Crown Employees (Fire and Rescue NSW Retained
Firefighting Staff) Award 2022
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Fire and Rescue NSW.
(Case No. 73341 of 2022)
Before Commissioner Muir
|
27 September 2022
|
AWARD
Part A
1. Introduction
1.1 This Award shall be known as the Crown
Employees (Fire and Rescue NSW Retained Firefighting Staff) Award 2022.
1.2 This Award regulates the rates of pay and conditions
of employment for employees covered by this Award.
1.3 All
references in this Award to Firefighter, Deputy Captain or Captain shall also
be taken to be a reference to CFR Firefighter, CFR Deputy Captain
and CFR Captain respectively and vice versa, excepting for Table 2 of Part B
and any other specific reference to CFR in this Award.
2. Index
Clause No. Subject
Matter
1. Title
2. Index
3. Basic Wage
4. Definitions
5. Intentions and Commitments
6. Rates of Pay and Allowances
7. Higher Duties
8. Meals and Refreshments
9. Use of Personal Transport
10. Annual Leave
11. Compassionate Leave
12. Long Service Leave
13. Military Leave
14. Parental Leave
15. Carer’s Leave
16. Sick Leave
16a Domestic and Family Violence Leave
17. Special Leave for Union Activities
18. Court Attendance Entitlements
19. Training Course Attendance Entitlements
20. Travelling Compensation
21. Transfers
22. Procedures Regarding Reports and Charges
23. Acknowledgment of Applications and Reports
24. Training and Staff Development
25. Protective Clothing and Uniforms
26. Disputes Avoidance Procedures
27. Organisational Change under clause 27.2
28. Attendance and Availability Requirements
29. Attendance at Major Emergencies
30. Alcohol and Other Drugs
31. Salary Packaging Arrangements, including
Salary Sacrifice to Superannuation
32. Employees’ Duties
33. Anti-Discrimination
34. No Extra Claims
35. Area, Incidence and Duration
PART B
MONETARY RATES
Table 1 -
Retainers
Table 2 - Rates
of Pay
Table 3 -
Allowances
Table 4 -
Authorised Duties
Table 5 -
Travelling Compensation Allowances
3. Basic Wage
This Award, in so far as it fixes rates of pay,
is made by reference and in relation to the adult basic wage currently in force
under the said Clause 15 of Division 4 of Part 2 of Schedule 4, Savings,
Transitional and other provisions, of the Industrial Relations Act 1996.
4. Definitions
“Brigade” for the
purposes of this Award means any individual brigade of Fire and Rescue NSW
constituted under the Fire and Rescue NSW Act 1989.
“Commissioner” means
Commissioner of the Department holding office as such under the Government
Sector Employment Act 2013.
“CFR” means
Community First Responder, the medical first response role performed by CFR
firefighters as at 21 June 2012 in support (but not in
lieu) of the Ambulance Service of NSW.
“CFR Brigade” means
any Brigade that is designated as such by Fire & Rescue NSW from time to
time and such designation may be attached or withdrawn following consultation
with the Union.
“CFR firefighter”
means an employee who is both attached to a CFR Brigade and who is qualified to
undertake CFR duties. Any retained firefighter attached to a CFR Brigade may
request CFR training and then shall be provided with such training as soon as
practicable. Any CFR firefighter may at any time elect to relinquish their CFR
qualification and classification.
“Department” means
Fire and Rescue NSW established by the Fire and Rescue NSW Act 1989 and
as a Public Service Executive Agency under Schedule 1 of the Government
Sector Employment Act 2013.
“Domestic Violence”
means domestic violence as defined in the Crimes (Domestic and Personal
Violence) Act 2007.
“Emergency Meal”
means a Long Life Meal Pack supplied when the provision of a Substantial Meal
is not practicable, the basis of which shall be a self-heating 320g meal that
is generally meat based (except for special diet packs such as vegetarian or
vegan packs) and shall also include one dried fruit or fruit and nut mix
(Sunbeam Fruit and Nut 40g, Fruit on the Go 50g, or similar) and one cheese and
biscuits (Uncle Tobys Le Snak
Cheddar Cheese 20g, or similar) or one fruit pack (Goulburn Valley no
added sugar 220g, or similar) and one 100% fruit juice box (Just Juice
250 ml, or similar).
“Employee” means a
person classified by the Department as a Retained Firefighter and appointed as
a Firefighter pursuant to the provisions of the Fire and Rescue NSW Act 1989.
“Fire District” has
the same meaning as in the Fire and Rescue NSW Act 1989.
“GSA” (Greater Sydney
Area) means within the area bounded by the Local Government areas of Northern
Beaches, Hornsby, Baulkham Hills, Hawkesbury, Penrith, Liverpool, Wollondilly, Campbelltown and Sutherland.
“Incident” means a
fire call or any other emergency incident attended by
Fire and Rescue NSW.
“Merit selection” means a fair, transparent, impartial
process that assesses the merit of all applicants so that the employee selected
is the applicant who is the most suitable to perform the duties of the vacant
position.
“Refreshments” means tea
bags, instant coffee, boiling water, sugar, long life milk, two biscuits and
one cereal bar (any bar from the following list: K Time Twists 37 g bar,
All-Bran Baked Bars 40g bar, Uncle Tobys Crunchy
Muesli Bars Apricot, Uncle Tobys Fruit Twist – Apple
and Pear, or similar) or one Goulburn Valley or similar fruit pack 220 g
(no added sugar) and one liquid meal drink (any drink from the following
list: Sustagen Sport 250 ml, Up and Go 250 ml, or similar) or one
carbohydrate/electrolyte beverage (Sqwincher Qwik
Serv 42g sachet, or similar).
“Retainer” means the
relevant amount set out at the Entitlement Codes at subclause 6.3.1.1 that is
paid per fortnight to employees in accordance with their classification, less
the fortnightly equivalent of any contribution required pursuant to the Crown
Employees (NSW Fire Brigades Firefighting Staff Death and Disability) Award 2012 or its
successors.
“Service” for the
purposes of determining leave entitlements, means continuous service.
“Special Leave
Without Pay” means a period of approved unpaid leave during which the
employee’s retainer shall be unaffected.
“Substantial Meal”
means a meal identified in the Department’s Incident Ground Meals Guide, as
published at the date of the making of this Award, or a meal of a similar
nutritional and sensory quality standard.
“Union” means the
Fire Brigade Employees’ Union of New South Wales.
5. Intentions and Commitments
5.1 The intention of this Award is to regulate
the rates of pay and conditions of employment for employees covered by this
Award.
5.2 The specific commitment in relation to
this Award is for the parties to jointly investigate, agree upon and ensure the
introduction of a software application that shall be used by all employees in
receipt of the RTAAS Allowance to declare their compulsory availability and, if
they elect, any additional availability that they may wish to declare, and to
monitor their brigade’s availability on both a projected and real-time basis.
6. Rates of Pay and Allowances
6.1 Rates of pay and Retainers shall be paid in
accordance with the Entitlement Codes for an employee’s classification, as
prescribed in subclause 6.3.1. The monetary amounts corresponding to the
Entitlement Codes are as set out in Tables 1 and 2 of Part B, Monetary Rates.
6.2 The Retainers are paid in recognition of
and compensation for the attendances and periods of declared availability
required of employees by Clause 28, and include a loading in compensation for:
6.2.1 Annual leave loading.
6.2.2 The driving and operating of all vehicles
operated by appropriately qualified employees as at 30
September 1999 and rescue and hazmat vehicles outside the GSA and the
Newcastle, Lake Macquarie, Wollongong, Shellharbour, Central Coast and Blue
Mountains Local Government Areas. The operation of any other vehicles shall be
by agreement between the Union and the Department.
6.2.3 Rescue, Cordage, Hazmat & Unit Trainer
capabilities and CBT qualifications required to be held under subclause 6.3.
6.3 Retainers,
Rates of Pay and Classifications
6.3.1 Entitlement Codes
6.3.1.1 Firefighter
Retainers
Recruit Firefighter, Firefighter and CFR Firefighter
|
Retainer Level
|
Compulsory availability per week
|
Entitlement Code
|
Standard
Retainers (anytime, any day of the week)
|
Base
|
24 hours
|
A
|
50%
|
48 hours
|
B
|
75%
|
72 hours
|
C
|
100%
|
96 hours
|
D
|
Weekday
Retainers (between 0600 hours and 1800 hours, Monday to Friday only)
|
50%
|
30 hours
|
B
|
75%
|
40 hours
|
C
|
100%
|
50 hours
|
D
|
6.3.1.2 Deputy
Captain Retainers
Deputy Captain and CFR Deputy Captain
|
Retainer Level
|
Compulsory availability per week
|
Entitlement Code
|
Standard
Retainers (anytime, any day of the week)
|
Base
|
24 hours
|
E
|
50%
|
48 hours
|
F
|
75%
|
72 hours
|
G
|
100%
|
96 hours
|
H
|
Weekday
Retainers (between 0600 hours and 1800 hours, Monday to Friday only)
|
50%
|
30 hours
|
F
|
75%
|
40 hours
|
G
|
100%
|
50 hours
|
H
|
6.3.1.3 Captain
Retainers
Captain and CFR Captain
|
Retainer Level
|
Compulsory availability per week
|
Entitlement Code
|
Standard
Retainers (anytime, any day of the week)
|
Base
|
24 hours
|
I
|
50%
|
48 hours
|
J
|
75%
|
72 hours
|
K
|
100%
|
96 hours
|
L
|
Weekday
Retainers (between 0600 hours and 1800 hours, Monday to Friday only)
|
50%
|
30 hours
|
J
|
75%
|
40 hours
|
K
|
100%
|
50 hours
|
L
|
6.3.1.4 Hourly
Rates
Classification
|
1st Hour
|
Each subsequent half-hour or part thereof
|
Recruit Firefighter
|
M
|
N
|
Firefighter
|
O
|
P
|
CFR Firefighter
|
Q
|
R
|
Deputy Captain
|
S
|
T
|
CFR Deputy Captain
|
U
|
V
|
Captain
|
W
|
X
|
CFR Captain
|
Y
|
Z
|
6.3.2 - Transitional
arrangements
6.3.2.1 Employees
who on 29 May 2014 held the classification of Firefighter C and who commenced
employment on or after 1 January 2014 shall on and from 30 May 2014 be
re-classified as Recruit Firefighter.
6.3.2.2 Employees
who on 29 May 2014 held the classification of Firefighter C and who commenced
employment prior to 1 January 2014 shall on and from 30 May 2014 be
re-classified as Firefighter.
6.3.2.3 Employees
who on 29 May 2014 held the classification of Firefighter A or Firefighter B or
CFR Firefighter A, CFR Firefighter B or CFR Firefighter C shall on and from 30
May 2014 be re-classified as Firefighter or CFR Firefighter respectively.
6.3.2.4 Employees
who on 29 May 2014 held the classification of Deputy Captain A or B or CFR
Deputy Captain A or B shall on and from 30 May 2014 be re-classified as Deputy
Captain or CFR Deputy Captain respectively.
6.3.2.5 Employees
who on 29 May 2014 held the classification of Captain A or B or CFR Captain A
or B shall on and from 30 May 2014 be re-classified as Captain or CFR Captain
respectively.
6.3.2.6 Once
re-classified, all employees shall commence on the Base level of the Standard
Retainer for their classification.
6.3.3 All new employees
shall commence employment in the classification of Recruit Firefighter and on
the Base level of the Standard Retainer, and shall not
progress to a higher and/or Weekday Retainer other than in accordance with
subclause 6.3.6.
6.3.4 Progression from
Recruit Firefighter to Firefighter shall be subject to six (6) months service
from the date of commencement as a Recruit Firefighter and to the satisfactory
completion of the training and/or training competencies specified, by the
Commissioner on the advice of the Training Review Committee, for progression to
Firefighter.
6.3.4.1 Failure
to achieve progression to Firefighter within a reasonable time, will result in
the employee being considered unsuitable for continued employment, and the employment
of such an employee will be terminated accordingly. In such circumstances, the
Department will advise the Union that the services of the employee are to be
terminated.
6.3.4.2 The
reference to “reasonable time” in subclause 6.3.4.1 means a period in excess of six (6) months. The excess time to be allowed
shall be determined by the Commissioner after taking into
account all the circumstances of the case of the employee concerned.
6.3.5 Progression from
Firefighter to Deputy Captain or Captain, or from Deputy Captain to Captain
shall in each case be subject to a vacancy and shall be determined solely on the basis of merit selection.
6.3.6 Progression from
one Standard Retainer to any higher Standard Retainer, or from one Standard
Retainer to any Weekday Retainer, or from one Weekday Retainer to any higher
Weekday Retainer shall be subject to the occurrence of a vacancy and shall be
determined solely on the basis of merit selection. The
number of higher and/or Weekday Retainers available at any brigade (if any)
will remain solely at the Department’s discretion and subject to expansion or
reduction pursuant to subclause 6.3.7.
6.3.7
6.3.7.1 An
employee who applies for and is subsequently appointed to a higher Standard
Retainer and/or a Weekday Retainer may be transferred to a lower Retainer,
either Standard or Weekday, without the employee’s consent provided; firstly,
that the Department provides the employee(s) concerned with at least one
month’s written notice of such transfer; and secondly, that such transfers are
applied as equitably within the brigade as reasonably possible in the
circumstances; and thirdly, that the employee’s transfer is not a consequence
of disciplinary action, in which case neither of the preceding requirements
will apply and the transfer may be affected immediately.
6.3.7.2 An
employee’s Retainer (Standard or Weekday) and Level (Base, 50%,
75% or 100%) shall remain unaffected by a change in the employee’s classification.
By way of example, a Firefighter on a Weekday 50% Retainer under subclause
6.3.1.1 at the time of their appointment to Deputy Captain would continue on a 50% Weekday Retainer under subclause 6.3.1.2
until transferred to a higher Retainer pursuant to subclause 6.3.6, or to a
lower Retainer pursuant to subclause 6.3.7.1.
6.3.8 Progression of
employees to their corresponding CFR classification (Firefighter, Deputy Captain or Captain, whichever applies) shall be subject to:
6.3.8.1 attachment
to a CFR Brigade; and
6.3.8.2 the
satisfactory completion of the training and/or training competencies specified
for CFR duties.
6.4 Employees appointed as Unit Trainers shall
receive payment at the rates prescribed at Items W and X when delivering
training at regular station drills, for the duration of the drill.
6.5 Calculation of Payment for Duties
Performed
6.5.1 Employees shall be paid, subject to the
provisions of subclauses 6.5.2 and 6.5.3, for the total period
of time spent performing duties, which shall be calculated as follows:
6.5.1.1 Attendance
at Scheduled Weekend Training courses - the period of attendance shall be
equivalent to the scheduled training hours. For the avoidance of doubt, a
‘training course’ does not include a station drill or station program training
exercise.
