Crown
Employees (New South Wales Fire Brigades - (Maintenance, Construction and
Miscellaneous Staff) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1717 of 2007)
|
Before Commissioner
Stanton
|
30 November 2007
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REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Definitions
2. Hours
3. Payment
of Wages
4. Rates of
Pay
5. Parties
Bound
6. Additional
Wage Rates
7. Leading
Hands
8. Trade
Employees Working Together
9. Tool
Allowance
10. Fire
Equipment Allowance
11. Special
Rates
12. Maintenance
of Existing Service and Personal Allowances
13. Overtime
and Penalty Rates
14. Meal
Allowance
15. Travelling
Time and Fares
16. Travelling
Expenses
17. Annual
Leave
18. Annual
Leave Loading
19. Holidays
20. Long
Service Leave
21. Sick Leave
22. Bereavement
Leave
23. Clothing
24. Insurance
of Tools
25. Procedure
on Change
26. Higher
Grade of Pay
27. Chokages
28. Anti-Discrimination
29. Terms of
Employment
30. Dispute
Resolution Procedure
31. Personal/Carer's
Leave - August 1996
32. Maternity
Leave
33. Parental
Leave
34. Adoption
Leave
35. Family and
Community Service Leave
36. Trade
Union Leave
37. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates and Allowances
PART A
1. Definitions
"NSWFB" or "Employer" means the New
South Wales Fire Brigades.
"Discharge" means termination of service with the
NSWFB as a consequence of retrenchment, reorganisation or shortage of work or
other reason for which the employer may not be entirely responsible.
"Dismissed" means termination of service with the
NSWFB for inefficiency, neglect of duty, or misconduct.
"Headquarters" means any office, workshop, store,
depot, or other place of employment at which an employee is regularly required
to work or from which the employee's work is directly controlled and to which
the employee has been attached.
"Resignation" means voluntarily leaving the
service of the NSWFB.
"Employee" means all persons who are permanently
or temporarily employed under the Public Sector Employment and Management
Act 2002 and who, as at the operative date of this award, occupy one of the
positions covered by the New South Wales Fire Brigades Maintenance and
Miscellaneous Staff Enterprise Agreement 2007, or who, after that date, are
appointed to or employed in one of such positions.
2. Hours
(i) The ordinary
working hours of employees shall not exceed 38 hours per week, to be worked not
exceeding 8 hours per day, as determined by the NSWFB.
(ii) The ordinary
working hours of cleaners shall not exceed 35 hours per week, to be worked in
shifts not exceeding 8 hours per day, as determined by the NSWFB.
(iii) The NSWFB may
require an employee to perform duty beyond the hours determined under subclause
(i) of this clause but only if it is reasonable for the employee to be required
to do so. An employee may refuse to work additional hours in circumstances
where the working of such hours would result in the employee working
unreasonable hours. In determining what is unreasonable the following factors
shall be taken into account:
(1) the employee’s
prior commitments outside the workplace, particularly the employee’s family and
carer responsibilities, community obligations or study arrangements,
(2) any risk to
employee health and safety,
(3) the urgency of
the work required to be performed during additional hours, the impact on the
operational commitments of the organisation and the effect on client services,
(4) the notice (if
any) given by the NSWFB regarding the working of the additional hours, and by
the employee of their intention to refuse the working of additional hours, or
(5) any other
relevant matter.
3. Payment of Wages
(i) All wages shall
be paid fortnightly and payment shall be into a bank account specified by the
employee, or other financial institutions acceptable to the NSWFB and Union.
(ii) Wages shall
be paid not later than Thursday in any pay week.
4. Rates of Pay
(i) Adult Employees
- The minimum weekly rate of pay for each classification shall be as expressed
in Table 1 - Wages, of Part B, Monetary Rates, and is payable for all purposes
of the Award. This amount incorporates
the following; Basic Wage, Margins, Special Loadings, Trades Allowance and
Industry Allowance.
