employees shall be entitled within
three months of the date of their progression to submit a further report
pursuant to subclause 28.1, following which they shall also be placed on the
corresponding Residential Transfer Register for Officers as of the date of that
progression;
28.4.7.3 if holding a
position on a Regional area’s General Transfer Register for Firefighters at the
time of their progression, and holding residential priority status for that
area, then such employees shall be entitled within three months of the date of
their progression to submit a further report pursuant to subclause 28.1,
following which they shall also be placed on the corresponding General Transfer
Register for Officers as of the date of that progression and recognised for the
purposes of subclause 28.4.6 for that period of residential qualification already
accrued.
28.4.7.4 if holding a
position on a Regional area’s General Transfer Register for Firefighters at the
time of their progression, but without holding residential priority status for that
area, then such employees shall be entitled within three months of the date of
their progression to submit a further report pursuant to subclause 28.1,
following which they shall also be placed on the corresponding General Transfer
Register for Officers as of the date of that progression.
28.4.8 In
the case of Station Officers who are progressed to Leading Station Officer:
28.4.8.1 if stationed
within a Regional Transfer Register area at the time of their progression then
subject to subclause 28.3.1.3, such employees who make application pursuant to
subclause 28.1 within three months of the date of their progression shall be
placed on the corresponding Residential Transfer Register for Senior Officers
as of the date of that progression;
28.4.8.2 if holding a
position on a Regional area’s Residential Transfer Register for Officers at the
time of their progression then subject to subclause 28.3.1.3, such employees
shall be entitled within three months of the date of their progression to
submit a further report pursuant to subclause 28.1, following which they shall
also be placed on the corresponding Residential Transfer Register for Senior
Officers as of the date of that progression;
28.4.8.3 if holding a
position on a Regional area’s General Transfer Register for Officers at the
time of their progression, and holding residential priority status for that
area, then subject to subclause 28.3.1.3, such employees shall be entitled
within three months of the date of their progression to submit a further report
pursuant to subclause 28.1, following which they shall also be placed on the
corresponding General Transfer Register for Senior Officers as of the date of
that progression and recognised for the purposes of subclause 28.4.6 for that
period of residential qualification already accrued;
28.4.8.4 if holding a
position on a Regional area’s General Transfer Register for Officers at the
time of their progression, but without holding residential priority status for
that area, then subject to subclause 28.3.1.3, such employees shall be entitled
within three months of the date of their progression to submit a further report
pursuant to subclause 28.1, following which they shall also be placed on the
corresponding General Transfer Register for Senior Officers as of the date of
that progression.
28.4.9 Employees who are stationed within a
Transfer Register area at the time of their appointment to an Operational
Support position and who make application pursuant to subclause 28.1 within
three months of the date of their appointment shall be placed on that area’s
Residential Transfer Register as of the date of that appointment.
28.4.10 Subject
to subclauses 14.14.2, 14.15.2 and 28.7, employees who are promoted to either
Station Officer or Inspector and who are not stationed within the GSA at the
time of their promotion shall be transferred to and remain within the GSA until
such time as they are again transferred outside of the GSA in accordance with
the other provisions of this Clause.
28.5 Appeals
concerning Residential Priority
28.5.1 An employee seeking to challenge either
the Department’s determination of their residential priority status, or the
Department’s determination of the residential priority status of another
employee may appeal in the first instance by way of report to the Assistant
Director Operational Personnel. Such reports shall provide all relevant details
and may be supported by any documentation or evidence which the employee
considers relevant to their claim. An anonymous appeal against an employee
shall not be investigated.
28.5.2 Where an appeal concerns the employee’s
own residential status, the Assistant Director Operational Personnel shall
provide the employee with a written determination of that appeal, setting out
the reasons for same, within 14 days of receipt of the employee’s report.
28.5.3 Where an appeal concerns the residential
status of another employee, the Assistant Director Operational Personnel shall
forward a copy of the said report to the employee who is the subject of the challenge.
The employee under challenge shall be allowed no less than 28 days to reply by
way of report to the Assistant Director Operational Personnel who shall
thereafter provide both employees with a written determination of the appeal,
setting out the reasons for same, within 14 days of receipt of the second
employee’s report.
28.5.4 An employee may appeal a determination of
the Assistant Director Operational Personnel by way of report to the
Commissioner. The Commissioner shall consider all previous reports and
documentation relating to the matter, together with any additional information
which the employee or employees concerned may supply, following which the
Commissioner shall provide the employee or employees concerned with a written
and final determination of the matter.
28.6 Newcastle Communication Centre
28.6.1 Vacancies
in the Newcastle Communication Centre shall initially be advertised in
Commissioner's Orders and open to all eligible employees (Non-Officers or
Officers, as the case may be) who are stationed within the Newcastle Transfer
Register area. Where there are more applicants than positions available, merit
selection shall determine the successful applicant.
28.6.2 In
the event that no suitable applications are received at subclause 28.6.1, or
that the merit selection process finds those who did apply unsuitable, the
vacancy shall then be re-advertised in Commissioner's Orders and open to all
eligible employees.
28.6.3 Successful
applicants will be required to successfully complete the required training, and
on appointment, to serve in the Newcastle Communication Centre for a minimum
period of three years. Provided that if the transfer is made in accordance with
subclause 28.6.2 then:
28.6.3.1 an employee who
accepts an offer of transfer in the interim will be released pursuant to
subclause 28.3.5; and
28.6.3.2 any
subsequent transfer from the Newcastle Communication Centre will be to the GSA
unless provided otherwise by this Clause.
28.7 Country Officers, Country Senior Officers
and Operational Support Staff
28.7.1 Vacancies
which occur amongst any of the positions listed at subclauses 28.7.2, 28.7.3
and 28.7.4 shall be advertised though Commissioner’s Orders and filled by merit
selection.
28.7.2 Country
Officers
28.7.2.1 Country
Officers, being all Station Officer positions located in areas outside of the
GSA and the Regional areas listed at subclause 28.2.2, for which Leading
Station Officers, Station Officers and Leading Firefighters shall be eligible
to apply.
28.7.2.2 In
the event that no employees apply for a Country Officer position at subclause
28.7.2.1, or that the merit selection process finds those who did apply
unsuitable for the Country Officer position in question, the vacancy shall be
readvertised through Commissioner's Orders and filled by merit selection from
all Senior Firefighters with at least 36 months service with Fire and Rescue
NSW as a Senior Firefighter as of the closing date for applications.
28.7.2.3 A
Senior Firefighter who successfully applies for a Country Officer vacancy
pursuant to subclause 28.7.2.2 shall be required to satisfactorily complete the
Leading Firefighter Program prior to their transfer to the station/location and
performance of the duties of the vacant Country Officer position pursuant to
subclause 7.5.2, provided that a Senior Firefighter who successfully applies
for a Country Officer vacancy pursuant to subclause 28.7.2.2 and who then
satisfactorily completes the Leading Firefighter Program shall not be
progressed to Leading Firefighter and/or promoted to Station Officer until they
also satisfactorily complete the Station Officer Program.