6.5.1.2 Major
Emergencies - Periods of attendance for the purpose of calculating payment
shall be calculated having regard to the provisions of subclause 29.5.
6.5.1.3 Attendance
at Zone Conferences - the period of attendance shall be equivalent to the
scheduled hours of the conference.
6.5.1.4 Royal
Easter Show and ComSafe - periods of attendance for
the purpose of calculating payment shall be calculated having regard to the
provisions of subclause 6.8.2
6.5.1.5 In
all other instances - employees shall be paid for the period that elapses from
the time the employee signed on in the occurrence book at the employee’s
station, until the time such employee signs off in the occurrence book at the
employee’s station.
6.5.2 The minimum periods of payment shall be as
follows:
6.5.2.1 Attendance
at an incident, hazard reduction, and unit training - a minimum payment of one
hour. All subsequent time thereafter shall be paid to the half hour.
6.5.2.2 Regular
drills (of which there shall be two per station, per month) - a minimum payment
of two hours.
6.5.2.3 All
other authorised duties (excepting Travelling Time) - a minimum payment of one
hour. All subsequent time to be paid to the minute.
6.5.2.4 Travelling
time - where an employee is entitled to travelling time in terms of this Award,
all such time shall be paid to the minute.
6.5.2.5 Relief
Duties - where an employee performs relief duties in accordance with subclause
6.7 for three hours or less, such employee shall receive a minimum payment of
three hours for each such relief. All subsequent time thereafter shall be paid
to the minute.
6.5.2.6 Attendance
at scheduled weekend training courses and zone conferences - a minimum payment
of eight hours per day spent in attendance.
6.5.2.7 Royal
Easter Show and ComSafe – where an employee performs
duties in accordance with subclauses 6.8 or 6.8a for three hours or less, such
employee shall receive a minimum payment of three hours. All subsequent time
shall be paid to the minute.
6.5.2.8 Except
in the case of regular drills and authorised duties, where the purpose for
which an employee was required to report for duty is completed, the employee
shall be released.
6.5.3 An employee who attends either the station or
the incident within 30 minutes of notification shall for each such attendance
be entitled to payment pursuant to subclause 6.5.2.1 unless the employee was
already performing duty at the time of the notification (for example, the
employee had returned from a previous incident but had not signed off in the
occurrence book prior to notification of the subsequent incident).
6.5.4 If the non-availability of retained
firefighting staff at any brigade requires the Department to maintain minimum
staffing with a FRNSW firefighter not belonging to that station, then only
those employees who had declared their availability shall be responded until
such time as the minimum staffing by that brigade’s employees is
restored and the firefighter
performing relief duties has been released, whereupon the ordinary
notification and response of employees attached to the brigade shall resume.
6.6 Authorised Duties
6.6.1 Where an employee
is required to attend meetings or to perform other authorised duties, payment
shall be made at the appropriate rate of pay for the employee’s classification
pursuant to subclause 6.5.1.5. Such authorised duties include, but are not
limited to, those duties that are set out in Table 4 - Authorised Duties, of
Part B, Monetary Rates.
6.6.2 Employees seeking
to attend meetings and/or perform duties in accordance with subclause 6.6.1
which are not referred to in the said Table 4 must receive authorisation from
the relevant Captain, Inspector or higher ranking
officer prior to the performance of such duties.
6.6.3 Each station
shall be allowed not less than:
6.6.3.1 26
hours per month of station-based duties; and
6.6.3.2 1.5
hours per week, per vehicle of Engine Keeper duties; and
6.6.3.3 2
hours per week, per vehicle of Station Inventory Management System (SIMS)
duties; and
6.6.3.4 16
hours per annum of attendance at station open days and local shows; and
6.6.3.5 in the
case of any and all other authorised duties:
6.6.3.5.1 14
hours per month if attending 100 incidents or less per year.
6.6.3.5.2 19
hours per month if attending more than 100 but less than 200 incidents per
year.
6.6.3.5.3 24
hours per month if attending 200 or more incidents per year.
6.7 Relief Duties
6.7.1 Where an employee is required to maintain minimum staffing due to
the non-availability of retained or permanent firefighting staff at another
station, or permanent firefighting staff at the employee’s own station, such
employee shall be paid the amount prescribed at Entitlement Code “RD3” of Table
2 of Part B for the first three hours, or part thereof, and at the rate
prescribed at Entitlement Code “RDH” of Table 2 of Part B for any period
thereafter which elapses from the time the employee signed on in the occurrence
book of the relief station, until the time such employee signs off in the
occurrence book of the relief station. Provided that employees who perform
relief duties in accordance with this subclause shall not attract additional
payment under this Clause for attendance at incidents or performing authorised
duties or drills during the period of the relief.
6.7.2 Employees who relieve at a station other than
their own shall be paid the appropriate rate per hour prescribed for the
employee’s classification for the duration of the forward and return journeys between
the employee’s station and the location of the relief. All such time shall be
paid to the minute.
6.7.3 Where it is necessary for an employee to use the
employee’s private vehicle to perform relief duties, such employee shall be
paid the rate per kilometre prescribed at Entitlement Code “KM” of Table 3 of
Part B for the forward and return journeys between their residence and their
station, and the forward and return journeys between their station and the
location of the relief.
6.8 Attendance at the Royal Easter Show
6.8.1 The following hourly rates shall be paid to
employees working at the Royal Easter Show:
6.8.1.1 For
Recruit Firefighter and Firefighter, the rate prescribed at
Entitlement Code "RASF" of Table 2 of Part B of this Award.
6.8.1.2 For Deputy Captain, the rate
prescribed at Entitlement Code "RASDC" of Table 2 of Part B of this
Award.
6.8.1.3 For Captain, rate prescribed at
Entitlement Code "RASC" of Table 2 of Part B of this Award.
6.8a Performance of ComSafe
duties
6.8a.1 Employees who perform Comsafe
duties shall be paid the hourly rate prescribed at Entitlement Code
"CSD" of Table 2 of Part B of this Award.
6.8.2 The rates prescribed in subclauses 6.8.1 and
6.8a.1 are all incidence of employment rates and, notwithstanding anything else
prescribed in this Award, employees receiving such rates shall:
6.8.2.1 only be entitled to be paid for the
hours actually worked, subject to continuous payment for work performed on any
calendar day. Provided that, if an employee cannot attend for duty at the Royal
Easter Show (only) due to illness or incapacity and provides a medical
certificate pursuant to subclause 16.3 then the employee shall be entitled to
be paid for the hours that would have otherwise been worked.
6.8.2.2 not be entitled
to any payment or compensation for travelling time or travelling costs in
connection with the work performed;
6.8.2.3 not be entitled
to any payment or compensation with respect to either meals (except as provided
for by subclause 6.8.4) and/or accommodation (except as provided for by
subclause 6.8.2.6) in connection with the work performed;
6.8.2.4 not be entitled
to the payment of overtime in connection with the work performed;
6.8.2.5 not be entitled
to payment of downtime in connection with attendance at the Royal Easter Show;
6.8.2.6 be paid the accommodation
allowance set at Item 4 of Table 5 of Part B for each day that the distance
travelled between the employee’s residence and the furthest location where the ComSafe work is performed exceeds 100 kms and the
employee resides away from home (evidence of which may be required prior to
payment).
6.8.3 All payments made under this subclause shall
count for the purpose of any paid leave.
6.8.4 In the event that the employees attend an
incident while working at the Royal Easter Show such employees shall be
entitled to the provisions of Clause 8 - Meals and Refreshments.
6.8.5 Attendance at the Royal Easter Show and/or
the performance of ComSafe duties shall be treated as
a period of authorised absence for the purposes of
subclause 28.2.
6.8.6 It is expressly provided that attendance
at the Royal Easter Show and/or the performance of ComSafe
duties are not performed as Authorised Duties.
6.9 RTAAS Allowance
6.9.1 The Retained
Telephone Alerting and Availability System Allowance prescribed at Entitlement
Code “RTAAS” of Table 3 of Part B of this Award shall be paid to employees who
provide the Department with a valid telephone number in compensation for the
maintenance of that primary contact number and the use of an agreed software
application to declare their compulsory availability and, if they elect, any
additional availability that they may wish to declare, and to monitor their
brigade’s availability on both a projected and real-time basis.
6.10 Overtime
6.10.1 Where
an employee works in excess of ten (10) consecutive
hours, such employee shall be paid at overtime rates for the hours worked in
excess of ten (10). Provided that the provisions of this subclause shall not
apply to employees receiving payment under either Clause 29, Attendance at Major
Emergencies, subclause 6.7, Relief Duties, or subclause 6.8, Attendance at the
Royal Easter Show.
6.10.2 Overtime
shall be paid for at the rate of time and one half for the first two (2) hours
and at the rate of double time thereafter, for the rate(s) prescribed for the
employee’s classification, provided that all overtime shall be paid to the half
hour in accordance with subclause 6.5.2.1.
6.10.3 Employees
who work on Easter Sunday or on any additional public holiday that is Gazetted
or otherwise confirmed by the NSW Government shall be paid at overtime rates
for all hours worked on each such day. For the purposes of this subclause,
additional public holidays shall not include local public holidays.
6.11 Overpayments
6.11.1 In cases
where an employee has been overpaid, the Department shall be entitled to
recover such overpayment in full. Unless the employee agrees otherwise, the
maximum rate at which the overpayment can be recovered is an amount calculated
on a per fortnight basis, equivalent to 10% of the employee’s gross fortnightly
remuneration.
6.11.2 In all
cases where overpayments have occurred, the Department shall as soon as
possible advise the employee concerned of both the circumstances surrounding
the overpayment and the amount involved. The Department will also advise the
employee of the pay period from which the recovery of the overpayment is to
commence.
6.11.3 The
recovery rate of 10% of an employee’s gross fortnightly remuneration referred
to in subclause 6.11.1, may be reduced by approval of the Commissioner if the
Commissioner is satisfied that such a rate of recovery would cause undue
hardship to the employee concerned.
6.11.4 Where
an employee’s remaining period of service does not permit the full recovery of
any overpayment to be achieved on the fortnightly basis prescribed in subclause
6.11.1, the Department shall have the right to deduct any balance of such
overpayment from any monies owing to the employee on the employee’s date of
termination, resignation or retirement, as the case
may be.
6.12 Payment of Monies
6.12.1 Employees
shall be paid fortnightly.
6.12.2 Payments
shall be made into a bank account specified by the employee, or other financial
institutions acceptable to the Department and Union.
6.12.3 Employees
shall be paid within two pay periods of the date of any work performed under
this Award.
6.13 Payroll Deductions
6.13.1 Except
as provided for in subclause 6.13.2, all salary deductions shall be made in
accordance with Treasury Guidelines.
6.13.2 Upon
application by an employee, the Department shall make deductions from the
employee’s pay for Union subscriptions and shall forward the amount so deducted to the Union as soon as
possible thereafter.
6.14 Method of Calculation of any Future Adjustment
6.14.1 The
Retainers at Table 1 of Part B shall in future be adjusted by calculating the
increase for each 100% Level Retainer to the nearest cent and then calculating
the remaining Levels for each classification by the corresponding percentage,
with the Base Level Retainer at subclause 6.3.1.1 to be calculated at 25% and
the Base Level Retainers at subclauses 6.3.1.2 and 6.3.1.3 to be calculated at
37.5%.
6.14.2 The
Rates of Pay for Entitlement Codes M to Z inclusive at Table 2 of Part B shall
in future be adjusted:
6.14.2.1 firstly,
by calculating the increase for the Deputy Captain classification to the
nearest cent to arrive at a new 1st hour, 100% rate and:
6.14.2.2 secondly,
by then multiplying the new 100% rate by 80%, by 90% and by 112% and rounding
each result to the nearest cent to arrive at the new rate for the Recruit
Firefighter, Firefighter and Captain classifications respectively, and
6.14.2.3 thirdly,
by then multiplying the new 100% rate and each of the new rates produced by
subclause 6.14.2.2 by 107% and then rounding each result to the nearest cent to
arrive at the new rates for the corresponding CFR classifications, and
6.14.2.4 finally,
by then dividing each of the new 1st hour rates produced by this
subclause by two and then rounding to the nearest cent in
order to arrive at the corresponding new half hour rate for each
classification.
6.14.3 The
Rates of Pay for Entitlement Codes RASF, RASDC and RASC at Table 2 of Part B shall
in future be adjusted:
6.14.3.1 firstly,
by calculating the increase for the Firefighter rate at Entitlement Code RASF
to the nearest cent, and
6.14.3.2 secondly,
by then subtracting the new Firefighter rate at Entitlement Code O from the new
Royal Easter Show firefighter rate at Entitlement Code RASF, and
6.14.3.3 thirdly,
by then adding the amount produced at subclause 6.14.3.2 to the new Deputy
Captain rate at Entitlement Code S and to the new Captain rate at Entitlement
Code W to arrive at the new Royal Easter Show rates for the Deputy Captain and
Captain classifications at Enititlement Codes RASDC
and RASC respectively.
7. Higher Duties
7.1 In
selecting Firefighters to perform Higher Duties at the Deputy Captain
classification, or Deputy Captains
(including Acting Deputy Captains) to perform Higher Duties at the
Captain classification, a merit based selection process need not be applied
provided, firstly, that in making such appointments the Department shall have
regard to the principles of equitably sharing career development opportunities,
and secondly, that as soon as it becomes known that the duration of the relief
may last for two months or more then expressions of interest are to be called
for from employees holding the relevant classification and determined on the
basis of merit selection.
7.2 An employee shall not be entitled to
perform Higher Duties unless the employee is qualified to perform such duties.
7.3 An employee performing Higher Duties shall
be paid for the period of relief, the difference between the employee’s usual
hourly rates of pay and the hourly rates of pay for the classification in which
the Higher Duties are performed. Provided that:
7.3.1 The difference
between the employee’s Retainer payment and the Retainer payment for the
classification in which the Higher Duties are performed shall not be paid
unless the Higher Duties are performed for a continuous period of seven days or
more; and
7.3.2 The
employee shall do so at their ordinary Retainer Level (e.g.
Base, 50%, 75% or 100%) and not at the Level of the employee into whose
position they are acting unless the employee who is performing the Higher
Duties agrees otherwise.
7.4 Attendance at an Incident
7.4.1 Any Higher Duties entitlement in terms of
this clause which was actually being paid, or which
should have been paid, during a period immediately prior to an incident, shall
not be diminished as a consequence of the incident.
7.4.2 Except as provided for in 7.4.1, the only
other circumstances under which a Higher Duties payment is to be made during an
incident is in a case where neither the Captain nor
the Deputy Captain of that Brigade attends the incident. In such cases, only
one employee shall be entitled to a Higher Duties payment at the Deputy Captain
hourly rate of pay and that employee shall be the employee who was in charge of the Brigade for the majority of the time.