(ii) Juniors - The
unapprenticed juniors employed by the NSWFB shall be paid the following
percentages of the appropriate classifications:
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Age
|
Percentage
|
|
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Per week
|
|
|
|
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At 17 years of age and under
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55
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At 18 years of age
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67.5
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At 19 years of age
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80
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At 20 years of age
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92.5
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5. Parties Bound
This award is binding upon the:
Director of Public Employment (DPE); and
New South Wales Fire Brigades.
and the following industrial organisations of employees:
Automotive, Food, Metals, Engineering, Printing and
Kindred Industries Union, New South Wales Branch;
Electrical Trades Union of Australia, New South Wales
Branch;
New South Wales Fire Brigade Employees Union; and
Construction, Forestry, Mining and Energy Union (New
South Wales Branch).
6. Additional Wage
Rates
(i) Electricians
- An electrician who is the holder of a New South Wales electrician's licence
shall be paid the amounts set in Item 1 of Table 2.
(ii) Lead Burner -
The ordinary rates for lead burners shall be calculated by adding to the rate
prescribed for journeyman plumbers in this award the sum set in Item 2 of Table
2.
(iii) Plumber - The
ordinary rates of wages for employees in each of the undermentioned
classifications shall be calculated by adding to the rate prescribed in clause
4, Rates of Pay, the amounts set in Table 2 in relation to the following:
(a) When required
to act on a Plumber's licence, as set out in Item 3 of Table 2.
(b) When required
to act on a Gasfitter's licence, as set out in Item 4 of Table 2.
(c) When required
to act on a Drainer's licence, as set out in Item 5 of Table 2.
(d) When
required to act on a Plumber's and Gasfitter's licence, as set out in Item 6 of
Table 2.
(e) When required
to act on a Plumber's and Drainer's licence, as set out in Item 7 of Table 2.
(f) When required
to act on a Gasfitter's and Drainer's licence, as set out in Item 8 of Table 2.
(g) When required
to act on a Plumber's, Gasfitter's and Drainer's licence, as set out in Item 9
of Table 2.
A plumber or drainer who may be required by the NSWFB to act
on any of the above licences during the course of employment is entitled to be
paid at the rate per hour mentioned in this clause for every hour of employment
whilst liable to be called upon by the NSWFB to act on the licence or licences
whether the employee has in any hour in fact acted on such licence or not.
(iv) Electric
Welding Certificate - A plumber being the holder of a Office of Industrial
Relations, Department of Commerce, oxy-acetylene or electric welding
certificate who may be required by the employer to act on either of the
certificates during the course of his or her employment shall be entitled to be
paid for every hour of employment on work the nature of which is such that is
done by or under the supervision of the holder of a certificate or while not
performing but supervising such work the sum set in Item 10 of Table 2 per hour
for each certificate in addition to rates for journeyman plumber in this award.
(v) Computing Quantities
- Employees, excluding leading hands and charge hands, who are regularly
required to compute or estimate quantities or materials in respect to the work
performed by other employees shall be paid an additional amount in Item 11 of
Table 2, per day or part thereof.
(vi) A plumber
and/or gasfitter and/or drainer who is or will be required to be the holder of
a certificate of registration shall be paid the amount in Item 12 of Table 2
per hour in addition to the ordinary rate of pay. This allowance shall be paid for all purposes of the award with
the exception of clause 13, Overtime and Penalty Rates, in which case it shall
be paid as a flat rate.
7. Leading Hands
(i) An employee
appointed to be in charge of up to and including five employees shall be paid
the amount in Item 13 of Table 2.
(ii) An employee
appointed to be in charge of more than five and up to and including ten
employees shall be paid the amount in Item 14 of Table 2.
(iii) An employee
appointed to be in charge of more than ten employees shall be paid the amount
in Item 15 of Table 2.
8. Trade Employees
Working Together
Where two or more trade employees of the same class work
together without a technical supervisor and/or responsibility the tradesperson
in charge shall in addition to all other payments to which the employee is
entitled under this award be paid per hour at the rate of 1/38 of the rate
prescribed by subclause (i) of clause 7, Leading Hands.