28.7.3 Country Senior Officers
28.7.3.1 Country Senior
Officers, being all Inspector positions located outside the GSA and the
Newcastle, Central Coast and Illawarra Transfer
Register areas, for which Inspectors and Leading Station Officers shall be
eligible to apply.
28.7.3.2 In
the event that no Inspectors or Leading Station Officers apply for a Country
Senior Officer position at subclause 28.7.3.1, or that the merit selection
process finds those who did apply unsuitable for the Country Senior Officer
position in question, the vacancy shall be readvertised through Commissioner's
Orders and filled by merit selection from all Station Officers with at least 24
months service with Fire and Rescue NSW as a Station Officer as of the closing
date for applications.
28.7.3.3 A
Station Officer who successfully applies for a Country Senior Officer vacancy
pursuant to subclause 28.7.3.2 shall be required to satisfactorily complete the
Leading Station Officer Program prior to their transfer to the station/location
and performance of the duties of the vacant Country Senior Officer position
pursuant to subclause 7.5.3, provided that a Station Officer who successfully
applies for a Country Senior Officer vacancy pursuant to subclause 28.7.3.2 and
who then satisfactorily completes the Leading Station Officer Program shall not
be progressed to Leading Station Officer and/or promoted to Inspector until
they also satisfactorily complete the Inspector Program.
28.7.4 Operational Support staff
28.7.4.1 Operational
Support staff, being all positions defined as such by Clause 14 of this Award.
28.7.4.2 In
the event that no Inspectors or Leading Station Officers apply for an
Operational Support Inspector position, or that the merit selection process
finds those who did apply unsuitable for the Operational Support Inspector
position in question, the vacancy shall be readvertised through Commissioner's
Orders and filled by merit selection from Station Officers with at least 24
months service with Fire and Rescue NSW as a Station Officer as of the closing
date for applications.
28.7.4.3 A
Station Officer who successfully applies for an Operational Support Inspector
vacancy pursuant to subclause 28.7.4.2 shall be required to satisfactorily
complete the Leading Station Officer Program prior to their transfer to and
performance of the duties of the vacant Operational Support Inspector position
pursuant to subclause 7.5.4, provided that a Station Officer who successfully
applies for an Operational Support Inspector vacancy pursuant to subclause
28.7.4.2 and who then satisfactorily completes the Leading Station Officer
Program shall not be progressed to Leading Station Officer and/or promoted to
Inspector until they also satisfactorily complete the Inspector Program.
29. Transferred
Employee's Compensation
29.1 When an employee
has been given notice of transfer to work in a new location and the
Commissioner requires that the employee move to new accommodation, and the
transfer is not subject to the exceptions set out below, the employee shall be
eligible for leave or credit of leave, reimbursement of costs, and to be paid
allowances set out herein.
29.2 Exceptions
29.2.1 Unless special and exceptional
circumstances exist, the exceptions exclude from the benefit of this clause
employees who are transferred:
at their own request;
under an arrangement between
employees to exchange positions;
on account of the employee's
breach of discipline;
from one station/location within the Metropolitan Area to another
station/location within the Metropolitan Area, or within the same Zone.
29.2.2 For purposes of this clause, Metropolitan
Area means and includes the Sydney Region as defined by the Department of
Planning but also including the area referred to as the Central Coast on the
Northern Line as far as Gosford, the area on the Western Line as far as Mt.
Victoria and on the Illawarra Line as far as Wollongong.
29.2.3 Employees who are transferred as a result
of inclusion in a transfer list established in accordance with Clause 28 of
this Award shall, for the purposes of this Clause, be deemed to have been
transferred "at their own request" and shall not be eligible for the
entitlements set out in this Clause.
29.2.4 Notwithstanding the provisions of
subclause 29.2.1, employees who are transferred by way of a merit selection
process, including employees promoted to a rank that necessitates a transfer,
shall attract the relevant entitlements of this Clause.
29.2.5 Notwithstanding the provisions of
subclause 29.2.1, employees who received compensation for transferring to a
particular station/location shall, after a period of not less than 2 years service at that location, be entitled to the
provisions of this Clause upon transfer to the GSA.
29.3 This clause does
not alter the transfer procedures, as at the date of making of this Award, set
out in Standing Orders. Any variation to those procedures shall be by agreement
between the Department
and Union.
29.4 Leave
When an employee has been given notice of transfer and
is required to move to new accommodation the employee shall be eligible for
leave and/or to apply for payment at the ordinary rate of pay in lieu of the
granting of leave or the Commissioner may credit such leave as consolidated
leave as follows to a maximum of:
29.4.1 Sixteen (16) working hours to visit the
new location with a view to obtaining accommodation,
29.4.2 Sixteen (16) working hours to prepare and
pack personal and household effects prior to removal or for the purpose of
arranging storage,
29.4.3 Such leave as is necessary to travel to
the new location for the purposes of obtaining suitable accommodation and/or to
commence duty,
29.4.4 Eight (8) hours for the combined purpose
of cleaning the premises being vacated and/or occupying and settling into the
new premises.
Where an employee is
eligible for, and takes leave, for part of a shift the Commissioner may direct
the employee to take consolidated leave to credit for the remainder of the
shift and if the employee does not have sufficient leave to credit, the
shortfall may be taken as an advance against consolidated leave that may accrue
or as leave without pay.
29.4.5 Provided suitable arrangements can be
made for a performance of duties, an employee working a special roster who has
been unable to secure accommodation for the family at the new location is
entitled to sufficient special leave to permit a return home on weekends once
each month to spend two consecutive days and nights with the family, together
with an additional day and night in respect of each public holiday occurring in
conjunction with the weekend and on which the employee would not normally be
rostered for duty. This leave is limited to the time necessarily required in
travelling on the day preceding and the day following such weekend.
29.4.6 Where a transferred employee working a
special roster is located in a district where a return home once each month is
not possible, such employee, after four weeks at the new location, will be
entitled to sufficient leave to allow the transferred employee two consecutive
days and nights at a weekend with the family. Following that four weeks, the
employee will be allowed to accumulate special leave at the rate of sixteen
(16) working hours per month until sufficient leave is available to allow the
return home at a weekend for a similar period.
29.4.7 Special Roster is the roster specified at
subclause 8.6 of this Award.
29.5 Cost of Temporary
Accommodation
For the purposes of this subclause, temporary
accommodation does not include a house or a flat, whether owned by the
Government or privately owned, but relates to what is commonly termed board and
lodging.
29.5.1 Transferred employees maintaining
dependant relatives at home who are required to vacate the existing residence
prior to departure for the new location and/or who find it necessary to secure
board and lodging for themselves and dependant relatives at the new location
pending permanent accommodation (a residence) becoming available shall be
allowed up to the amount set at Item 12 of Table 4 of Part C, per week
calculated as the actual cost of the temporary accommodation less an excess
contribution calculated as per the following table:
Salary of Officer
and Spouse
Rate of Pay
|
Per Week
|
Each dependent
child aged 6 years and over
(maximum
contribution of $54 per week)
Per Week
|
$453.62
|
$164
|
$11
|
29.5.2 Where a transferred employee maintaining
dependant relatives moves to the new location ahead of dependants, and
permanent accommodation is not available, necessary board and lodging expenses
in excess of the amount set at Item 13 of Table 4 of Part C, per week to a
maximum allowance of the amount set at Item 12 of Table 4 of Part C, per week
shall be payable.