To avoid doubt, in the case of attendance by multiple Retained Brigades, a
Higher Duties payment shall be made to the relevant employee from each Brigade
whose Captain and Deputy Captains(s) do not attend the incident.
7.4.3 For the purposes of 7.4.2, the term “Captain”
and “Deputy Captain” shall also mean “Acting Captain” and “Acting Deputy
Captain” in cases where an employee was, during the period immediately prior to
the incident, the Acting Captain or Acting Deputy
Captain in terms of this clause.
8. Meals and Refreshments
8.1 Attendance at an Incident
8.1.1 For the purposes of this clause, an
“incident” also includes hazard reduction.
8.1.2 Where an employee attends an incident which
extends for two hours or more Refreshments shall be provided no later than two
hours after the start of the incident.
8.1.3 Where such an incident extends for four hours
or more, the employee shall be provided with a Substantial Meal. After every
subsequent four hours of attendance at such an incident, a further Substantial Meal shall be provided.
8.2 Payment in Lieu of the Provision of
Refreshments/Meals
8.2.1 Where
Refreshments are not provided in terms of subclause 8.1.2, the Refreshment
Allowance set at Entitlement Code “RA” of Table 3 of Part B, shall be paid.
8.2.2 Where an Emergency
Meal is supplied in lieu of a Substantial Meal, the Refreshment Allowance set
at Entitlement Code “RA” of Table 3 of Part B, shall be paid.
8.2.3 Where a
Substantial Meal or Emergency Meal is not provided in terms of subclause 8.1.3,
the Meal Allowance set at Entitlement Code “MA” of Table 3 of Part B, shall be
paid.
8.3 Calculation of Future Adjustments to
Refreshments/Meal Allowances
8.3.1 The allowances referred to in this clause
shall be calculated as follows:
8.3.1.1 The Meal Allowance at Entitlement
Code “MA” of Table 3 of Part B, is the average, rounded to the nearest five
cents of the amounts prescribed for the overtime meal allowances for breakfast,
lunch and dinner at Item 19 of Table 1 Part B of the Crown Employees (Public
Service Conditions of Employment) Award 2002 as subsequently adjusted pursuant
to subclause 8.3.1.3.
8.3.1.2 The Refreshment Allowance at
Entitlement Code “RA” of Table 3 of Part B, is half, rounded to the nearest
five cents of the amount at Entitlement Code “MA” of Table 3 of Part B.
8.3.1.3 The amounts specified in subclauses
8.3.1.1 and 8.3.1.2 shall be adjusted on 1 July in line with the corresponding reasonable allowance
amount for overtime meals for the
appropriate financial year as published by the
Australian Taxation Office (ATO).
9. Use of Personal Transport
9.1 Attendance at an incident
9.1.1 Where it is necessary for an employee to use
the employee’s private vehicle to attend an incident, the employee shall be
paid at the rate prescribed at Entitlement Code “KM” of Table 3 of Part B, per
kilometre, as follows:
9.1.1.1 The
return distance from the employee’s residence to the station or the distance actually travelled on the forward and return journeys to the
station, which ever is the lesser, provided that payment shall be limited in all
instances to a return distance of 14 kilometres;
and
9.1.1.2 The
return distance from the station to the incident, if
it is necessary for the employee to use the employee’s private vehicle to
travel from the station to the incident.
9.2 Attendance at Authorised Meetings and
Other Duties
9.2.1 Where an employee is required to use the
employee’s private vehicle to attend such meetings or to perform such other
authorised duties as prescribed in subclause 6.6, the employee shall be paid
the rate prescribed at Entitlement Code “KM” of Table 3 of Part B, of this
Award per kilometre for the actual distance necessarily and reasonably
travelled for that purpose.
9.2.1.1 Provided
that where an employee is authorised to, and does, use his or her own private
vehicle and the principal purpose of the journey is, or is as a consequence of,
the transportation of the Department’s equipment and/or appliances from one
location to another, then such employee shall be paid the appropriate rate per
hour prescribed for the employee’s classification in addition to the rate per
kilometre prescribed at Entitlement Code “KM” of Table 3 of Part B. Provided
further that, for the purposes of this subclause:
9.2.1.1.1 An
employee’s turnout gear shall not be regarded as equipment.
9.2.1.1.2 The
hourly rate shall be paid on a basis similar to
travelling time. That is, no minimum
period of payment and all time to be paid to the minute.
9.2.1.1.3 Where the
reason for the journey is to attend an incident, the normal provisions of this
Award shall apply in lieu of the provisions of this subclause.
9.2.2 The provisions of this clause shall not apply
where transport is provided by the Department.
9.2.3 Employees who are required to attend such
meetings or perform such authorised duties, but do not use their private
vehicle and are therefore not entitled to claim the rate prescribed at
Entitlement Code “KM” of Table 3 of Part B, shall be entitled to claim travelling
time and/or travelling expenses in accordance with clause 19, Travelling
Compensation.
10. Annual Leave
10.1 On each
anniversary of an employee’s appointment to the Brigade, an employee shall be
entitled to annual leave. Such annual leave shall accrue at the rate of four
weeks for each completed year of service and shall be taken in multiple periods
of not less than 3 consecutive days, or in single-day periods, so long as the
single-day periods do not exceed ten days in any calendar year.
10.2 An employee with
less than twelve months service may, subject to approval by the Department and
the requirements of subclause 10.1, take in advance leave which has accrued.
10.3 Wherever
possible, annual leave shall be taken within six months of the date on which
the leave becomes due. Provided that, in all cases, annual leave must be
granted and taken within twelve months of the date on which it becomes due.
10.4 As far as
possible, annual leave shall be granted to coincide with the employee’s leave
period from the employee’s primary form of employment.
10.5 Payment for
annual leave shall be calculated on the weekly average of the total amount paid
by the Department to the employee for the twelve months immediately prior to
the date on which leave is commenced excluding any periods of Special Leave
Without Pay, unpaid leave and/or suspension. For the purposes of this
subclause, "total amount" shall include all payments made to the
employee by the Department, excluding the RTAS Allowance and payments made as
compensation or reimbursement for expenses (e.g.
payments for meals, accommodation and for kilometres travelled).
10.6 An employee who
is directed to return to duty in the case of an emergency whilst on annual
leave, shall have any day or part thereof recredited.
10.7 An employee shall
be paid in advance for a period of approved annual leave, providing such
employee has given a minimum of six weeks written notice of the date on which
the leave is to commence.
11. Compassionate
Leave
11.1 An employee,
other than a casual employee, shall be entitled to up to two days compassionate
leave without deduction of pay, on each occasion of the death of a person as
prescribed in subclause 11.3 of this clause.
11.2 The employee must
notify the employer as soon as practicable of the intention to take
compassionate leave and will, if required by the employer, provide to the
satisfaction of the employer proof of death.
11.3 Compassionate
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of Carer’s Leave as set out in subparagraph
15.1.3.2 of clause 15, Carer’s Leave, provided that, for the purpose of
compassionate leave, the employee need not have been responsible for the care
of the person concerned.
11.4 An employee shall
not be entitled to compassionate leave under this clause during any period in
respect of which the employee has been granted other leave.
11.5 Compassionate
leave may be taken in conjunction with other leave available under subclauses
15.2 and 15.3 of clause 15. In determining such a request, the employer will give consideration to the circumstances of the employee and
the reasonable operational requirements of the Department.
12. Long Service Leave
12.1 Subject also to the provisions of subclause
12.9, an employee shall be entitled to long service leave calculated on the
following bases:
12.1.1 For all continuous
service prior to 1 April 1963, and provided that such previous service is also
continuous with the employee’s current service, at the rate of three months,
for twenty years of service.
12.1.2 For all continuous
service on and subsequent to 1 April 1963, in the case of an employee who has
completed ten years service, two months long service
leave and for each five years completed service thereafter, a further one month long service leave.
12.2 On termination of services, in respect of
the number of years service with the Department since
the employee last became entitled to an amount of long service leave, a
proportionate amount on the basis of two months for
ten years service.
12.3 In the case of an employee who has completed
at least seven years service and whose services are
terminated or cease for any reason, such employee shall be paid a proportionate
amount calculated at
the rate of two months for
ten years service.
12.4 In the case of an employee who has completed
at least five years but less than seven years service
and whose services are terminated by the Department for any reason, other than
serious and wilful misconduct, or by the employee on account of illness,
incapacity or domestic or other pressing necessity, or by reason of the death
of the employee, such employee (or in the event of the death of the employee,
the employee’s estate) shall be paid a proportionate amount calculated at the
rate of two months for ten years service.
12.5 Long service leave shall be granted subject
to the convenience of the Department, as and when such leave becomes due (i.e. after seven (7) years) or any time thereafter. Provided
that an employee shall give at least twenty (20) days notice in
writing of the intention to take such leave.
12.6 Long service leave shall be paid at the rate
of full pay which, for the purposes of this clause, shall mean the greater
average monthly remuneration received by the employee calculated over either
the preceding twelve months or five years excluding any periods of Special
Leave Without Pay, unpaid leave and/or suspension. The averages referred to in
this subclause shall be calculated up to and including the end of the month
immediately prior to the month during which the long service leave is taken or commences, as the case may be.
12.7 The term "remuneration" referred to
in subclause 12.6 shall include all payments made to the employee by, excluding
the RTAS Allowance and payments made as compensation or reimbursement for
expenses (e.g., payments for meals, accommodation and for kilometres
travelled).
12.8 An employee who is directed to return to
duty in the case of an emergency while on long service leave shall have any day
or part thereof recredited.
12.9 Notwithstanding anything elsewhere provided
by this clause, effective on and from the date of operation of this Award:
12.9.1 employees may apply to take pro-rata Long
Service leave after the completion of seven (7) years of service. Additionally, employees with such service
shall be entitled to pro-rata Long Service leave on resignation or termination.
12.9.2 employees may apply to take a period of Long
Service leave at double pay provided that:
12.9.2.1 The
additional payment will be made as a non-superable taxable allowance payable
for the period of the absence from work.
12.9.2.2 The
employee’s leave balance will be debited for the actual period of the absence
from work and an equivalent number of days as are necessary to pay the
allowance.
12.9.2.3 Other
leave entitlements, e.g., recreation leave, sick leave and Long Service leave
will accrue at the single time rate where an employee takes Long Service leave
at double time.
12.9.2.4 Superannuation
contributions will only be made on the basis of the
actual absence from work, i.e., at the single time rate.
12.9.2.5 Where
an employee elects to take Long Service leave at double pay, the minimum period
of actual absence should be not less than one (1) week.
12.9.3 where a public holiday falls during a period of
Long Service leave the employee shall be paid for that day and additionally it
shall not be deducted from the period of the leave.
12.9.3.1 In respect of public holidays that
fall during a period of double pay Long Service leave an employee will not be
debited in respect of the leave on a public holiday. The employees leave
balance will however be reduced by an additional day to fund the non-superable
taxable allowance.
13. Military Leave
13.1 Military leave may be granted to employees who
are volunteer part-time members of the Defence Forces Reserves.
13.2 Such leave shall be available in accordance
with the following provisions on a twelve month to twelve
month basis, commencing on 1 July each year:
13.2.1 For members of the Navy Reserve - thirteen
calendar days for the purpose of annual training and thirteen calendar days for
the purposes of attending a school, class or course of
instruction, including in a teaching capacity.
13.2.2 For members of the Army Reserve - fourteen
calendar days for the purpose of annual training and fourteen calendar days for
the purposes of attending a school, class or course of
instruction, including in a teaching capacity.
13.2.3 For members of the Air Force Reserve - sixteen
calendar days for the purpose of annual training and sixteen calendar days for
the purposes of attending a school, class or course of
instruction, including in a teaching capacity.
13.3 Where a Commanding Officer certifies in
writing that it is obligatory for a member of the Reserves to attend training
for a period that exceeds the leave granted under subclause 13.2, the
Commissioner may grant further Military Leave up to four calendar days in any
one Military Leave year.
13.4 Periods of approved Military Leave shall be
regarded as Special Leave Without Pay.
14. Parental Leave
14.1 Definition of Parental Leave
14.1.1 For the purposes
of this clause, Parental Leave is Maternity Leave, Other Parent Leave or
Adoption Leave.
14.1.2 Maternity Leave is
leave taken by a female employee in connection with the pregnancy or the birth
of a child of the employee. Maternity Leave consists of an unbroken period of
leave.
14.1.3 Other Parent Leave
is leave taken by an employee who becomes a parent but is ineligible to be
granted either Maternity Leave or Adoption Leave but is to be the primary care
giver of a child or who wishes to share the child caring duties with their
partner.
14.1.4 Adoption Leave is
leave taken by a female or male employee in connection with the adoption by the
employee of a child under the age of five years (other than a child who has
previously lived continuously with the employee for a period of at least six
months or who is a child or step-child of the employee
or of the employee’s spouse).
14.1.5 For the purposes of
this clause, “spouse” includes a de facto spouse and a former spouse.
14.2 Entitlement to Parental Leave
14.2.1 An employee is entitled
to parental leave, as provided by this clause, in connection with the birth or
adoption of a child.
14.2.2 Maternity Leave -
all female employees who do not have the necessary service as prescribed in
subclause 14.3.1 for paid Maternity Leave, shall be entitled to unpaid
Maternity Leave of up to fourteen (14) weeks before the expected date of birth
of the child.
14.2.3 Paid Maternity
Leave may be granted to a female employee subject to the following conditions:
14.2.3.1 The
female employee has applied for Maternity Leave within such time and in such
manner as herein set out.
14.2.3.2 Before
the expected date of birth has completed not less than forty weeks’ continuous
service. Paid Maternity Leave shall be for a period of fourteen (14) weeks at full
pay or twenty-eight (28) weeks at half pay from the date Maternity Leave
commences.
14.2.3.3 In
addition to the unpaid or paid Maternity leave referred to in 14.2.2 &
14.2.3.2 respectively, all female employees shall be entitled to a further
period of unpaid Maternity leave, provided that the total period of absence on
Maternity leave shall not exceed sixty-one (61) weeks.
14.2.3.4 The
period over which Annual and/or Long Service Leave combined with unpaid
Maternity Leave, shall not exceed a total period of two years from the date of
birth of the child.
14.2.4 Short Adoption
Leave is an unbroken period of fourteen (14) weeks of unpaid leave, taken by an
employee who does not have the necessary service for paid Adoption Leave as
prescribed in subclause 14.3.1, from the time of placement of the child.
14.2.5 Paid Adoption
Leave may be granted to an employee adopting a child subject to the following
conditions:
14.2.5.1 The
employee has applied for Adoption Leave within such time and in such manner as
herein set out.
14.2.5.2 Before
the commencement of Adoption Leave the employee has completed not less than
forty weeks’ continuous service.
14.2.5.3 The
employee is to be the primary care giver of the child.
14.2.5.4 Paid
Adoption Leave shall be for a period of fourteen (14) weeks at full pay or
twenty-eight (28) weeks at half pay of Adoption Leave or the period of Adoption
Leave taken, whichever is the lesser period.
14.2.5.5 In
addition to the unpaid or paid Adoption leave referred to in 14.2.4 & 14.2.5.4
of this subclause respectively, all employees shall be entitled to a further
period of unpaid Adoption leave, provided that the total period of absence on
Adoption leave shall not exceed sixty-one (61) weeks.
14.2.6 Other Parent Leave
is a period of up to a maximum of fifty-two (52) weeks of either unpaid or a
combination of paid and unpaid parental leave taken from the date of birth of
the child, or other termination of the pregnancy. Application for such leave
must be made within such time and in such manner as herein set out. Other
Parent leave shall consist of:
14.2.6.1 an
unbroken period of up to one (1) week unpaid leave at the time of the birth of
the child, or other termination of the pregnancy (short Other Parent leave) an
unbroken period of up to one (1) week on full pay or two (2) weeks on half pay
at the time of the birth of the child, or other termination of the pregnancy
provided that at such time the employee has completed not less than forty (40)
weeks continuous service
14.2.6.2 In
addition to the unpaid or paid Other Parent leave referred to in 14.2.6.1,
employees shall be entitled to a further period of unpaid Other Parent leave in
order to be the primary care-giver of the child
(extended Other Parent leave), provided that the total period of absence on
Other Parent leave shall not exceed fifty-two (52) weeks.
14.2.7 Except as provided
for in subclause 14.2.3 and 14.2.5, Parental Leave shall not extend beyond a
period of one year after the child was born or adopted.
14.3 Length of Service for Eligibility
14.3.1 A female employee
is entitled to paid Maternity Leave or, in the case of both male and female
employees, paid Other Parent or Adoption Leave only if the employee has had at
least forty weeks’ continuous service.
14.3.2 There is no
minimum period of employment for eligibility for unpaid Parental Leave.
14.3.3 Continuous service
is service under one or more unbroken contracts of employment, including:
14.3.3.1 Any
period of authorised leave or absence.
14.3.3.2 Any
period of part-time work.
14.3.3.3 Full or
part-time service within the public sector.
14.4 Notices and Documents required to be given
to the Commissioner
14.4.1 Maternity Leave -
The notices and documents to be given to the Commissioner for the purposes of
taking Maternity Leave are as follows:
14.4.1.1 The
female employee should give at least eight weeks’ written or oral notice of the
intention to take the leave (unless it is not reasonably practicable to do so
in the circumstances).
14.4.1.2 The
female employee must, at least four weeks before proceeding on leave, give
written notice of the dates on which the employee proposes to start and end the
period of leave.
14.4.1.3 The female
employee must, before the start of leave, provide a certificate from a medical
practitioner confirming that the employee is pregnant and the expected date of
birth.
14.4.2 Other Parent Leave
- The notices and documents to be given to the Commissioner for the purposes of
taking Other Parent Leave are as follows:
14.4.2.1 In the
case of extended Other Parent Leave, the employee should give at least ten
weeks written or oral notice of the intention to take the leave (unless it is
not reasonably practicable to do so in the circumstances).
14.4.2.2 The
employee must, at least four weeks before proceeding on leave, give notice of
the dates on which the employee proposes to start and end the period of leave.
14.4.2.3 The
employee must, before the start of leave, provide a certificate from a medical
practitioner confirming that the employee’s spouse is pregnant and the expected
date of birth.
14.4.2.4 In the
case of extended Other Parent leave, the employee must, before the start of
leave, provide a statutory declaration by the employee stating:
14.4.2.4.1 Any
period of Maternity Leave sought or taken by their spouse.
14.4.2.4.2 That
they are seeking that period of extended Other Parent Leave to become the
primary care-giver of the child.
14.4.3 Adoption Leave -
The notices and documents to be given to the Commissioner for the purposes of
taking Adoption Leave are as follows:
14.4.3.1 In the
case of extended Adoption Leave, the employee should give written or oral
notice of any approval or other decision to adopt a child at least ten weeks
before the expected date of placement (unless it is not reasonably practicable
to do so in the circumstances).
14.4.3.2 The employee must give written notice
of the dates on which the employee proposes to start and end the period of
leave, as soon as practicable after the employee is notified of the expected
date of placement of the child but at least fourteen days before proceeding on
such leave.
14.4.3.3 The employee must, before the start of
leave, provide a statement from an adoption agency or another appropriate body
of the expected date of placement of the child with the employee for adoption
purposes.
14.4.3.4 In the case of extended Adoption
Leave, the employee must, before the start of such leave, provide a statutory
declaration by the employee stating:
14.4.3.4.1 Any
period of Adoption Leave sought or taken by his or her spouse.
14.4.3.4.2 The
employee is seeking that period of extended Adoption Leave to become the
primary care-giver of the child.
14.4.4 An employee does
not fail to comply with this clause if the failure was caused by:
14.4.4.1 The
child being born (or the pregnancy otherwise terminating) before the expected
date of birth.
14.4.4.2 The
child being placed for adoption before the expected date of placement.
14.4.4.3 Other
compelling circumstances.
14.4.5 In the case of the
birth of a living child, notice of the period of leave is to be given within
two weeks after the birth and the certificate of the medical practitioner is to
state that the child was born and the date of birth. In the case of the
adoption of a child, notice of the period of leave is to be given within two
weeks after the placement of the child.
14.4.6 An employee must
notify the Commissioner of any change in the information provided under this
clause within two weeks after the change.
14.4.7 If required by the
Commissioner, an employee who applies for Parental Leave is to give the
Commissioner a statutory declaration, or enter into an agreement with the
Commissioner, that for the period of the leave the employee will not engage in
any conduct inconsistent with the employee’s contract of employment.
14.5 Continuity of Service
Parental leave
does not break an employee’s continuity of service, but subject to subclauses
14.5.1, 14.5.2 and 14.5.3 is not to be taken into account
in calculating an employee’s period of service for any other purposes.
14.5.1 Any period of paid
Adoption, paid Maternity or paid Other Parent Leave shall count as full service
for the purposes of determining progression either within a classification or
from one classification to another. However, unpaid Parental Leave shall not
count as service for determining such progression.
14.5.2 Adoption Leave on
full pay, Maternity Leave at full pay and Other Parent Leave at full pay shall
count as full service for the purposes of determining all forms of leave.
14.5.3 Unpaid Parental
Leave shall not count as service for determining any form of leave entitlement,
except for Long Service Leave in cases where at least ten years of service has
been completed and unpaid Parental Leave does not exceed six months.
14.6 Simultaneous taking of Parental Leave
Subject to
subclause 14.20.1.1, Parental Leave is to be available to only one parent at a
time, in a single unbroken period, except that both parents may simultaneously
take:
14.6.1 For maternity and
Other Parent leave, an unbroken period of up to one week at the time of the
birth of the child;
14.6.2 For adoption
leave, an unbroken period of up to three weeks at the time of the placement of
the child.
14.7 Cancellation of Parental Leave
14.7.1 Before starting
leave - Parental leave applied for but not commenced is automatically cancelled
if:
14.7.1.1 The
employee withdraws the application for leave by written notice to the
Commissioner.
14.7.1.2 The pregnancy
concerned terminates other than by the birth of a living child or the placement
of the child concerned does not proceed.
14.7.2 After starting
leave - If:
14.7.2.1 The
pregnancy of the employee or the employee’s spouse terminates other than by the
birth of a living child while the employee or spouse is on parental leave,
provided:
14.7.2.1.1 If a
child is still-born the female employee may elect to
take available Sick Leave or Maternity Leave.
14.7.2.1.2 In the
event of a miscarriage any absence from work is to be covered by the current
Sick Leave provisions.
14.7.2.2 The
child in respect of whom an employee is then on Parental Leave dies, or
14.7.2.3 The
placement of a child for adoption purposes with an employee then on adoption
leave does not proceed or continue, the employee is entitled to resume work at
a time nominated by the Commissioner within two weeks after the date on which
the employee gives the Commissioner a notice in writing stating that the
employee intends to resume work and the reason for the intended resumption.
14.7.3 The provisions of
subclause 14.7 do not affect an employee’s entitlement to special maternity
leave or special adoption leave.
14.8 Parental Leave and other Leave
14.8.1 An employee may take
any annual leave or long service leave to which the employee is entitled
instead of, or in conjunction with parental leave.
14.8.2 However, the total
period of leave cannot be so extended beyond the maximum period of Parental
Leave authorised by this clause.
14.8.3 The maximum period
of Parental Leave authorised by this clause is reduced by any period of paid
sick leave taken by the employee while on Maternity Leave.
14.8.4 Any paid absence
authorised by law or by an award, enterprise agreement or contract of
employment is not available to an employee on Parental Leave, except if the
paid absence is:
14.8.4.1 Annual
Leave or Long Service Leave.
14.8.4.2 In the
case of Maternity Leave - Sick Leave.
14.9 Employee and Commissioner may agree to
interruption of Parental Leave by return to work -
14.9.1 An employee on
Parental Leave may, with the agreement of the Commissioner, break the period of
leave by returning to work for the Department, provided that:
14.9.1.1 A
female employee who gives birth to a living child shall not resume duty until
six weeks after the birth of the child, unless special
arrangements for early return are made at the request of the female employee
and supported by a certificate from a qualified medical practitioner.
14.9.1.2 A
female employee who has returned to full-time duty after less than her full
entitlement to maternity leave, shall be entitled to revert to maternity leave
either on a full-time or part-time basis if she so elects. This election may be
exercised only once and a minimum of four weeks notice
(or less if acceptable to the Commissioner) of her intention to resume
maternity leave must be given.
14.9.2 The period of
leave cannot be extended by such a return to work beyond the maximum period of
leave authorised by this clause.
14.10 Extension of period of Parental Leave
14.10.1 An
employee may extend the period of parental leave once only, by giving the Commissioner
notice in writing of the extended period at least fourteen days before the
start of the extended period. The period of leave cannot be extended by such a
notice beyond the maximum period of leave authorised by this clause.
14.10.2 Subject
to the provisions of subclause 14.20, an employee may extend the period of
parental leave at any time with the agreement of the Commissioner. The period
of leave can be extended by such an agreement beyond the maximum period of
leave authorised by this clause.
14.10.3 This
subclause applies to an extension of leave whilst the employee is on leave or
before the employee commences leave.
14.11 Shortening of period of Parental Leave
14.11.1 An
employee may shorten the period of Parental Leave with the agreement of the
Commissioner and by giving the Commissioner notice in writing of the shortened
period at least fourteen days before the leave is to come to an end.
14.12 Return to work
after Parental Leave
14.12.1 An
employee returning to work after a period of Parental Leave is entitled to be
employed in:
14.12.1.1 The
classification (if possible, at the same location) held by the employee
immediately before proceeding on that leave.
14.12.1.2 If the
employee was transferred to a safe job before proceeding on Maternity Leave -
the classification (if possible, at the same location) held immediately before
the transfer.
14.12.2 If the
classification no longer exists but there are other classifications available
that the employee is qualified for and is capable of
performing, the employee is entitled to be employed in a classification
as comparable as possible in status and pay to that of the employee’s former
classification.
14.12.3 The
provisions of subclause 14.12 extend to a female employee returning to work
after a period of Special Maternity Leave and Sick Leave.
14.13 Payment
14.13.1 Payment
for the fourteen (14) weeks on full pay or twenty-eight (28) weeks on half pay
paid Maternity Leave may be made:
14.13.1.1 In advance
in a lump sum.
14.13.1.2 On a
normal fortnightly basis.
14.13.1.3 Payment
for such period of leave shall be calculated on the weekly average of the total
amount paid by the Department to the employee for the twelve months immediately
prior to the date on which leave is commenced excluding any periods of Special
Leave Without Pay, unpaid leave and/or suspension. For the purposes of this
subclause, "total amount" shall include all payments made to the
employee by the Department excluding the RTAS Allowance and payments made as
compensation or reimbursement for expenses (e.g.
payments for meals, accommodation and for kilometres travelled).
14.13.2 Payment
to eligible employees for the fourteen (14) weeks on full pay or twenty-eight
(28) weeks on half pay paid Adoption Leave may be made:
14.13.2.1 In
advance in a lump sum.
14.13.2.2 On a
normal fortnightly basis.
14.13.2.3 Payment
for such period of leave shall be calculated on the weekly average of the total
amount paid by the Department to the employee for the twelve months immediately
prior to the date on which leave is commenced excluding any periods of Special
Leave Without Pay, unpaid leave and/or suspension. For the purposes of this
subclause "total amount" shall include all payments made to the
employee by the Department excluding payments made as compensation or
reimbursement for expenses (e.g. payments for meals,
accommodation and for kilometres travelled).
14.14 Commissioner’s Obligations
14.14.1 Information
to Employees - On becoming aware that an employee (or an employee’s spouse) is
pregnant, or that an employee is adopting a child, the Commissioner must inform
the employee of:
14.14.1.1 The
employee’s entitlements to Parental Leave under this clause.
14.14.1.2 The
employee’s obligations to notify the Commissioner of any matter under this
clause.
14.14.2 Records
- The Commissioner must keep for at least six years, a record of Parental Leave
granted under this clause to employees and all notices and documents given
under this clause by employees or the Commissioner.
14.15 Termination of Employment because of Pregnancy
etc
14.15.1 The
Commissioner must not terminate the employment of an employee because:
14.15.1.1 The employee
is pregnant or has applied to adopt a child.
14.15.1.2 The
employee has given birth to a child or has adopted a child.
14.15.1.3 The
employee has applied for, or is absent on Parental Leave, but otherwise the
rights of the Commissioner in relation to termination of employment are not
affected by this clause.
14.15.2 For the
purposes of establishing such a termination of employment, it is sufficient if
it is established that the alleged reason for termination was a substantial and
operative reason for termination.
14.15.3 This
clause does not affect any other rights of a dismissed employee.
14.16 Replacement Employees
14.16.1 A
replacement employee is a person who is specifically employed as a result of an employee proceeding on Parental Leave (including
as a replacement for an employee who has been temporarily promoted or
transferred in order to replace the employee proceeding on parental leave).
14.16.2 Before
a replacement employee is employed, the Commissioner must inform the person of
the temporary nature of the employment and of the rights of the employee on
Parental Leave to return to work.
14.16.3 A
reference in this clause to an employee proceeding on leave includes a
reference to a pregnant employee exercising a right to be transferred to a safe
job.