29.5.3 Where a transferred employee not
maintaining dependant relatives in the home is unable to secure permanent
accommodation at the new location, the employee is to be paid an allowance of
up to 50% of the total cost of board and lodging for a maximum period of four
(4) weeks subject to a maximum the amount set at Item 12 of Table 4 of Part C,
per week. Where the period of four (4) weeks is not sufficient for the employee
to find suitable permanent accommodation, full particulars should be provided
to allow the DPE to consider the extension of this provision.
29.5.4 An employee receiving an allowance for
temporary accommodation as set out above is entitled to a laundry (not dry
cleaning) allowance as set out at:
29.5.4.1 Item 14 of Table 4 of Part C, per week if the employee only
is in temporary accommodation;
29.5.4.2 Actual expenses to a maximum as set at Item 15 of Table 4
of Part C, per week if the employee and dependants are in temporary
accommodation.
29.5.5 Where an employee, together with
dependants are in temporary accommodation the allowances may be paid until
either
29.5.5.1 a suitable residence becomes available; or
29.5.5.2 up to twenty six (26) weeks if the
transfer is to the country; or
29.5.5.3 up to thirteen (13) weeks if the transfer is to the Sydney
Metropolitan Area,
whichever is the sooner.
The payment of allowances in all cases is subject to:
29.5.5.4 the production of receipts;
29.5.5.5 a written undertaking that any reasonable offer of
accommodation will be accepted;
29.5.5.6 evidence that the employee is taking all reasonable steps
to secure a residence.
When the Commissioner
considers that a transferred employee has refused to accept reasonable
accommodation and as a result the payment of an allowance has been
discontinued, the matter may be referred by the employee or the Union to a Committee
comprising two representatives of the Union and two representatives of the DPE.
If no mutual decision is arrived at by the Committee the matter may be referred
to the Industrial Relations Commission of NSW.
29.5.6 Extension of assistance beyond the twenty six (26)/thirteen (13) week period may be approved
only if the application for assistance is supported by acceptable evidence of
unsuccessful attempts to obtain accommodation which constitutes reasonably
suitable accommodation.
29.6 Removal Costs
29.6.1 A transferred employee is entitled to
reimbursement for the costs actually and necessarily incurred in removing
personal and household effects to the new location. Provided that the journey
is travelled by the shortest practicable route and completed within a
reasonable time, these costs will include the actual and reasonable expenses
incurred by the employee and dependants for meals and accommodation during the course of the journey.
29.6.2 Removal expenses allowed under this
clause includes the costs of insuring furniture and effects whilst in transit
up to an amount set at Item 16 of Table 4 of Part C. Where the insured value
exceeds amount, the case should be referred to the DPE for consideration. They
should be provided with an inventory of items to be transferred together with a
declaration that all items included in that policy are being removed or stored,
or, a certificate of valuation from a registered valuer certifying the value of
furniture and effects being removed or stored.
Where, due to circumstances
beyond the control of the transferred employee, the furniture and effects of
the employee arrive late at the new location or are moved before the employee's
departure from the previous location, reimbursement of expenses for meals and
accommodation properly and reasonably incurred by the employee and any
dependants shall be paid.
29.6.3
29.6.3.1 A transferred employee shall be entitled to compensation
for the accelerated depreciation of personal and/or household effects removed
to a new location.
29.6.3.2 This entitlement is the amount set at Item 17 of Table 4 of
Part C, where the Commissioner is satisfied that the employee has removed a
substantial portion of what is normal household furniture, furnishing and
fittings of not less value than the amount set at Item 18 of Table 4 of Part C.
If the value is less than this amount, a pro rata amount is payable.
29.6.4 Where a transferred employee is required
to remove the employee's furniture from temporary accommodation the employee is
entitled to be reimbursed removal costs and the compensation for depreciation
and disturbance in respect of each such move, notwithstanding that the employee
may not be changing the location of work.
29.6.5 When an employee uses a private vehicle
for the purposes of official business and finds it necessary to transport
another private vehicle, normally used by a dependant relative maintained in
the household, the cost of transporting or driving that second vehicle to the
employee's new location shall be part of the removal costs and the employee may
be paid either the cost of transportation by road or rail or, if the vehicle is
driven to the new location, a car allowance at the specified journey rate set
at Item 1 of Table 4 of Part C.
29.6.6 The reimbursement for the costs actually
and necessarily incurred in removing personal and household effects to the new
location shall be the equivalent to the lowest of three competitive quotes
where practicable.
29.6.7 An advance to cover the whole or part of
removal expenses allowed under this subclause is available. The amount of the
advance is to be adjusted by the employee within one month of the expenditure
being incurred.
29.7 Storage of
Furniture
Where an employee is unable to secure suitable
accommodation at the new location and is required to store the furniture while
waiting to secure a residence, the cost of storage and cartage to the store,
and from the store to the new residence shall be reimbursed. The employee shall
also be reimbursed the cost of insurance for furniture and effects while in
storage on the same basis as for insuring whilst in transit.
The maximum period of storage under this Clause is twenty six (26) weeks in the country and thirteen (13) weeks
in the Metropolitan Area.
29.8 Costs of Personal
Transport
29.8.1 The transferred employee and one member
of the household, when proceeding on leave for the purpose of visiting the new
location with a view to obtaining suitable accommodation, shall be entitled to
the option of return rail fares, or if a first class rail service is reasonably
available, first-class return rail fares, or reimbursement at the specified
journey rate as set at Item 1 of Table 4 of Part C, for the use of a private
vehicle up to the cost of rail fares.
29.8.2 The transferred employee and all members
of the household, when travelling to the new location for the purpose of
commencing duty, shall be entitled to rail fares or reimbursement for the use
of the private vehicle, as set out in subclause 29.8.1, provided that, where
the members of the employee's household do not travel on the same occasion as
the employee, the entitlement for their personal transport shall be deferred
until such time as travel to take up residence at the employee's new location
occurs.
29.8.3 A transferred employee working the
special roster specified at subclause 8.6, who has been unable to secure
accommodation for the family at the new location, who is entitled to special
leave to permit a return home at weekends, shall be entitled to the option of
rail fares or reimbursement for the use of a private vehicle as set out in
subclause 29.8.1 when proceeding on leave.
29.8.4 Car allowance in respect of travel by the
employee involved in taking up duty at the new location shall be at the
official business rate as set at Item 11 of Table 4 of Part C.
29.8.5 When an overall saving to the Department
would eventuate, an employee and one member of the household, when proceeding
to visit the new location with a view to obtaining suitable accommodation,
shall be entitled to economy class air fares in lieu of rail fares or
reimbursement of the use of a private motor vehicle.
29.8.6 When an employee travels to the new location
with a view to obtaining suitable accommodation and incurs expenses in relation
to overnight accommodation, the employee shall be reimbursed the reasonable and
actual cost of accommodation and meals for self and a member of the household
provided the amount to be reimbursed does not exceed sustenance allowances
allowed under Clause 26, Travelling Compensation.
29.9 Education of
Children
29.9.1 A transferred employee who has dependant children will be entitled to the cost of
essential school clothing that is required to be replaced or purchased as a
direct result of the employee's transfer to a new location requiring the
changing of schools. No provision is made for reimbursement of additional
school fees, text books or other similar items. The
basic list of school clothing is as follows:
Basic Items
|
Male
winter uniforms
|
Summer
uniforms
|
1 Suit coat
|
3 shirts
|
2 pairs of winter trousers
|
3 pairs of trousers (short)
|
1 tie
|
3 pairs of long socks
|
3 shirts
|
|
1 jumper/cardigan
|
|
3 pairs of socks
|
|
1 pair of shoes
|
|
1 track suit/sports uniform
|
|
(but not both)
|
|
1 pair of sandshoes
|
|
Female
winter uniforms
|
Summer
uniforms
|
1 hat
|
3 blouses
|
2 tunics
|
2 tunics
|
1 blazer
|
3 pairs stockings/socks
|
3 blouses
|
|
1 tie
|
|
3 pairs stockings/socks
|
|
1 pair of gloves
|
|
1 pair of shoes
|
|
1 track suit/sports uniform
|
|
(but not both)
|
|
1 pair of sandshoes
|
|
1 jumper/cardigan
|
|
When an item of clothing
required at the new school is not included in the basic list the DPE will
consider reimbursing the cost of same but will require full particulars and
circumstances surrounding the requirement to purchase.
29.9.2 In respect of dependant
children undergoing secondary education in Year 12 at a school in the
employee's old location, where the elected subjects are not available at a
school in the employee's new location, the cost of board and lodging for these
children may be reimbursed to the transferred employee. In such case the
employee, on production of receipts for payment and a certificate from the
Department of School Education that the elected subjects are not available at
the school at the employee's new location, shall be granted the allowance. In
these cases the parent/guardian will be required to pay the first amount as set
at Item 19 of Table 4 of Part C, of the board and lodging expenses and the
Department will reimburse further costs up to a maximum of the amount as set at
Item 20 of Table 4 of Part C, per week for each child.
29.10 Conveyancing and
Other Costs
A transferred employee who, as a consequence of the
transfer to a new location, sells a residence at the former location and buys a
residence or land upon which to erect a residence at the new location shall be
entitled to reimbursement of expenses incurred in such transactions subject to
the following:
29.10.1 Where a solicitor or a registered
conveyancing company has been engaged to act on behalf of the employee in those
transactions, the professional costs and disbursements by the solicitor or a
registered conveyancing company in respect of such transactions.
29.10.2 Where an employee is entitled to
reimbursement, the following expenses shall be covered:
29.10.2.1 Stamp Duty;
29.10.2.2 Where the employee has engaged a Real Estate Agent to sell
the residence at the former location, the commission due to the Estate Agent.
29.10.3 Reimbursement of expenses shall be made where the sale of the
employee's former residence and the purchase of either a residence or land is
effected within a period commencing not earlier than six (6) months prior to
the employee's transfer and ending not more than four (4) years after such
transfer. The Department will be prepared to consider individual cases where
the four (4) year period has been exceeded but will require full details of why
sale and/or purchase of the transferred employee's residence could not be
completed in the four (4) year period.
29.10.4 Where a transferred employee owns a residence at a former
location and has taken up rented accommodation on transfer, the employee shall
be regarded as covered by these provisions relating to the reimbursement of
conveyancing and incidental costs on the current transfer or on a subsequent
transfer provided the period of not more than four (4) years has elapsed since
the employee's immediately preceding transfer.
29.10.5 Where it is not practicable for the transferred employee
to purchase residence in the new location and such employee has disposed of the
former residence, such employee is not to be excluded from the benefit of this
clause when subsequently purchasing a residence in the new location on a
current or subsequent transfer within the four (4) year period.
29.10.6 There is an upper ceiling, as set at Item 21 of Table 4 of
Part C, on prices of the properties involved in either the sale or the
purchase. This limit applies where employees are relocated from a Metropolitan
Area to the country irrespective of the size, the value and the commerciality
of the property being purchased provided transferred employees are not entitled
to the reimbursement of costs involved in transactions where the sale or
purchase of a large rural property or commercial premises might be involved.
29.10.7 Where a transferred employee dies before completion of
either or both the sale or purchase transactions, the expenses incurred in such
transactions, up to and including the finalisation of such transactions shall
be payable by the Department and the family of the deceased employee is not
required to reimburse the Department such expenses.
29.11 Stamp Duty and
Other Charges
A transferred employee, who, as a
consequence of the transfer, sells a residence at the former location
and buys a residence or land upon which to erect a residence at the new
location is entitled to be reimbursed:
29.11.1 Stamp Duty in respect of the purchase of
the residence or the land and the house erected thereon at the new location;
29.11.2 Stamp Duty paid in respect of any mortgage
entered into or the discharge of a mortgage in connection with the sale or purchase;
29.11.3 Registration fees on transfers and
mortgages on the residence or the land and the house erected on the land on the
following basis -
29.11.3.1 where the purchase is completed and the employee enters into
occupation of the residence within 15 months of transfer, the reimbursement of
Stamp Duty in full;
29.11.3.2 where the occupation of the residence purchased or erected is
not completed within fifteen (15) months but is completed within four years of
transfer, reimbursement of Stamp Duty is not to exceed the amount which would
have been payable had the sale and purchase prices of the properties been the
amount set at Item 21 of Table 4 of Part C, in each case.
29.11.4 A transferred employee who, as a
consequence of the transfer to a new location, does not sell a residence at the
former location but buys a residence or land upon which to erect a residence at
a new location, is entitled to be reimbursed:
29.11.4.1 Stamp Duty in respect of the purchase of the residence or the
land and a house erected on that land;
29.11.4.2 Stamp Duty paid on any mortgage entered into
in connection with the purchase; and
29.11.4.3 Registration fees on transfer and mortgages on the residence
or the land and a house erected on the land,
provided the employee enters into occupation of the residence within fifteen (15)
months of transfer to the new location.
29.12 Incidental Costs
29.12.1 A transferred employee who is entitled to
the reimbursement of conveyancing and other costs for a purchase at the new
location prior to the sale of the former residence is entitled to the
reimbursement of any Council or any other Local Government rates levied in
respect of the former residence while such former residence remains untenanted
provided the employee can furnish acceptable evidence that reasonable efforts
are being made to sell the former residence at a fair market price.
29.12.2 A transferred employee will be entitled to
reimbursement of non-refundable costs in respect of the connection of gas and
electricity supplies and of telephone installation at the new residence
provided that:
29.12.2.1 the connection of gas and electricity supplies were available
to the land at the time of purchase and/or
29.12.2.2 the cost of the telephone installation is to be reimbursed
only where a telephone was installed at the former residence.
29.12.3 A transferred employee entitled to the
reimbursement of conveyancing and other costs is entitled to reimbursement of
the cost of survey certificates, pest certificates and/or Building Society
registration fees reasonably incurred in seeking financial accommodation to
purchase the new residence or the land upon which to erect a new residence and
the fees associated with discharging the mortgage on the former residence.
29.12.4 A transferred employee shall be entitled to
reimbursement for the fees charged by Australia Post for re-direction of mail
for the first month following vacation of the former residence.