14.17 Transfer to a Safe Job
14.17.1 This
subclause applies whenever the present work of a female employee is, because of
her pregnancy or breastfeeding, a risk to the health or safety of the employee
or of her unborn or new born child. The assessment of
such a risk is to be made on the basis of a medical
certificate supplied by the employee and of the obligations of the Commissioner
under the Work Health and Safety Act 2011.
14.17.2 The
Commissioner is to temporarily adjust the employee’s working conditions or
hours of work to avoid exposure to risk as follows:
14.17.2.1 Where a
female employee is confirmed pregnant she is to notify
the Regional Commander or Officer-in-Charge as soon as possible who will, in
turn, direct that she be withdrawn from operational firefighting duties.
14.17.2.2
14.17.2.2.1 The
standard issue uniform is to be worn by members until the pregnancy becomes apparent
prior to the birth and from the tenth week, if practicable, following the
birth.
14.17.2.2.2 Employees
will be provided with a maternity uniform for use when appropriate.
14.17.2.3 An
employee on maternity leave who gives birth to a living child shall not resume
operational firefighting duties until thirteen weeks have elapsed after the
birth of the child, unless a special request for early return is made by the
employee supported by a medical certificate from a qualified medical
practitioner, subsequently endorsed by the Department’s Occupational Health
Physician.
14.17.2.4 Duties
other than fire fighting may be undertaken after six
weeks following the birth of the child, if endorsed by the Occupational Health
Physician.
14.17.2.5
14.17.2.5.1 Upon
withdrawal from operational firefighting duties alternate work of a suitable
nature is to be provided.
14.17.2.5.2 Allocation
of duties will be determined by the Department following consultation between
the Department’s Occupational Health Physician, the employee’s Officer-in-Charge and the employee.
14.17.3 If such
an adjustment is not feasible or cannot reasonably be required to be made, the
Commissioner is to transfer the employee to other work where she will not be
exposed to that risk.
14.17.4 If such
a transfer is not feasible or cannot reasonably be required to be made, the
Commissioner is to grant the employee Maternity Leave under this clause (or any
available paid Sick Leave) for as long as is necessary to avoid exposure to
that risk, as certified by a medical practitioner.
14.18 Special Maternity Leave and Sick Leave
14.18.1 If the
pregnancy of an employee not then on maternity leave terminates before the
expected date of birth (other than by the birth of a living child) or she
suffers illness related to her pregnancy:
14.18.1.1 The
employee is entitled to such period of unpaid leave (to be known as special
Maternity Leave) as a medical practitioner certifies to be necessary before her
return to work.
14.18.1.2 The employee
is entitled to such paid sick leave (either instead of or in addition to
special Maternity Leave) as she is then entitled to and as a medical
practitioner certifies to be necessary before her return to work.
14.19 Special Adoption Leave
14.19.1 An
employee who is seeking to adopt a child is entitled to up to two days unpaid
leave if the employee requires that leave to attend compulsory interviews or
examinations as part of the adoption procedure.
14.20 Right to request
14.20.1 An
employee entitled to parental leave may request the employer to allow the
employee:
14.20.1.1 to
extend the period of simultaneous parental leave up to a maximum of eight weeks;
14.20.1.2 to
extend the period of unpaid parental leave for a further continuous period of leave
not exceeding 12 months;
to assist the employee in reconciling work and parental
responsibilities.
14.20.2 The
employer shall consider the request having regard to the employee’s
circumstances and, provided the request is genuinely based on the employee’s
parental responsibilities, may only refuse the request on reasonable grounds
related to the effect on the workplace or the employer’s business.
14.20.3 Employee’s
request and the employer’s decision to be in writing:
The employee’s request and the employer’s decision made under 14.20.1
and 14.20.2 must be recorded in writing.
14.21 Communication during parental leave
14.21.1 Where
an employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the employer shall take
reasonable steps to:
14.21.1.1 make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
14.21.1.2 provide
an opportunity for the employee to discuss any significant effect the change
will have on the status or responsibility level of the position the employee
held before commencing parental leave.
14.21.2 The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee’s decision regarding the duration of parental
leave to be taken and whether the employee intends to return to work.
14.21.3 The employee shall also notify the
employer of changes of address or other contact details which might affect the
employer’s capacity to comply with subclause 14.21.1.
15. Carer’s Leave
15.1 Use of Sick Leave
15.1.1 An employee with
responsibilities in relation to a class of person set out in subclause
15.1.3.2, who needs the employee’s care and support shall be entitled to use,
in accordance with this clause, any current or accrued Sick Leave entitlement,
provided for at clause 15, for absences to provide care and support for such
persons when they are ill. Such leave may be taken for part of a single day.
15.1.2 The employee
shall, if required, establish by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person. In normal circumstances an
employee must not take Carer’s Leave under this clause where another person has
taken leave to care for the same person.
15.1.3 The entitlement to
use Sick Leave in accordance with this clause is subject to:
15.1.3.1 The
employee being responsible for the care of the person concerned.
15.1.3.2 The
person concerned being:
15.1.3.2.1 A spouse
of the employee.
15.1.3.2.2 A de
facto spouse who, in relation to a person, is a person of the same or opposite
sex to the first mentioned person and who lives with the first mentioned person
as the husband or wife of that person on a bona fide domestic basis, although
not legally married to that person.
15.1.3.2.3 A child
or an adult child (including an adopted child, a stepchild, a foster child or an ex-nuptial child), parent (including a foster
parent and legal guardian), grandparent, grandchild or sibling of the employee
or spouse or de facto spouse of the employee.
15.1.3.2.4 A
relative of the employee who is a member of the same household where, for the
purposes of this subclause:
15.1.3.2.4.1 “Relative”
means a person related by blood, marriage or affinity.
15.1.3.2.4.2 “Affinity”
means a relationship that one spouse, because of marriage, has
to blood relatives of the other.
15.1.3.2.4.3 “Household”
means a family group living in the same domestic dwelling.
15.1.4 An employee shall,
wherever practicable, give the Department notice, prior to the absence, of the
intention to take leave, the name of the person requiring care and their
relationship to the employee, the reasons for taking such leave and the
estimated length of absence. If it is not practicable for the employee to give
prior notice of absence, the employee shall notify the Department by telephone
of such absence at the first opportunity on the day of absence.
15.2 Unpaid Leave for Family Purpose
15.2.1 An employee may
elect, with the consent of the Department, to take unpaid leave for the purpose
of providing care and support to a class of person, as set out in subclause
15.1.3.2, who is ill.
15.3 Annual Leave
15.3.1 An employee may elect,
with the consent of the employer to take annual leave not exceeding ten days in
single-day periods, or part thereof, in any calendar year at a time or times
agreed by the parties.
15.3.2 An employee may
elect with the employers agreement to take annual
leave at any time within a period of 24 months from the date at which it falls
due.
16. Sick Leave
16.1 In every case of
illness or incapacity sustained by an employee whilst off duty, the following
conditions shall apply.
16.2 Such employee
shall, as soon as practicable, inform their immediate supervisor of such
inability to attend for duty and as far as possible, shall state the estimated
duration of their absence.
16.3 Subject to the
provisions of subclause 16.8, such employee shall forward to their immediate
supervisor, a medical certificate stating the nature of the illness or
incapacity and, if known, the date the employee is fit to resume duty. If a
medical certificate does not specify the date the employee is fit to resume
duty, the employee must, before being entitled to resume duty, furnish a
further medical certificate to the effect that the employee has recovered from
the illness or incapacity and is fit for duty, unless a person authorised by
the Commissioner dispenses with this requirement.
16.4 If so required,
such employee shall submit to an examination by, or arranged by, the
Department’s medical officer.
16.5 Every employee who
is absent from duty for a period of more than twenty-eight days will have their
case reviewed by the Department’s medical officer, or a medical officer
nominated by the Department, and must be certified by such medical officer as
fit for duty prior to being permitted to resume duty. An employee who is
required to attend the Department’s medical officer or nominated medical
officer shall be reimbursed any out of pocket expenses
reasonably and necessarily incurred. The Department shall meet the cost of any
such consultation.
16.6 The granting of
Sick Leave, the duration thereof and the pay, if any, for the same shall be on
the following basis:
16.6.1 One week paid sick
leave for each year of service, cumulative, less any paid Sick Leave taken, to
a maximum of twenty six weeks.
16.6.2 Sick Leave beyond
that provided for in subclause 16.6.1 shall be Sick Leave without pay.
16.6.3 Payment for Sick
Leave shall be calculated on the weekly average of the total amount paid by the
Department to the employee for the twelve months immediately prior to the date
on which leave is commenced excluding any periods of Special Leave Without Pay,
unpaid leave and/or suspension. For the
purposes of this subclause, "total amount" shall include all payments
made to the employee by the Department excluding the RTAS Allowance and
payments made as compensation or reimbursement for expenses (e.g.
payments for meals, accommodation and for kilometres travelled).
16.7 Where payment has
been made for sick leave, under this clause, to an employee whose sick leave
entitlement has already been exhausted, or whose right to sick leave is not
established, the Department may deduct the amount overpaid from any future
payments made to the employee concerned in accordance with the provisions of
subclause 6.13.
16.8 Employees
are entitled to take unsupported sick leave absences, where no medical
certificate is required, subject to the following provisions:
16.8.1 Such absences may
not exceed 3 separate days in any calendar year; and
16.8.2 Such absences may
not be taken on consecutive days; and
16.8.3 Such absences may
not be taken on public holidays; and
16.8.4 Such absences may
not be taken in relation to any matter that may be covered by workers’
compensation.
16a. Domestic and
Family Violence Leave
16a.1 The definition of
domestic violence is found in clause 4, Definitions of this Award;
16a.2 Employees experiencing
domestic violence are entitled to 10 days paid domestic and family violence
leave per calendar year (non-cumulative and able to be taken in part-days,
single days, or consecutive days). The leave is to be available for employees
experiencing domestic and family violence, for purposes including:
(i) seeking
safe accommodation;
(ii) attending
medical, legal police or counselling appointments relating to their experience
of domestic and family violence;
(iii) attending court
and other legal proceedings relating to their experience of domestic and family
violence;
(iv) organising
alternative care or education arrangements for their children; or
(v) other related
purposes approved by the employer.
16a.3 The leave
entitlement can be accessed without the need to exhaust other existing leave
entitlements first.
16a.4 When approving
leave, the Department needs to be satisfied, on reasonable grounds, that
domestic and family violence has occurred, and may require proof such as:
(i) an
agreed document issued by the Police Force, a court, a domestic violence
support service or a member of the legal profession;
(ii) a provisional, interim or final Apprehended Violence Order (AVO),
certificate of conviction or family law injunction; or
(iii) a medical
certificate.
16a.5 Part-time employees will be entitled to the leave on a
pro-rata basis
16a.6 Where the
entitlements provided by this clause have been exhausted, other available leave
entitlements provided for under this Award may be applied for by employees
experiencing domestic and family violence.
16a.7 Personal
information concerning domestic and family violence will be kept confidential
by the Department
16a.8 The
Department where appropriate, may facilitate flexible working arrangements subject
to operational requirements, including changes to working times and changes to
work location, telephone number and email address.
17. Special Leave for
Union Activities
17.1 Attendance at Union Conferences/Meetings
17.1.1 Employees who are
members of the Union and accredited by the Union as a delegate (including
persons who have been elected to office of the Union) are entitled to special
leave with pay to attend the following:
17.1.1.1 Annual
or bi-annual conferences of the Union.
17.1.1.2 Annual conferences of the United
Firefighters Union of Australia;
17.1.1.3 Meetings of the Union’s
Executive/Committee of Management;
17.1.1.4 Annual conference of Unions NSW;
17.1.1.5 Bi-annual conference of the Australian
Council of Trade Unions; and
17.1.1.6 Meetings of the Death and Disability
Board of directors.
17.1.2 While there is no
limit on special leave for Union activities, such leave is to be kept to a
minimum and is subject to the employee:
17.1.2.1 Establishing
accreditation as a delegate with the Union.
17.1.2.2 Providing
sufficient notice of absence to the Department.
17.1.2.3 Lodging
a formal application for special leave.
17.1.3 Such leave is also
subject to the Union:
17.1.3.1 Providing
documentary evidence to the Department about an accredited delegate in
sufficient time to enable the Department to make arrangements
for performance of duties.
17.1.3.2 Meeting
all travelling, accommodation and any other costs incurred for the accredited
delegate.
17.1.3.3 Providing
the Department with confirmation of attendance of the accredited delegate.
17.1.4 Providing the
provisions of this clause are satisfied by both the employee and the Union, the
Department shall:
17.1.4.1 Release
the accredited delegate for the duration of the conference or meeting.
17.1.4.2 Grant
special leave (with pay).
17.1.4.3 Ensure
that the duties of the absent delegate are performed in his/her absence, if
appropriate.
17.1.5 Period of Notice -
17.1.5.1 Generally,
dates of conferences or meetings are known well in advance
and it is expected that the Department would be notified as soon as
accreditation has been given to a delegate, or at least two weeks before the
date of attendance.
17.1.5.2 Where
extraordinary meetings are called at short notice, a shorter period of notice
would be acceptable, provided such notice is given to the Department as soon as
advice of the meeting is received by the accredited delegate.
17.1.6 Travel Time -
17.1.6.1 Where a
delegate has to travel to Sydney, inter or intra
State, to attend a conference or meeting, special leave will also apply to
reasonable travelling time to and from the venue of the conference or meeting.
17.1.7 Payment -
17.1.7.1 An
employee entitled to special leave in terms of this clause shall, for the period
of such special leave, be deemed to have attended any incident, drill or other
authorised duties which occurred at the employee’s Brigade during such leave, and be paid accordingly.
17.1.8 Special leave in
terms of this clause shall count as service for all purposes.
17.1.9 Availability of
Special Leave -
17.1.9.1 Special
leave shall not be available to employees whilst they are on any period of
other leave.
17.2 Attendance at Courses/Seminars Conducted or
Supported by Trade Union Education Foundation (TUEF).
17.2.1 Except where
inconsistent with the provisions of subclause 17.2, the provisions of subclause
17.1 of this clause shall also apply to attendance at courses or seminars
conducted or supported by TUEF.
17.2.2 Up to a maximum of
twelve days in any period of two years may be granted to employees who are
members of the Union.
17.2.3 The grant of leave
to attend courses or seminars conducted or supported by TUEF, is subject to the
following conditions:
17.2.3.1 Departmental
operating requirements permit the grant of leave and
the absence does not result in working of overtime by other employees.
17.2.3.2 Expenses
associated with attendance at such courses or seminars, 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 17.2.2,
special leave may include travelling time necessarily required to attend
courses or seminars.