29.13 Relocation on
Retirement
29.13.1 Upon retirement at a place other than the place
of original recruitment to the Department, an employee is entitled to be
reimbursed the costs actually and necessarily incurred in removing personal
household effects to a location of the employee's choice together with the cost
of insuring the same against damage in transit provided -
29.13.1.1 the maximum amount of such reimbursement shall be limited to
that payable had the employee moved to the place of original recruitment; and
29.13.1.2 the employee's relocation is effected
within twelve (12) months following retirement.
29.13.2 The above provision shall apply to any
claims made by the widow or widower within a period of twelve (12) months of
the transferred employee's death. In
such cases the Commissioner will also be prepared to consider claims made by
children or dependent relatives of the deceased in similar circumstances but
will require full particulars as to the reasons.
29.14 Additional
Provisions
29.14.1 Nothing contained in the provisions of this
clause pertaining to leave shall deprive the employee of compensation for time
spent in travelling.
29.14.2 Where the spouse of a transferred employee
is also employed in the NSW Public Service and is also transferred, the
assistance payable under this clause or under the Crown Employee's general
provisions is to be paid to one partner only. This does not operate to restrict
the leave entitlement of the transferred employee.
29.14.3 An employee whose appointment to a position
may be subject to appeals action shall not move to the new location until the
period during which appeals may be lodged has expired or all appeals action has
been finalised. An employee may be directed to take up duty in the new location
before appeals action is finalised but will be entitled to the leave provisions
set out in this clause, in which case the following will apply:
29.14.3.1 Where the employee has dependants
they may claim sustenance allowance under Clause 26, Travelling Compensation,
until appeals action has been finalised;
29.14.3.2 Employees with dependants have a further period of up to twenty one (21) days immediately after all appeals action
has been finalised to find suitable accommodation before such travelling
compensation entitlements cease. Such period may be extended by the
Commissioner if the Commissioner is satisfied that twenty one
(21) days is insufficient time to find such accommodation.
29.14.3.3 The Commissioner shall not approve the movement of the
employee's dependants or furniture and effects before all appeals action has
been finalised unless exceptional or particularly difficult circumstances
exist.
29.14.3.4 Employees without dependants may be given assistance with
temporary accommodation pending the completion of any appeals action but are
not to move their furniture and effects until appeals action has been
finalised.
29.15 Adjustment of
Entitlements
29.15.1 The entitlements provided by this clause, shall
be adjusted in line with, and from the same effective dates, as the
corresponding entitlements prescribed in the Crown Employees (Transferred
Officers' Compensation) Award.
30. Rental of Premises
30.1 For the purpose
of this clause only:
30.1.1 "accommodation" means quarters
or premises, including a fire station, owned or leased
by the Department.
30.1.2 "employee" means a Station
Officer or an Inspector.
30.1.3 "market rental" means the
market rental of the property as determined by the Commissioner in accordance
with the Guidelines issued by the DPE.
30.2 Except as
provided for in subclauses 30.3, 30.4 and 30.5, where an employee is required
to and does occupy accommodation, the Department shall deduct from the rate of
pay of the employee concerned an amount per week equal to 4% of the employee’s
“Per Week” rate of pay as prescribed in Tables 1 and 2, Rates of Pay, or 50% of
the market rental of the accommodation, whichever is the lesser.
30.3 Where an employee
was, on 19 August 1994, entitled to and occupying subsidised accommodation:
30.3.1 Such employee, subject to subclause
30.3.2, shall continue to pay the amount set at Item 19 of Table 3 of Part C
(as adjusted from time to time in accordance with 30.4) per week unless the
employee subsequently elects to move from that accommodation to different
accommodation. If such an employee so elects, then the Department shall deduct
from the rate of pay of the employee concerned an amount per week as prescribed
in sub-clause 30.2.
30.3.2 And has exercised, or who has, a right of
return transfer pursuant to Clause 30 (i) of the Fire
Brigade Employees' (State) Award as published in NSW Industrial Gazette Volume
263 of 1991, such employee shall retain the right of return transfer. Provided
that the continued entitlement to subsidised accommodation shall expire after a
period of 2.5 years from the date of return transfer.
30.3.3 And is transferred by the Department from
one country location to another country location, such employee shall retain
the benefits of the provisions of sub-clause 30.3 as if the employee had not
been so transferred.
30.4 The amount set at
Item 19 of Table 3 of Part C, shall be increased from the same date and by the
same percentage of any increase to the rate of pay prescribed for a Station
Officer. All such increases shall be rounded off to the nearest 10 cents.
30.5 Employees who
have entered into, or subsequently entered into,
private tenancy arrangements with the Department are not entitled to the
provisions of this clause.
Executive Officers
30.6 Except as
provided for in subclause 30.8, where an Executive Officer is required to and
does occupy accommodation, the Department shall deduct from the rate of pay of
the Executive Officer an amount per week equal to 4% of the weekly equivalent
of the Executive Officer’s annual salary as prescribed in Table 1 of Part C or
50% of the market rental of the accommodation, whichever is the lesser.
30.7 The weekly
equivalent referred to in subclause 30.6 shall be derived by multiplying the
annual salary by 7 and dividing the result by 365.25.
30.8 An Executive Officer who has entered into, or subsequently enters into private tenancy
arrangements with the Department is not entitled to the provisions of this
clause.
31. Protective
Clothing and Uniforms
31.1 The Department
shall supply to all employees appropriate protective clothing for operational
duties which shall meet relevant national and/or international Standards or as
otherwise agreed to with the Union.
31.2 Employees
supplied with the above clothing shall wear it in accordance with Departmental
instructions.
31.3 The provision of
wet weather gear shall be in accordance with existing practice, or as otherwise
agreed between the parties.
32. Clothes Drying
Facility
32.1 A drying closet
for artificially drying clothing shall be provided by the Department at all
fire stations to which employees are attached.
33. Cleaning of
Clothes
33.1 For the purposes
of this clause:
33.1.1 "Personal Protective Equipment"
means external clothing designed for personal protection at an incident.
33.1.2 "Duty wear" means duty wear
trousers and duty wear shirt.
33.1.3 "Dress uniform" is limited to
Dress Trousers, Slacks, Culottes, Skirts, Galatea and
Pullover.
33.2 Where any Personal Protective
Equipment or Duty wear is supplied by the Department and is required to be worn
by its employees, and such Personal
Protective Equipment or Duty wear becomes soiled or damaged in the execution of
duty as to require cleaning or repairs, such cleaning or repairs shall be done
at the expense of the Department. Provided that the above Dress Uniform items
shall also be cleaned or repaired at the expense of the Department.
34. Safety Belts
34.1 Safety belts
shall be fitted to all seats on all vehicles operated by the Department which
employees are called upon to drive or to ride upon on a public road. Employees are required to wear safety belts at all times while driving
or a passenger in a vehicle operated by the Department.
35. Disputes Avoidance Procedures
35.1 Subject to the provisions of the Industrial
Relations Act 1996, and Clause 36.2, and to enable claims, issues and disputes to be resolved while work proceeds
normally, the following procedures are to apply.