17.2.3.3 Applications
for leave must be accompanied by a statement from the Union that it has
nominated the employee concerned for such a course or seminar and supports the
application.
17.3 Union officers
and staff
17.3.1 Employees who are
selected, by election or appointment, to hold a position of full
time employment with the Union or an honorary office on the Union’s
State Committee of Management may, upon request, have such dates and times as
were reasonably necessary for them to perform their Union duties excluded in
accordance with subclause 28.2 when determining their levels of attendance.
18. Court Attendance Entitlements
18.1 The provisions of this clause shall apply to
employees attending Court (which term shall include any related conferences) as
a:
18.1.1 Result of the
duties performed by the employee in the employee’s position with the
Department, including attendance at an incident.
18.1.2 Witness for the
Crown but not as a result of the duties performed by
the employee in the employee’s position with the Department.
18.1.3 Witness in a private capacity.
18.2 Attendance at Court as a
result of the duties performed by an employee in the employee’s position
with the Department, including attendance at an incident.
18.2.1 Such attendance
shall be regarded as attendance in an official capacity and uniform must be
worn.
18.2.2 Other than monies
paid as reimbursement for loss of income as an employee of the Department,
employees may retain all monies paid in connection with their attendance as a
witness.
18.2.3 In addition to any
monies to which an employee may be entitled pursuant to subclause 18.2.2,
employees shall be paid at the rate applicable to the employee’s classification,
from the time the employee is required to attend Court to the time on that day
that the employee is no longer required by the Court.
18.2.4 Travelling time
and travel expenses in excess of any compensation
therefor paid by the Court or other party shall be compensated in accordance
with clause 19, Travelling Compensation.
18.2.5 Where the employee
is recalled to duty to attend Court while on Annual or Long Service Leave, such
employee shall be recredited with a full days leave,
for each day or part thereof.
18.2.6 Where an employee
is subpoenaed to attend Court while on Sick Leave it is the responsibility of
the employee to ensure that the circumstances are communicated to the
Court. If the employee is still required
to and does attend Court, the sick leave debited for that period shall be
recredited and the entitlements provided for in subclauses 18.2.2, 18.2.3 and
18.2.4 shall apply.
18.3 Where an Employee Attends Court
18.3.1 As a Witness for
the Crown but not as a result of the duties performed
by the employee in the employee’s position with the Department; or as a witness
in a Private Capacity, (i.e., not subpoenaed by the Crown):
18.3.1.1 The
employee shall only be entitled to Special Leave Without Pay from the
Department to attend Court.
18.3.1.2 Any
claim for reimbursement of expenses, compensation for travelling time, lost
income etc. is to be made by the employee to the Court and/or the party issuing
the subpoena. The employee may retain
all monies paid as a consequence of such claims.
18.4 An employee who
attends jury duty is entitled to Special Leave Without Pay for the duration of the
jury duty if attending court affects their availability to turn out. This leave
is available whether or not the employee accepts jury
fees.
19. Training Course Attendance Entitlements
19.1 The provisions of this clause shall apply to
attendance at training programs (other than regular drills) delivered by, on
behalf of, or approved by the Department.
19.2 Accommodation
19.2.1 The Commissioner
(or delegate) shall approve appropriate accommodation for an employee,
if it can be demonstrated that an unreasonable amount of travelling time
and/or distance is involved when travelling to and from the employee’s
residence to the training venue.
19.2.2 Where Departmental
accommodation is not provided to an employee with an entitlement to
accommodation, the relevant accommodation provisions prescribed by clause 20,
Travelling Compensation, shall be paid.
19.2.3 Where it is not
possible for an employee to travel to the training venue on the first day of
the course or where the travelling time would be unreasonable to travel on the
first day of the course, the employee shall be entitled to appropriate
accommodation on the evening prior to the start of the course. If it is not
possible for an employee to travel from the training venue to his or her
residence at the conclusion of the course or if the travelling time would be
unreasonable, the employee shall be entitled to appropriate accommodation on
the evening of the last day of the course. Approval must be obtained from the
Commissioner (or delegate) prior to bookings being made.
19.2.4 Notwithstanding
the provisions of this subclause, any employee who considers that these
criteria would cause undue hardship etc. may make application for special
consideration. All such applications will be considered on their individual
merits according to the program content and the starting and completion times, on a daily basis.
19.3 Meals
19.3.1 All employees
attending training programs which extend for a whole day shall be provided with
morning/afternoon tea and lunch.
19.3.2 Where employees
have been granted approval for overnight accommodation and when such
accommodation is provided by the Department, expenses reasonably and properly
incurred shall be reimbursed in accordance with clause 20, Travelling
Compensation.
19.3.3 Employees who are
not required to accommodate themselves overnight shall, where appropriate, be
paid the relevant meal allowances prescribed by clause 20, Travelling
Compensation.
19.3.4 Meal allowances
are not payable during times at which an accommodation allowance (as prescribed
in subclause 19.2.2) has been paid. A component of the accommodation allowance
compensates for the costs associated with breakfast, lunch
and evening meals.
19.4 Incidentals
19.4.1 Employees who are provided
with Departmental accommodation shall be entitled to claim the appropriate
incidental allowance as prescribed by clause 20, Travelling Compensation.
19.4.2 The incidental
allowance cannot be claimed for any day during which an accommodation allowance
referred to in subclause 19.2.2, is paid. The incidental allowance forms a
component of the accommodation allowance and amongst other things, recognises
the cost associated with personal telephone calls, etc.
19.5 Travelling Time
19.5.1 Compensation shall
be in accordance with Clause 20, Travelling Compensation.
20. Travelling Compensation
20.1 Travelling Time - When an employee is
required to travel for purposes other than attending regular drills or
incidents, the employee may apply for payment, at the rate applicable to the
employees’ classification, for time spent travelling subject to the following:
20.1.1 Where the employee
has travelled overnight but has been provided with sleeping facilities, the
travelling time shall not include travel between 2300 hours on one day and 0730
hours on the next day.
20.1.2 Travelling time
does not include time spent taking a meal when the employee stops a journey to
take the meal.
20.1.3 Travelling time
shall be calculated by reference to the use of the most practical and economic
means of transport.
20.1.4 Payment will not
be made or allowed for more than eight hours in any period of twenty-four
hours.
20.1.5 Where an employee
is in receipt of the kilometre allowance prescribed at Entitlement Code “KM” of
Table 3 of Part B, such employee shall not be entitled to claim compensation
for travelling time.
20.2 Meal Allowances - When an employee is
required to perform official duty at a temporary work location, other than
attendance at incidents or regular drills, and is not required to reside away
from home (a one day journey), the employee shall be
eligible to be paid the following meal allowances, subject to the following
conditions:
20.2.1 For breakfast when
required to commence travel at/or before 0600 hours, the amount set at Item 1
of Table 5 of Part B.
20.2.2 For lunch when, by
reason of the journey, an employee is unable to take lunch at the place or in
the manner in which the employee ordinarily takes
lunch and is put to additional expense, the amount set at Item 2 of Table 5 of
Part B, or an amount equivalent to the additional expense, whichever is the
lesser.
20.2.3 For an evening meal
when required to work or travel until or beyond 1830 hours, an amount set at
Item 3 of Table 5 of Part B.
20.2.4 Meal Allowances
shall not be paid where the employee is provided with an adequate meal.
20.3 Accommodation Allowances - When an employee
is required to perform official duty at a temporary work location, other than
attendance at incidents or regular drills, which requires the employee to
reside away from home and the employee is not provided with accommodation by
the Government, the employee shall be eligible to be paid the following
accommodation (sustenance) allowances subject to the conditions set out below:
20.3.1 For the first thirty five calendar days, the appropriate amounts set at
Item 4 of Table 5 of Part B.
20.3.2 The actual
necessary expenses for meals and accommodation (actuals), together with
incidental expenses as appropriate, set at Item 5 of Table 5 of Part B. The necessary expenses do not include morning
and afternoon tea.
20.3.3 After the first thirty five calendar days and for up to six months an
employee shall be paid an allowance at the rate set at Item 6 of Table 5 of
Part B provided the allowance paid to an employee, temporarily located in
Broken Hill shall be increased by 20%. The allowance is not payable in respect
of:
20.3.3.1 Any
period during which the employee returns home on weekends or public holidays,
commencing with the time of arrival at the residence and ending at the time of
departure from the residence.
20.3.3.2 Any
other period during which the employee is absent from the temporary work
location (including leave) otherwise than on official duty, unless approved by
the Commissioner.
20.3.4 The capital city
rate shall apply to Sydney as bounded by the GSA.
20.3.5
20.3.5.1 Where
an employee proceeds directly to a temporary work location in a Capital city
and returns direct, the Capital city rate applies to the whole absence.
20.3.5.2 Where
an employee breaks the journey, other than for a meal, in a centre that is not
a Capital city, the Capital city rate applies only in respect of the time spent
in the Capital city, the elsewhere rate applies to the remainder of the
absence.
20.4 Incidental Expenses Allowances - Government
Provided Accommodation - When an employee is required to perform official duty
at a temporary work location which requires that the employee reside away from
home and is provided with accommodation by the Government, the employee shall
be eligible to be reimbursed expenses properly and reasonably incurred during
the time actually spent away from the employee’s residence in order to perform
that duty and in addition be paid an allowance at the rate set at Item 7 of
Table 5, of Part B as appropriate. Such expenses are limited to costs in relation
to food, laundry and accommodation that exceed what would normally have been
incurred at home. Any meal taken at a Government
establishment is to be paid for and appropriate reimbursement sought.
20.5 Additional Provisions
20.5.1 Unless specifically
provided for in Clause 19, Training Course Attendance Entitlements or Clause
18, Court Attendance Entitlements, the provisions of this clause shall not
apply in the circumstances provided for by those clauses.
20.5.2 When an employee
is required to travel to a temporary work location or to attend a training
course or conference on what would normally be regarded as a one
day journey and the total time of absence will exceed 13 hours, the
employee may be directed or may request that the employee reside temporarily at
a place other than the employee’s residence. In such cases, employees shall be
entitled to the accommodation allowances or reimbursement of expenses, as
appropriate.
20.5.3 The claim for an
accommodation allowance or reimbursement of expenses shall be for the whole of
the period of absence and cannot be dissected into part of the time of the
absence by way of allowance and part of the absence being compensated by
reimbursement.
20.5.4 When an employee
in receipt of an accommodation allowance is granted leave to return home from a
temporary work location, the employee shall be reimbursed for the cost of the
return rail fare or, if a first class rail service is
reasonably available, the cost of a first class return rail fare. No taxi fares
or other incidental expenses are payable.
20.5.5 Employees shall be
entitled, subject to Departmental approval, to use either their private vehicle
or public transport on the following basis:
20.5.5.1 Reimbursement
is not to be paid for a journey if an official motor vehicle is used for the
journey.
20.5.5.2 Where
employees are granted approval to use their private vehicles, such employees
shall receive the kilometre rate, set at Entitlement Code “KM” of Table 3 of
Part B, for the actual distance necessarily and reasonably travelled. Employees
in receipt of the rate set at Entitlement Code “KM” of Table 3 of Part B, shall
not be entitled to the provisions of subclause 20.1, Travelling Time.
20.5.5.3 Employees
who are required to utilise public transport shall be reimbursed the necessary
costs incurred.
20.5.5.4 The
Commissioner is to consider the convenience of the employee when an employee is
required to travel to a temporary work location.
20.5.5.5 Unless
special circumstances exist, the employee’s work, the mode of transport used and the employee’s travel itineraries are to be
organised and approved in advance so that compensation for travel time and
payment of allowances is reasonably minimised.
20.5.6 Where a meal
allowance or an accommodation allowance is insufficient to adequately reimburse
the employee for expenses properly and reasonably incurred, a further amount
may be paid so as to reimburse the employee for the
additional expenses incurred, subject to the following:
20.5.6.1 The
Commissioner may require the production of receipts or other proof that
expenditure was incurred.
20.5.6.2 If any
expense in respect of which an allowance is payable was not properly and
reasonably incurred by the employee in the performance of official duties,
payment of the allowance may be refused or the amount
of the allowance may be reduced.
20.5.6.3 If any
purported expense was not incurred by the employee, payment of the allowance
may be refused or the amount of the allowance may be
reduced.
20.6 Claims - Claims should be submitted
promptly, i.e., within one month from the completion of the work or within such
time as the Commissioner determines.
20.6.1 The Commissioner
may approve applications for advance payments of travelling and sustenance allowances.
Such applications should detail the appropriate expenditure anticipated and be
in accordance with In Orders 1982/34.
20.6.2 In assessing
claims for travelling time and payment of allowances, reference should be made
to the time that might reasonably have been taken by the particular
mode of transport used. Provided that where an employee can demonstrate
that the use of the means of transport proposed by the Department is
unreasonable in the circumstances, the employee may apply to the Commissioner
for a review of the Department’s decision. Where an employee does not wish to
use the means of transport proposed by the Department, 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.
20.6.3 Where an allowance
is payable at a daily rate and a claim is made for a portion of the day, the
amount to be paid is to be calculated to the nearest half hour.
20.7 The amounts set at Items 1 to 7 in Table 5
of Part B, shall be adjusted on 1 July in line with the corresponding
reasonable allowance amounts for the appropriate financial year as published by
the Australian Taxation Office (ATO).
21. Transfers
21.1 Subject to satisfactory attendance and
service and the employee meeting Departmental residential guidelines, an
employee may apply for a transfer from one Retained Brigade to another Retained
Brigade.
21.2 In the event that the station to which the
transfer is sought does not have a vacancy, the Department may appoint such
employee as a supernumerary. Where an
employee is not appointed as a supernumerary, such employee shall be placed on
an eligibility list for appointment at the station when a vacancy arises.
21.3 Where a transfer does not result in a break
in service, the employee’s service shall be regarded as continuous.
21.4 Any employee transferred from one Retained
Brigade to another Retained Brigade shall not be entitled to compensation or
reimbursement of expenses in relation to that transfer.
21.5 When an employee is
transferred to a new brigade, the employee’s seniority in the new brigade will
be determined as if that employee had always been with the new brigade, that
is, by length of continuous service with FRNSW.
21.6 Employees holding the rank
of Captain or Deputy Captain must relinquish that rank before they transfer,
whereupon they will be placed in the new brigade in accordance with subclause
21.5.
22. Procedures Regarding Reports and Charges
22.1 When an employee is summoned to appear
before the employee’s Senior Officer or before the Department on a charge,
appeal or formal inquiry, the employee shall be given particulars in writing of
the charge or allegation, if any, against the employee, at least 48 hours
before the hearing of the charge or appeal or the opening of the said inquiry.