35.2 Employee(s) and/or Union representatives
will place the matter before the immediate supervisor. The immediate supervisor
will take all reasonable steps to reply to the employee(s) and/or Union
representatives as soon as possible, and will at least
provide a progress report before the close of ordinary business on the next
working day.
35.3 Failing agreement, employee(s) and/or Union
representatives will place the claim, issue or dispute
before the next higher officer in charge of the relevant zone or region. That
officer will take all reasonable steps to reply to the employee(s) and/or Union
representatives as soon as possible, and will at least
provide a progress report before the close of ordinary business on the next
working day.
35.4 Failing agreement, employee(s) and/or Union
representatives will place the claim, issue or dispute
before the Director Human Resources. The Director Human Resources will take all
reasonable steps to reply to the employee(s) and/or Union representatives as soon as possible, and will at least provide a progress
report before the close of ordinary business on the next working day.
35.5 Failing agreement, employee(s) and/or Union
representatives will place the claim, issue or dispute
before the Commissioner. The claim, issue or dispute and all relevant
circumstances relating to it will be fully reviewed by the Commissioner and the
Union and all reasonable steps shall be taken in an attempt
to resolve the matter.
35.6 No action is to be taken by the Union which
would affect the Department's operations whilst a dispute is under
investigation.
35.7 Failing agreement the claim, issue or dispute
may be referred to the appropriate Industrial Tribunal.
36. Organisational
Change under Subclause 36.2
36.1. This clause recognises the capacity of the
Commissioner to make decisions to effect change within the Department
36.2.
36.2.1 This clause applies to consultation and
decisions regarding clauses 4 (Definitions), clause 8 (Hours of Work), clause
13 (Progression and Promotion Provisions), clause 19 (Examination and
Assessment Leave) and clause 39 (Drug and Alcohol Protocol), to the exclusion
of the procedures under clause 35.
36.2.2 This
clause also applies in circumstances where the Commissioner decides to amend, revoke or replace the Department’s guidelines,
policies and/or procedures for the management of employees’ conduct or
performance.
36.3 Prior to making any decision to effect
change in the circumstances prescribed by subclause 36.2, the Commissioner must
consult with the Union.
36.4 Consultation will commence with a written
notification to the Union regarding the proposed change(s). Thereafter there
will be a reasonable opportunity for the Union to present its views in relation
to the proposed changes.
36.5 If, during the consultation process,
there is a reasonable basis for the Commissioner to conclude that the
consultation process has been exhausted, the Commissioner shall advise the
Union accordingly and the following procedures shall then operate.
36.6. The Commissioner will notify the Union and the workforce affected
by the proposed change of his/her decision in relation to the subject of the
proposed change as well as the process and timetable for its implementation.
36.7 If the matter remains in dispute and is
referred by the Union to the Industrial Relations Commission within 7 days of
the notification of the decision under clause 36.6, there will be no
implementation of the change until the Industrial Relations Commission
determines the matter or orders otherwise.
36.8 The Union and the Commissioner shall be
bound by any order or determination of the Industrial Relations Commission in
relation to the dispute.
36.9 If Industrial action is engaged in at any
stage in the operation of the process under this clause, then the prohibition on
implementation under clause 36.7 ceases to operate.
36.10 The operation of this clause shall be
reviewed at the end of one year from the date of its commencement, for the
purpose of considering whether any amendments are appropriate.
37. Acknowledgment of
Applications and Reports
37.1 When an employee
makes an application or a report in writing, to the proper officer, the
employee shall be sent a memorandum or email acknowledging its receipt and
noting the matter contained therein.
37.2 The result of an
application shall be communicated to the employee no later than fourteen days
after a decision has been reached. In cases where no decision has been reached
within one month the reason for the delay shall be communicated in writing, by
memorandum or email, to the employee.
37.3 The provisions of
this clause shall not apply in cases where other procedures are specifically
stipulated (eg, in Standing Orders or Commissioner's
Orders).
38. Procedures
Regarding Reports and Charges
38.1 When an employee
is summoned to appear before the employee's Senior Officer or before the
Department on a charge, appeal or formal
inquiry, the employee shall be given particulars in writing of the charge or
allegation, if any, against the employee, at least forty‑eight hours
before the hearing of the charge or appeal or the opening of the said inquiry.
The employee shall be allowed access personally or by a representative duly
authorised in writing by the employee, to all or any of the official papers,
correspondence or reports of the Department relating to the charge, appeal or subject of the said inquiry.
38.2 The employee also
shall be allowed to give and to call evidence on the employee's own behalf and
to hear all evidence given.
38.3 If an employee so
requests the employee may be represented by an officer of the Union before the
employee's Senior Officer or the Department on all such occasions.
38.4
38.4.1 No report about an employee shall be
placed on the records or papers relating to that employee unless the employee
concerned has been shown the said report.
38.4.2 If the employee disagrees with the
report, the employee shall be entitled to make such a notation on the report.
38.4.3 Evidence that the employee has been shown
the report will be by either the employee's signature thereon, or in accordance
with subclause 38.4.4.
38.4.4 Where an employee refuses to sign the
report, such refusal shall immediately be noted upon the report by the Senior
Officer handling the report, in such cases, the Senior Officer will advise the
employee that the refusal to sign will be noted on the report and that the
report, together with such notation, will be placed on the records or papers
relating to that employee.
38.4.5 Further to subclause 38.4.4, in such
circumstances, the Department will notify the Union, in writing, within seven
days of such refusal and the Union shall be given an opportunity of replying to
the report.
38.4.6 If the employee so desires, any written
response from either the employee or the Union shall also be placed amongst the
records or papers relating to the employee or noted thereon.
38.5 Where the
Department has, for its own purposes, arranged for a transcript to be taken of
proceedings on a charge appeal or formal inquiry, a copy of such transcript
shall be supplied, free of cost, to the employee concerned if, during the
hearing or at the termination of the proceedings, a request therefore, in
writing, is made by the employee.
38.6 After the Senior
Officer has announced the recommendation or when the Department has made its
decision as the result of a charge or an appeal, the employee concerned shall
be informed thereof, in writing, within seven days after such announcement or
decision has been made or has been given, as the case may be.
38.7 For the purposes
of this clause "Senior Officer" means the employee’s Senior Officer
or an Officer of a higher rank.
39. Alcohol and Other Drugs
39.1 The joint
Protocol on Drug and Alcohol Safety and Rehabilitation in the Workplace, signed
by the Department and the Union on 18 March 1998, shall apply to all employees
covered by this Award until 4 September 2013, when it will be replaced by the
FRNSW Alcohol and Other Drugs Policy and associated FRNSW Alcohol and Other
Drugs Testing Procedures which shall thereafter then apply to all employees
covered by this Award.
39.2 The Department
may develop a new Protocol, or revised Policy or Procedures following
consultation between the Department and the Union.
40. Salary Packaging
Arrangements, Including Salary Sacrifice to Superannuation
40.1 The entitlement to salary package in
accordance with this clause is available to permanent full-time employees.
40.2 For the purposes of this clause:
40.2.1 "salary" means the salary or
rate of pay prescribed for the employee's classification by clause 6, Rates of
Pay and Allowances, Part C of this Award, and any other payment that can be
salary packaged in accordance with Australian taxation law.
40.2.2 "post compulsory deduction
salary" means the amount of salary available to be packaged after payroll
deductions required by legislation or order have been taken
into account. Such payroll deductions may include, but are not limited
to, taxes, compulsory superannuation payments, HECS payments, child support
payments, and judgement debtor/garnishee orders.
40.3 By mutual
agreement with the Commissioner, an employee may elect to package a part or all of their post compulsory deduction salary in order to
obtain:
40.3.1 a benefit or benefits selected from those
approved by the Industrial Relations Secretary; and
40.3.2 an amount equal to the difference between
the employee’s salary, and the amount specified by the Industrial Relations
Secretary for the benefit provided to or in respect of the employee in
accordance with such agreement.
40.4 An
election to salary package must be made prior to the commencement of the period
of service to which the earnings relate.
40.5 The
agreement shall be known as a Salary Packaging Agreement.
40.6 Except
in accordance with subclause 40.7, a Salary Packaging Agreement shall be
recorded in writing and shall be for a period of time
as mutually agreed between the employee and the Commissioner at the time of
signing the Salary Packaging Agreement.
40.7 Where
an employee makes an election to sacrifice a part or all of
their post compulsory deduction salary as additional employer superannuation
contributions, the employee may elect to have the amount sacrificed:
40.7.1 paid into the superannuation fund
established under the First State Superannuation Act 1992; or
40.7.2 where the Department is making compulsory
employer superannuation contributions to another complying superannuation fund,
paid into the same complying fund; or
40.7.3 subject to the Department’s agreement,
paid into another complying superannuation fund.
40.8 Where the
employee makes an election to salary sacrifice, the Department shall pay the
amount of post compulsory deduction salary, the subject of election, to the
relevant superannuation fund.
40.9 Where the
employee makes an election to salary package and where the employee is a member
of a superannuation scheme established under the:
40.9.1 Police Regulation (Superannuation) Act 1906;
40.9.2 Superannuation Act 1916;
40.9.3 State Authorities Superannuation Act
1987; or
40.9.4 State Authorities Non-contributory
Superannuation Act 1987, the Department
must ensure that the employee’s superable salary for the purposes of the
above Acts, as notified to the SAS Trustee Corporation, is calculated as if the
Salary Packaging Agreement had not been entered into.
40.10 Where the employee
makes an election to salary package, and where the employee is a member of a
superannuation fund other than a fund established under legislation listed in
subclause 40.9 of this clause, the Department must continue to base
contributions to that fund on the salary payable as if the Salary Packaging
Agreement had not been entered into. This clause applies even though the
superannuation contributions made by the Department may be in
excess of superannuation guarantee requirements after the salary
packaging is implemented.
40.11 Where
the employee makes an election to salary package:
40.11.1 subject to Australian Taxation law, the
amount of salary packaged will reduce the salary subject to appropriate PAYG
taxation deductions by the amount packaged; and
40.11.2 any allowance, penalty rate, payment for
unused leave entitlements, weekly worker’s compensation or other payment, other
than any payments for leave taken in service, to which an employee is entitled
under this Award or any applicable Award, Act or statute which is expressed to
be determined by reference to the employee’s rate of pay, shall be calculated
by reference to the rate of pay which would have applied to the employee under
clause 6, Rates of Pay and Allowances, or Part C of this Award if the Salary
Packaging Agreement had not been entered into.
40.12 The Industrial
Relations Secretary may vary the range and type of benefits available from time
to time following discussion with the Union.
Such variations shall apply to any existing or future Salary Packaging
Agreement from date of such variation.
40.13 The Industrial
Relations Secretary will determine from time to time the value of the benefits
provided following discussion with the Union.
Such variations shall apply to any existing or future Salary Packaging
Agreement from the date of such variation.
In this circumstance, the employee may elect to terminate the Salary
Packaging Agreement.
41.
Anti-Discrimination
41.1 It is the
intention of the parties bound by this Award to seek to achieve the object in
3(f) of the Industrial Relations Act 1996 to prevent and eliminate
discrimination in the workplace. This includes discrimination on the grounds of
race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.
41.2 It follows that
in fulfilling their obligations under the Disputes Avoidance Procedures
prescribed by Clause 35 of this Award the parties have obligations to take all
reasonable steps to ensure that the operation of the provisions of this Award
are not directly or indirectly discriminatory in their effects. It will be
consistent with the fulfilment of these obligations for the parties to make
application to vary any provision of the Award which, by its terms or
operation, has a direct or indirect discriminatory effect.
41.3 Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
41.4 Nothing in this
Clause is taken to affect:
41.4.1 any conduct or act which is specifically
exempted from anti-discrimination legislation;
41.4.2 offering or providing junior rates of pay
to persons under 21 years of age;
41.4.3 any act or practice of a body established
to propagate religion which is exempted under section 56(d) of the Anti-Discrimination
Act 1977;
41.4.4 a party to this Award from pursuing
matters of unlawful discrimination in any State or Federal jurisdiction.
41.5 This Clause does
not create legal rights or obligations in addition to those imposed upon the
parties by legislation referred to in this Clause.
42. Employees’ duties
42.1 An employee may be directed to carry out
duties which are within the limits of his or her skills, competence, and
training, in such a manner, as may be required by the Department, provided
that:
42.1.1 the direction is reasonable,
42.1.2 an employee who elects to relinquish a
rank or qualification shall cease to be considered to be
capable of carrying out the duties associated with that former rank or
qualification, and
42.1.3 the direction is not otherwise
inconsistent with a provision of this Award.
42.2 Any direction
issued by the Department pursuant to subclause 42.1 shall be consistent with:
42.2.1 the provision of a safe and health
working environment,
42.2.2 ensuring that the Department responds to
relevant technological changes and changes in its operating environment in a
timely and effective manner.
42.3 The parties to this Award shall work
collaboratively to ensure the effective and reasonable operation of this
clause.
43. No Extra Claims
43.1 The parties agree that, during the term of
this award, there will be no extra wage claims, claims for improved conditions
of employment or demands made with respect to the employees covered by the
award and, further, that no proceedings, claims or demands concerning wages or
conditions of employment with respect to those employees will be instituted
before the Industrial Relations Commission or any other industrial tribunal.
43.2 The terms of subclause 43.1 do not prevent
the parties from taking any proceedings with respect to the interpretation, application or enforcement of existing award provisions.
44. Area, Incidence
and Duration
44.1 This Award rescinds and replaces the Crown
Employees (Fire and Rescue NSW Permanent Firefighting Staff) Award 2020.