The employee shall be allowed access personally or by a representative duly
authorised in writing by the employee, to all or any of the official papers,
correspondence or reports of the Department relating to the charge, appeal, or
subject of the said inquiry.
22.2 The employee also shall be allowed to give
and to call evidence on the employee’s own behalf and to hear review all
evidence given.
22.3 If an employee so requests, the employee may
be represented by an officer of the Union before the employee’s Senior Officer
or the Department on all such occasions.
22.5 Where the Department has for its own
purposes, arranged for a transcript to be taken of proceedings on a charge,
appeal or formal inquiry, a copy of such transcript shall be supplied free of
cost to the employee concerned if, during the hearing or at the termination of
the proceedings, a request therefor, in writing, is made by the employee.
22.6 After the Senior Officer has announced the
recommendation or when the Department has made its decision as the result of a
charge or an appeal, the employee concerned shall be informed thereof, in
writing, within seven days after such announcement or decision has been made or
has been given, as the case may be.
22.7 For the purposes of this clause “Senior
Officer” means the employee’s Senior Officer or an Officer of a higher rank.
23. Acknowledgment of Applications and Reports
23.1 When an employee makes an application or a
report in writing to the proper officer, the employee shall be sent a
memorandum or email acknowledging its receipt and noting the matter contained
therein.
23.2 The result of an application shall be
communicated to the employee no later than fourteen days after a decision has
been reached. In cases where no decision has been reached within one month, the
reason for the delay shall be communicated in writing, by memorandum or email,
to the employee.
23.3 The provisions of this clause shall not
apply in cases where other procedures are specifically stipulated (e.g. in Standing Orders or Commissioners Orders).
24. Training and Staff Development
24.1 The parties
confirm their commitment to training and staff development for employees of the
Department.
24.2 Employees covered
by this Award shall be required to complete appropriate training to improve the
productivity and efficiency of the Department’s operations.
24.3 Employees shall
be required to complete training in accordance with competency requirements as
determined by the Commissioner.
24.4 An employee may
be directed to carry out any duties appropriate to the employee’s classification
that are within the employee’s level of skill, competence
and training, provided that such direction does not promote deskilling.
24.5 Training Review
Committee (TRC)
24.5.1 The TRC shall
provide advice to the Commissioner on an effective and equitable system of
training in Fire and Rescue NSW using the principles of Competency Based
Training.
24.5.2 The structure of
the TRC will consist of 3 representatives of the Department and 3
representatives of the Union.
24.5.3 The Chairperson of
the Committee will alternate every 12 months between a nominee of the
Department and the Union.
24.5.4 The role of the
TRC will include (but not be limited to):
24.5.4.1 advising
the Commissioner on the further development of training throughout Fire and
Rescue NSW;
24.5.4.2 overseeing
the implementation of a Competency Based Training regime throughout Fire and
Rescue NSW;
24.5.4.3 considering
Recognised Prior Learning (RPL) policy generally and in
particular, it will consider individual applications for RPL.
24.5.5 Procedure
24.5.5.1 The TRC
will meet at least once every four weeks, or as otherwise agreed between the
parties.
24.5.5.2 Members
of the TRC shall be released from day to day
operations, except in the event of an incident or other emergency
circumstances, for the purposes of fulfilling the above roles.
24.5.5.3 The TRC
will be adequately resourced by the Department so that it can effectively
fulfil the above roles.
24.5.6 The Commissioner is
not bound to accept the advice of the TRC and may act independently of the TRC
to implement changes to training within Fire and Rescue NSW provided
that notice of any such decision to implement change is notified in
accordance with clause 27.6, in which case clauses 27.7 to 27.9 inclusive shall
apply.
25. Protective Clothing and Uniforms
25.1 For the purpose of this Clause:
25.1.1 “Personal
Protective Equipment” means external clothing designed for personal protection
at an incident.
25.1.2 “Duty Wear” means
duty wear trousers and duty wear shirt.
25.1.3 “Dress Uniform” is
limited to Dress Trousers, Slacks, Culottes, Skirts, Galatea
and Pullover.
25.2 The Department shall supply to all employees
two sets of appropriate Personal Protective Equipment and Duty Wear which shall
meet relevant National and/or International Standards, or as otherwise agreed
to with the Union.
25.3 Employees supplied with the above clothing
shall wear it in accordance with Departmental instructions.
25.4 The provision of wet weather gear shall be
in accordance with existing practice.
25.5 Where any Personal Protective Equipment or
Duty Wear is supplied by the Department and is required to be worn by its
employees, and such Personal Protective Equipment or Duty Wear becomes soiled
or damaged in the execution of duty as to require cleaning or repairs, such
cleaning or repairs shall be done at the expense of the Department. Provided
that the above Dress Uniform items shall also be cleaned or repaired at the
expense of the Department.
25.6 When an employee retires, resigns
or is terminated, the Personal Protective Equipment issued to that employee
shall be returned to the station to which the employee was attached. As much of
that returned Personal Protective Equipment shall be retained at the station as
is necessary to maintain an emergency supply of spare Personal Protective
Equipment, provided that only properly fitting, cleaned and treated structure
coats and overtrousers may be re-issued to another
employee and further, that all new employees will be supplied with at least one
new complete set of PPE regardless.
26. Disputes Avoidance Procedures
26.1 Subject to the provisions of the Industrial
Relations Act 1996, and Clause 27.2, and to enable claims, issues and disputes to be resolved while work proceeds
normally, the following procedures are to apply.
26.2 Employee(s) and/or Union representatives
will place the matter before the immediate supervisor. The immediate supervisor
will take all reasonable steps to reply to the employee(s) and/or Union
representatives as soon as possible, and will at least
provide a progress report before the close of ordinary business on the next
working day.
26.3 Failing agreement, employee(s) and/or Union
representatives will place the claim, issue or dispute
before the next higher officer in charge of the relevant zone or region. That
officer will take all reasonable steps to reply to the employee(s) and/or Union
representatives as soon as possible, and will at least
provide a progress report before the close of ordinary business on the next
working day.
26.4 Failing agreement, employee(s) and/or Union
representatives will place the claim, issue or dispute
before the Director Human Resources. The Director Human Resources will take all
reasonable steps to reply to the employee(s) and/or Union representatives as soon as possible, and will at least provide a progress
report before the close of ordinary business on the next working day.
26.5 Failing agreement, employee(s) and/or Union
representatives will place the claim, issue or dispute
before the Commissioner. The claim, issue or dispute and all relevant
circumstances relating to it will be fully reviewed by the Commissioner and the
Union and all reasonable steps shall be taken in an attempt
to resolve the matter.
26.6 No action is to be taken by the Union which
would affect the Department’s operations whilst a dispute is under
investigation.
26.7 Failing agreement the claim, issue or
dispute may be referred to the appropriate Industrial Tribunal.
27. Organisational Change under subclause 27.2
27.1 This clause
recognises the capacity of the Commissioner to make decisions to effect change
within the Department.
27.2
27.2.1 This clause applies to consultation and
decisions regarding clause 24 (Training and Staff Development) and clause 30
(Alcohol and Other Drugs), to the exclusion of the procedures under clause 26.
27.2.2 This clause also applies in circumstances where
the Commissioner decides to amend, revoke or replace
the Procedural Guidelines specified in Part 4 of the Fire Brigades Regulation
2014.
27.2.3 This clause also applies to any proposal by the
Department which will result in, or is likely to result in, a substantial and
ongoing reduction in the work collectively available to a brigade’s employees.
27.3 Prior to making any decision to effect
change under the specified clauses the Commissioner must consult with the
Union.
27.4 Consultation will commence with a written
notification to the Union regarding the proposed change(s). Thereafter there
will be a reasonable opportunity for the Union to present its views in relation
to the proposed changes.
27.5 If, during the consultation process, there
is a reasonable basis for the Commissioner to conclude that the consultation
process has been exhausted, the Commissioner shall advise the Union accordingly
and the following procedures shall then operate.
27.6 The Commissioner will notify the Union and
the workforce affected by the proposed change of his/her decision in relation
to the subject of the proposed change as well as the process and timetable for
its implementation.
27.7 If the matter remains in dispute and is
referred by the Union to the Industrial Relations Commission within 7 days of
the notification of the decision under clause 27.6, there will be no
implementation of the change for a further 14 days from the date of
notification, subject to any orders of the Industrial Relations Commission.
27.8 The Union and the Commissioner shall be
bound by any order or determination of the Industrial Relations Commission in
relation to the dispute.
27.9 If Industrial action is engaged in at any
stage in the operation of the process under this clause, then the prohibition
on implementation under clause 27.7 ceases to operate.
28. Attendance and Availability Requirements
28.1 The following attendance guidelines shall
apply to employees covered by this Award:
28.1.1 Attendance at
Incidents -
28.1.1.1 Employees
are required to attend a minimum of 33% of all calls received by the employee’s
brigade in any six month period.
28.1.1.2 Employees
are also required to attend a minimum of 80% of all calls received by the
employee’s brigade during periods of compulsory availability in any four week period.
28.1.2 Attendance at
Drills - Employees are required to attend a minimum of 75% of all regular
drills conducted at their brigade in any six month
period.
28.2 Any calls received
or drills conducted during a period of approved leave or authorised absence
will not be included as part of any relevant minimum levels as outlined in
subclause 28.1. In effect, attendance percentages will be paused completely
during any period of approved leave or authorised absence.
28.3 In cases where an employee’s attendance
falls below the requirements prescribed by subclause 28.1, the employee’s Area
Commander shall notify the employee in writing of such deficiency and inform
the employee that his/her attendance will be monitored over the next 3 months.
If the employee’s attendance does not meet the required levels pursuant to
subclause 28.1.1 for that 3 month period then
disciplinary action may be initiated.
28.4 Employees who have been notified in terms of
subclause 28.3 may make application to the Commissioner for special
consideration.
28.5 The attendance requirements referred to in subclause
28.1 may be altered by agreement between the Department and the Union.
28.6 Compulsory
Availability
28.6.1 Employees are
required to declare a minimum number of hours during which they will be
available to respond over the course of the coming week, and the days and times
upon which this declared availability will apply. The minimum number of hours
required of each employee shall be known as compulsory availability,
and shall be determined by their current Retainer as provided at
subclause 6.3.1.1.
28.6.2 Subject to
subclauses 28.6.3 and 28.6.4, the day(s) and time(s) of any period(s) of
compulsory availability shall be determined by the firefighter in consultation
with their Captain and the other employees attached to their brigade and
confirmed by each employee using an agreed system or, if the Department and
Union are not agreed, a system determined by the Industrial Relations
Commission.
28.6.3 Employees
who have not declared their compulsory availability for the requisite number of
hours for the week commencing 0001 hours Friday by 1800 hours on the Wednesday
immediately beforehand may be allocated the day(s) and time(s) of their
period(s) of compulsory availability for the coming week by the Duty Commander
in consultation, if practicable, with the brigade’s Captain, provided
that an employee on the Standard Retainer cannot be assigned to a Weekday
Retainer period without their consent.
28.6.4 If by 1800
hours on the Wednesday it is found that a surplus number of employees have
declared their availability for a particular period then the Duty Commander may
select the surplus employee(s) and allocate alternate day(s) and time(s) of
compulsory availability for the employee(s) in consultation, if practicable,
with them and the brigade’s Captain, provided that an employee on the
Standard Retainer may not be reassigned to a Weekday Retainer period
without their consent.
28.6.5 The
surplus number of employees referred to in subclause 28.6.4 shall be determined
by reference to the following table:
Minimum number of employees required to maintain safe and effective
staffing
|
Surplus number of employees for the purpose of subclause 28.6.4
|
2
|
3 or more
|
4
|
6 or more
|
6
|
8 or more
|
8
|
10 or more
|
28.6.6 An employee
who has declared a particular day(s), time(s) and/or period(s) of availability
for the coming week may subsequently arrange a mutual exchange with another
employee provided that the minimum number of hours required of the
employee by subclause 28.6.1 will still be met and further, that the
exchange receives the prior approval of the brigade’s Captain or Deputy
Captain.
28.6.7 An
employee who has been allocated a particular day(s), time(s) and/or period(s)
of availability for the coming week pursuant to subclause 28.6.3 may apply to
have such day(s), time(s) and/or period(s) varied, either in whole or in part,
by written application to the Duty Commander, but must maintain that allocated
availability unless and until advised otherwise by the Duty Commander.
29. Attendance at
Major Emergencies
29.1 The provisions of this clause shall apply to
those employees who attend a Major Emergency which has, following specification
as such by the Commissioner, been deemed to attract such entitlements.
29.2 Travel Entitlements
29.2.1 Employees who are
required to collect their firefighting uniform from the station shall be paid
in accordance with subclause 9.1.1.1.
29.2.2 Employees who are
required to use their private vehicle to attend the incident or a “pick up
point” that is not at their station, shall be paid at the rate prescribed at
Entitlement Code “KM” of Table 3 of Part B, for the return distance from the
station to the incident or pick up point.
29.2.3 Employees who are provided
with transport for any part of the forward and return journeys between their
residence and the incident shall be entitled to be paid travelling time at the
appropriate rate of pay for the employee’s classification for the time spent
travelling, provided that:
29.2.3.1 Travelling
Time shall not be paid for any part of a journey where the employee received
payment under subclauses 29.2.1 or 29.2.2 of this Award; and
29.2.3.2 Travelling
Time for the forward journey shall be calculated as being the total time
between departure from the station or pick up point to arrival at the incident;
and
29.2.3.3 Travelling
Time for the return journey shall be calculated as being the total time between
departure from the incident to arrival at the pick up point or station.
29.3 Accommodation Entitlements
29.3.1 Employees who
reside further than 50 kilometres from the scene of the major emergency shall
be entitled to be provided with appropriate accommodation where their
attendance at the emergency extends beyond a single day or in such cases where
it would be unreasonable to travel at the conclusion of duty.
29.3.2 Notwithstanding
the provisions of subclause 29.3.1, the Commissioner may grant approval to
provide appropriate accommodation to employees who reside within 50 kilometres
of the scene of a major emergency.
29.3.3 Employees who are
provided with accommodation shall be entitled to claim the incidental allowance
prescribed at Item 7 of Table 5 of Part B, for each day of attendance.
29.3.4 Employees who have
an entitlement to accommodation but are not provided with appropriate
accommodation shall be entitled to claim an accommodation allowance in
accordance with subclause 20.3.
29.4 Meals
29.4.1 Employees shall be
provided with substantial meals for breakfast, lunch
and dinner throughout the period of attendance at a major emergency.
29.4.2 Where meals are
not provided to employees in accordance with subclause 29.4.1, an allowance set
at Entitlement Code “MA” of Table 3 of Part B shall be paid.
29.4.3 Where employees
are required to work between the meals provided for in subclause 29.4.1, such
employees shall be entitled to the refreshments and meals prescribed by
subclause 8.1.