44.2 This Award shall apply to all employees as
defined in Clause 4, Definitions, of this Award and shall take effect on and
from 26 February 2021, and shall remain in force until
25 February 2022.
PART C
MONETARY RATES
Table 1 - Rates of Pay effective on and from
the dates shown
|
$ per week
|
Classification
|
26 February 2021
|
Recruit Firefighter
|
$1,278.62
|
Firefighter
|
$1,475.34
|
Qualified Firefighter
|
$1,639.26
|
Senior Firefighter
|
$1,737.62
|
Leading Firefighter
|
$1,835.97
|
Station Officer
|
$2,081.86
|
Leading Station Officer
|
$2,131.04
|
Inspector
|
$2,458.89
|
Classification
|
$ per annum
|
Superintendent
|
$159,594
|
Chief Superintendent
|
$172,435
|
Table 2 - Rates of Pay effective on and from
the dates shown
|
$ per week
|
Classification
|
26 February 2021
|
Operational Support Level 1
|
$1,841.84
|
Operational Support Level 2
|
$2,087.77
|
Operational Support Station Officer /Level
2
|
$2,087.77
|
Operational Support Level 2a
|
$2,198.72
|
Operational
Support Inspector
|
$2,464.74
|
Operational Support
Inspector / Level 3
|
$2,464.74
|
Operational
Support Level 3a
|
$2,672.59
|
MONETARY RATES
Table 3 - Allowances
The following
allowances are effective on and from the date shown.
Item
|
Clause
|
Description
|
Unit
|
Amount
26/02/2021
|
1
|
6.6.1
|
Laundry
expenses
|
$ per week
|
$41.52
|
2
|
6.6.2
9.8
12.7
12.15.4
12.16
|
Kilometre
Allowance
|
$ per km
|
$1.34
|
3
|
6.6.3
|
Major Aerial
Allowance
|
$ per week
|
$62.70
|
4
|
6.6.4
|
Minor Aerial
Allowance
|
$ per week
|
$23.52
|
5
|
6.6.5
|
Hazmat Allowance
|
$ per week
|
$125.42
|
6
|
6.6.6
|
Communications
Allowance, Non-Officers
|
$ per week
|
$194.97
|
7
|
6.6.7
|
Communications
Allowance, Officers
|
$ per week
|
$211.41
|
8
|
6.6.8
|
Communications
Allowance, Senior Officers
|
$ per week
|
$246.51
|
9
|
6.6.9
|
Country Allowance
|
$ per week
|
$8.51
|
10
|
6.6.10
|
Remote Area
Allowance
|
$ per week
|
$32.58
|
11
|
6.6.11
|
Rescue
Allowance
|
$ per week
|
$54.49
|
12
|
6.6.12
|
Service
Allowance
- 5 years or
more, but less than 10 years
- 10 years or more,
but less than 15 years
- 15 years or
more
|
$ per week
|
$5.07 $10.14 $15.21
|
13
|
6.6.13
|
Marine
Allowance
|
$ per week
|
$62.70
|
14
|
12a6.2 10.2-10.4
|
Meal Allowance
|
$ per meal
|
$31.95
|
15
|
10.2-10.4
|
Refreshment
Allowance
|
$ per meal
|
$16.00
|
16
|
12.6
|
Relieving
Allowance
|
$ per rostered shift
|
$36.06
|
17
|
12a.7
|
Deployment
Allowance
|
$ per day
|
$190.38
|
18
|
25.2.8.4
|
Court
Attendance Stand-By Rate
- Periods of
less than 24 hours
- Periods of
24 hours
|
$
|
$16.85 $25.26
|
19
|
30.3.1
|
Accommodation Contribution
|
$ per week
|
$43.08
|
20
|
14.18
|
ComSafe Duties
|
$per hour
|
$83.35
|
Note: The amounts at Item 14 and Item 15 are
subject to adjustment on 1 July each year pursuant to subclause 10.4.
Table 4 - Travelling / Transferred Employees
Compensation Allowances
Item
|
Clause
|
Description
|
Unit
|
On and from
1 July 2020
|
1
|
16.5.2
25.2.3
26.6.4
29.6.5 &
29.8.1
|
Specified (Casual) Journey Rate
(Dependent on Engine Capacity)
2601cc & over
1601 to 2600cc
Under 1600cc
|
Per km
|
39.71 cents37.13 cents 31.17 cents
|
2
|
25.2.8.4
|
Stand By Rate -
see Item 17 in Table 3
|
3
|
26.1.3
|
Hourly Rate – Travelling Compensation
|
Per hour
|
$52.05
|
4
|
26.3.1.1
|
Breakfast
|
Per meal
|
## 28.70
|
^^
25.75
|
5
|
26.3.1.2
|
Lunch
|
Per meal
|
## 32.30
|
^^
29.35
|
6
|
26.3.1.3
|
Dinner
|
Per meal
|
## 55.05
|
^^
50.65
|
7
|
12a5.1, 26.4.1
|
Accommodation first 35 days
(includes all meals)
- Capital Cities
- High Cost Country Centres
- Tier 2 Country Centres
- Other Country Centres
|
Per day
|
$324.45 Sydney
$293.45 Adelaide
$311.45 Brisbane
$304.45 Canberra
$356.45 Darwin
$283.45 Hobart
$309.45 Melbourne
$316.45 Perth
$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
$291.45 Wollongong
$257.60 $260.15 Albury
$257.60 $260.15 Armidale
$260.15 Cobar
$257.60 $260.15 Cooma
$260.15 Cowra
$257.60 $260.15 Dubbo
$257.60 $260.15 Goulburn
$260.15 Grafton
$257.60 $260.15Griffith
$257.60 $260.15 Gunnedah
$257.60 $260.15 Lismore
$257.60 $260.15 Nowra
$257.60 $260.15 Tamworth
$257.60 $260.15 Tumut
$240.15
|
8
|
12a5.2
26.4.2
|
Actual Necessary Expenses -
all locations
|
Per day
|
$20.40
|
9
|
26.4.3
|
Accommodation -
after first 35 days and up to 6 mths
|
Per day
|
50% of the appropriate location rate
|
10
|
26.5
|
Government Accommodation - Incidental
Expenses – all locations
|
Per day
|
$20.40
|
11
|
26.6.5.4 &
29.8.4
|
Official Business Rate
(Dependant on Engine Capacity)
Over 2601cc
1601 to 2600cc
under 1600cc
|
Per km
|
111.98
cents
103.47
cents
74.74
cents
|
12
|
29.5.1 – 29.5.3
|
Temporary Accommodation
|
Per week
(up to a maximum of)
|
$254.00
|
13
|
29.5.2
|
Board & Lodging expenses to be covered
by Employee
|
Per week
|
$51.00
|
14
|
29.5.4.1
|
Laundry Allowance -
Employee only rate
|
Per week
|
$4.50
|
15
|
29.5.4.2.
|
Laundry Allowance -
Employee and Dependants rate
|
Per week
(actual expenses to a maximum of)
|
$13.00
|
16
|
29.6.2
|
Cost of Insurance of Furniture and Effects
in transit and in Storage
|
(up to a maximum of)
|
$38,000
|
17
|
29.6.3.2
|
Accelerated depreciation of personal/household
effects in transit
|
(up to a maximum of)
|
$1,126
|
18
|
29.6.3.2
|
Value of furnishings and fittings
|
(up to a maximum of)
|
$7,037
|
19
|
29.9.2
|
Board & Lodging to be covered by
parent/guardian
|
Per week
|
$27.00
|
20
|
29.9.2
|
Board & Lodging cost for Dependent
staying in initial location due to Year 12 subjects
|
Per week
|
$56.00
|
21
|
29.10.6 &
29.11.3.2
|
Relocation –
City to Country for sale of property
|
(up to a maximum of)
|
$520,000
|
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.