29.5 Payment for time spent in Attendance
29.5.1 Where an employee’s
period of attendance at a major emergency is less than 48 hours, such employee
shall be paid at the appropriate rate of pay for the employee’s classification
for the entire period of attendance.
29.5.2 Where an
employee’s period of attendance at a major emergency is greater than 48 hours,
such employee shall be paid at the appropriate rate of pay for the employee’s
classification for the following periods:
29.5.2.1 on the
day of departure from the employees’ residence, the period from the time of
departure to 2400 Hrs; and
29.5.2.2 on the
day of arrival at the employees’ residence following attendance at the major
emergency, the period from 0000 Hrs to the time of arrival; and
29.5.2.3 for the
period between the day of departure to and the day of return from attendance at
a major emergency, all time less any periods of down time, provided
that employees will receive payment of a minimum of 16 hours per day.
29.5.3 For the purposes
of this subclause the “period of attendance at a major emergency” shall mean
the entire period from the time of departure from the employee’s residence
until the time of return to the employee’s residence following attendance at
the emergency.
29.5.4 For the purposes
of this subclause “periods of down time” shall mean periods of not less than 8
consecutive hours where employees are neither performing operational duties nor
on stand by to perform such
duties.
30. Alcohol and Other Drugs
30.1 The joint Protocol on Drug and Alcohol
Safety and Rehabilitation in the Workplace, signed by the Department and the
Union on 18 March 1998, shall apply to all employees covered by this Award
until 4 September 2013, when it will be replaced by the FRNSW Alcohol and Other
Drugs Policy and associated FRNSW Alcohol and Other Drugs Testing Procedures
which shall thereafter then apply to all employees covered by this Award.
30.2 The Department may develop a new Protocol,
or revised policy or procedures following consultation between the Department
and the Union.
31. Salary Packaging Arrangements, Including
Salary Sacrifice to Superannuation
31.1 The entitlement to salary package in
accordance with this clause is available to permanent part-time employees.
31.2 For the purposes of this clause:
31.2.1 “salary” means the
salary or rate of pay prescribed for the employee’s classification by clause 6,
Rates of Pay and Allowances, Part B, of this Award, and any other payment that
can be salary packaged in accordance with Australian taxation law.
31.2.2 “post compulsory
deduction salary” means the amount of salary available to be packaged after
payroll deductions required by legislation or order have been taken into account. Such payroll deductions may include, but
are not limited to, taxes, compulsory superannuation payments, HECS payments,
child support payments, and judgement debtor/garnishee orders.
31.3 By mutual agreement with the Commissioner,
an employee may elect to package a part or all of
their post compulsory deduction salary in order to obtain:
31.3.1 a benefit or
benefits selected from those approved by the Industrial Relations Secretary;
and
31.3.2 an amount equal to
the difference between the employee’s salary, and the amount specified by the
Industrial Relations Secretary for the benefit provided to or in respect of the
employee in accordance with such agreement.
31.4 An election to salary package must be made
prior to the commencement of the period of service to which the earnings
relate.
31.5 The agreement shall be known as a Salary
Packaging Agreement.
31.6 Except in accordance with subclause 31.7, a
Salary Packaging Agreement shall be recorded in writing and shall be for a period of time as mutually agreed between the employee and
the Commissioner at the time of signing the Salary Packaging Agreement.
31.7 Where an employee makes an election to
sacrifice a part or all of their post compulsory
deduction salary as additional employer superannuation contributions, the
employee may elect to have the amount sacrificed:
31.7.1 paid into the
superannuation fund established under the First State Superannuation Act 1992;
or
31.7.2 where the
Department is making compulsory employer superannuation contributions to
another complying superannuation fund, paid into the same complying fund; or
31.7.3 subject to the Department’s
agreement, paid into another complying superannuation fund.
31.8 Where the employee makes an election to
salary sacrifice, the Department shall pay the amount of post compulsory
deduction salary, the subject of election, to the relevant superannuation fund.
31.9 Where the employee makes an election to
salary package and where the employee is a member of a superannuation scheme
established under the:
31.9.1 Police
Regulation (Superannuation) Act 1906;
31.9.2 Superannuation
Act 1916;
31.9.3 State
Authorities Superannuation Act 1987; or
31.9.4 State
Authorities Non-contributory Superannuation Act 1987,
the Department
must ensure that the employee’s superable salary for the purposes of the above
Acts, as notified to the SAS Trustee Corporation, is calculated as if the
Salary Packaging Agreement had not been entered into.
31.10 Where the employee makes an election to salary
package, and where the employee is a member of a superannuation fund other than
a fund established under legislation listed in subclause 31.9 of this clause,
the Department must continue to base contributions to that fund on the salary
payable as if the Salary Packaging Agreement had not been entered
into. This clause applies even though the superannuation contributions
made by the Department may be in excess of
superannuation guarantee requirements after the salary packaging is
implemented.
31.11 Where the employee makes an election to salary
package:
31.11.1 subject
to Australian Taxation law, the amount of salary packaged will reduce the
salary subject to appropriate PAYG taxation deductions by the amount packaged;
and
31.11.2 any
allowance, penalty rate, payment for unused leave entitlements, weekly worker’s
compensation or other payment, other than any payments for leave taken in
service, to which an employee is entitled under this Award or any applicable
Award, Act or statute which is expressed to be determined by reference to the
employee’s rate of pay, shall be calculated by reference to the rate of pay
which would have applied to the employee under clause 6, Rates of Pay and
Allowances, or Part B of this Award if the Salary Packaging Agreement had not
been entered into.
31.12 The Industrial
Relations Secretary may vary the range and type of benefits available from time to time following discussion with the Union. Such variations shall apply to any existing
or future Salary Packaging Agreement from date of such variation.
31.13 The Industrial
Relations Secretary will determine from time to time the value of the benefits
provided following discussion with the Union.
Such variations shall apply to any existing or future Salary Packaging
Agreement from the date of such variation.
In this circumstance, the employee may elect to terminate the Salary
Packaging Agreement.
32. Employees’ Duties
32.1 An employee may be directed to carry out
duties which are within the limits of his or her skills, competence, and training,
in such a manner, as may be required by the Department, provided that:
32.1.1 the
direction is reasonable, and
32.1.2 the
direction is not otherwise inconsistent with a provision of this Award.
32.2 Any direction issued by the Department pursuant
to subclause 32.1 shall be consistent with:
32.2.1 the
provision of a safe and health working environment,
32.2.2 ensuring
that the Department responds to relevant technological changes and changes in
its operating environment in a timely and effective manner.
32.3 The parties to
this Award shall work collaboratively to ensure the effective and reasonable
operation of this clause.
33.
Anti-Discrimination
33.1 It is the intention of the parties bound by
this Award to seek to achieve the object in 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This
includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity, age
and responsibilities as a carer.
33.2 It follows that in fulfilling their
obligations under the Disputes Avoidance Procedures prescribed by Clause 26,
the parties have obligations to take all reasonable steps to ensure that the
operation of the provisions of this Award are not directly or indirectly
discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the Award which, by its terms or operation, has a direct or indirect
discriminatory effect.
33.3 Under the Anti-Discrimination Act 1977,
it is unlawful to victimise an employee because the employee has made or may
make or has been involved in a complaint of unlawful discrimination or
harassment.
33.4 Nothing in this Clause is taken to affect:
33.4.1 any conduct or act
which is specifically exempted from anti-discrimination legislation;
33.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
33.4.3 any act or practice
of a body established to propagate religion which is exempted under section
56(d) of the Anti-Discrimination Act 1977;
33.4.4 a party to this
Award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
33.5 This
Clause does not create legal rights or obligations in addition to those imposed
upon the parties by legislation referred to in this Clause.
34. No Extra Claims
34.1 The
parties agree that, during the term of this award, there will be no extra wage
claims, claims for improved conditions of employment or demands made with
respect to the employees covered by the award and, further, that no
proceedings, claims or demands concerning wages or conditions of employment
with respect to those employees will be instituted before the Industrial
Relations Commission or any other industrial tribunal.
34.2 The
terms of subclause 34.1 do not prevent the parties from taking any proceedings
with respect to the interpretation, application or
enforcement of existing award provisions.
35. Area, Incidence
and Duration
35.1 This Award rescinds and replaces the Crown
Employees (Fire and Rescue NSW Retained Firefighting Staff) Award 2021
published 29 October 2021 (390 I.G. 910).
35.2 This Award shall take effect on and from 26
February 2022 and shall remain in force until 25 February 2023.
PART B
MONETARY RATES
The following retainers, rates of pay and allowances are
effective on and from the dates shown.
Table 1 – Retainers
Clause
|
Retainers per fortnight
|
Retainer Level
|
Code
|
26
February 2022
$
|
6.3
|
Firefighters (all)
|
Base
|
A
|
75.27
|
50%
|
B
|
150.55
|
75%
|
C
|
225.82
|
100%
|
D
|
301.09
|
Deputy
Captains (all)
|
Base
|
E
|
125.46
|
50%
|
F
|
167.28
|
75%
|
G
|
250.91
|
100%
|
H
|
334.55
|
Captains (all)
|
Base
|
I
|
140.51
|
50%
|
J
|
187.37
|
75%
|
K
|
281.03
|
100%
|
L
|
374.70
|
Table 2 – Rates of Pay
Clause
|
Description
|
Code
|
26
February 2022
$
|
6.3
|
Recruit Firefighter
|
1st hour
|
M
|
31..87
|
Each further ½ hour or part
|
N
|
15.94
|
Firefighter
|
1st hour
|
O
|
35.86
|
Each
further ½ hour or part
|
P
|
17.93
|
CFR Firefighter
|
1st hour
|
Q
|
38.37
|
Each further ½ hour or part
|
R
|
19.19
|
Deputy
Captain
|
1st hour
|
S
|
39.84
|
Each
further ½ hour or part
|
T
|
19.92
|
CFR Deputy Captain
|
1st hour
|
U
|
42.63
|
Each further ½ hour or part
|
V
|
21.32
|
Captain
|
1st hour
|
W
|
44.62
|
Each
further ½ hour or part
|
X
|
22.31
|
CFR Captain
|
1st hour
|
Y
|
47.74
|
Each further ½ hour or part
|
Z
|
23.87
|
6.7.1
|
Relief
Duties,
all
ranks
|
1st three hours
|
RD3
|
200.32
|
Each further
hour
|
RDH
|
80.14
|
6.8.1
|
Royal Easter Show
|
Firefighters (all) per hour
|
RASF
|
55.45
|
Deputy Captains (all) per hour
|
RASDC
|
59.43
|
Captains (all)
per hour
|
RASC
|
64.21
|
Table 3 - Allowances
Clause
|
Description
|
Code
|
26
February 2022
$
|
6.8a.1
|
ComSafe duties
|
per
hour
|
85.05
|
6.9
|
RTAAS Allowance
|
per fortnight
|
RTAS
|
16.85
|
6.7.3, 9 (all), 20.5.5, 29.2
|
Kilometre Allowance
|
per kilometre
|
KM
|
1.37
|
8.2.2, 8.3.1,
29.4.2
|
Meal Allowance
|
per meal
|
MA
|
33.25
|
8.2.1, 8.3.1
|
Refreshment Allowance
|
per meal
|
RA
|
$16.65
$16.00
|
Note 1: The amounts marked (#) are subject to adjustment on
1 July each year in accordance with subclause 8.3.
Table 4 - Authorised Duties
Attendance at:
1.
Bushfire
Management Committee Meetings
2.
Local/District
Emergency Management Committee Meetings
3.
Local
Government Meetings
4.
Zone/Regional
conferences and information days
5.
Other
such meetings as authorised by the Department.
Completion of Fire
Reports where insufficient time available at the conclusion of calls
Testing of Fire
Alarms
Attendance at
station to enable service and maintenance work to be carried out
Station
maintenance (i.e. lawn mowing, cleaning, BA and
equipment checks)
Performance of
Engine Keeper duties
Transporting FRNSW
equipment in private vehicle
Restowing of
Firefighter vehicles
Hose Repairs
Transporting a
Firefighting Vehicle for servicing and/or repairs from the Station to another
location
Recharging of BA
cylinders
Participation in
selection committees
Attendance at PR
activities (i.e. open days, fetes, career markets,
information displays, etc.)
Attendance at
Public Education activities (i.e. sessions in
schools/community groups, smoke alarm campaigns)
Participation in
joint training sessions/exercises with other emergency services
Attendance at
training exercises/schools additional to the regular drill program
Hydrant
Inspections
Pre-incident
planning exercises
|
Table 5 - Travelling Compensation Allowances
Item
No.
|
Clause No.
|
Description
|
Unit
|
On and from 1 July 2022
|
1
|
20.2.1
|
Breakfast
|
Per meal
|
##
$29.90
|
^^
$26.15
|
2
|
20.2.2
|
Lunch
|
Per meal
|
##
$33.65
|
^^
$30.60
|
3
|
20.2.3
|
Dinner
|
Per meal
|
##
$57.30
|
^^
$52.75
|
4
|
20.3.1
|
Accommodation
first 35 days (includes all meals)
|
Per day
|
|
- Capital Cities
|
$340.15 Sydney
$299.15
Adelaide
$317.15 Brisbane
$310.15 Canberra
$362.15
Darwin
$289.15
Hobart
$315.15 Melbourne
$322.15 Perth
|
- High Cost Country Centres
|
$289.15
Armidale
$283.15
Bathurst
$287.15
Bega
$307.15 Bourke
$294.15
Broken Hill
$286.15
Cobar
$290.15
Coffs Harbour
$290.15
Dubbo
$287.15
Gosford
$280.15
Griffith
$286.15
Lismore
$306.15 Mudgee
$299.15 Muswellbrook
$327.15
Newcastle
$332.15
Norfolk Island
$289.15
Nowra
$318.15
Orange
$312.15Port
Macquarie
$281.15
Queanbeyan
$296.15Wagga Wagga
$300.15Wollongong
|
Tier 2 Country Centres
- Other Country
Centres
|
$265.45 Albury
$265.45Cooma
$265.45
Cowra
$265.45Goulburn
$265.45
Grafton
$265.45Gunnedah
$265.45 Inverell
$265.45
Narrabri
$265.45Tamworth
$265.45
Taree
$265.45Tumut
$249.45
|
5
|
20.3.2 &
29.3.3
|
Actual Necessary Expenses - all locations
|
Per day
|
$21.30
|
6
|
20.3.3
|
Accommodation –
after first 35
days and up to 6 months
|
Per day
|
50% of the
appropriate
location rate
|
7
|
20.4
|
Incidental
Expenses
|
Per day
|
$21.30
|
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.
C. MUIR Commissioner
____________________
Printed by
the authority of the Industrial Registrar.