9. Tool Allowance
Employees of any of the following classifications shall be
paid in addition to all other payments to which they are entitled under this
award, a tool allowance of the amount per week assigned to the classification
as set out in Item 16 of Table 2.
Classification.
Blacksmith/Welder
Bodymaker
Bricklayer
Carpenter
Fitter and/or Turner
Motor Mechanic
Motor Trimmer
Painter
Panel Beater
Plasterer
Plumber
Welder
Automotive Electrician
Battery Fitter
Electrical Fitter
Electrical Mechanic
Electronic Technician
Instrument Maker
Radio Mechanic
Telephone Mechanic
10. Fire Equipment
Allowance
Employees covered by this award shall be paid a fire
equipment allowance as set out in Item 17 of Table 2.
11. Special Rates
In addition to the wages and allowances prescribed by
clauses 4, Rates of Pay, 6, Additional Wage Rates, 7, Leading Hands, 8, Trade
Employees Working Together and 9, Tool Allowance, the following special rates
and allowances shall be paid to employees.
(i) Confined
Spaces - Working in a place the dimensions or nature of which necessitates
working in a stooped or cramped position or without sufficient ventilation; the
amount set out in Item 18 of Table 2.
(ii) Dirty Work -
Work which a foreman and workman agree is of a dirty or offensive nature by
comparison with the work normally encountered in the trade concerned and for
which no other special rates are prescribed shall be paid for by an additional
amount at the rate set out in Item 19 of Table 2, above the rate prescribed by
this award.
In the case of
disagreement between the foreman and worker the latter shall be entitled within
12 hours to ask for a decision on his/her claim by the employer, his/her
industrial officer, manager, superintendent or engineer. In such a case a decision shall be given on
the worker’s claim within 24 hours of it being asked for (unless the time
expires on a non-working day, in which case it shall be given on the next
working day) or else the said rate shall be paid. In any case where the union is dissatisfied with the decision of
the employer, his/her industrial officer, manager or engineer shall have the
right to bring such case before the Industrial Relations Commission of New South
Wales.
(iii) Height Pay -
(a) Employees,
working at a height of 7.5 metres from the ground, deck, floor or water shall
be paid the amounts set out in Item 20 of Table 2. Height shall be calculated from where it is necessary for the
employee to place his hands or tool in order to carry out the work to such
ground, deck, floor or water. For the
purposes of this subclause, deck or floor means a substantial structure which,
even though temporary, is sufficient to protect an employee from falling any
further distance. Water level means in
tidal waters mean water level. This
subclause shall not apply to an employee working on a suitable scaffold erected
in accordance with the Scaffolding and Lifts Act 1912.
(b) Plasterers
required to work on a swing scaffold shall be paid the amount also set out in
Item 20 of Table 2.
(iv) Hot Places -
Working in the shade in places where the temperature is raised by artificial
means to between 46o Celsius and 54o Celsius and places where the temperature
exceeds 54o Celsius, the amounts set in Item 21 of Table 2. Where work continues for more than two hours
in temperatures exceeding 54o Celsius, employees shall also be entitled to 20
minutes' rest after every two hours' work without deduction of pay. The temperature shall be decided by the
foreman of the work after consultation with the employees who claim the extra
rate.
(v) Insulation
Material - Employees working in any room or similar area or in any confined
(unventilated) space where pumice or other recognised insulating material is
being used in insulating work shall be paid the amount set in Item 22 of Table
2, or if the insulating materials be silicate, the amount also set in Item 22,
whether they are actually handling such materials or not; provided that such
insulating material shall include granulated cork but shall not include cork
board or materials contained in unbroken packages.
(vi) Wet Places -
(a)
(1) An employee
working in a place where water other than rain is falling so that his or her
clothing shall be appreciably wet and/or water, oil or mud underfoot is
sufficient to saturate his/her boots shall be paid the amount set in Item 23 to
Table 2, per hour extra; provided that this extra rate shall not be payable in
respect of the disabilities provided for in clause 10, Industry Allowance, of
this award; nor to an employee who is provided with suitable and effective
protective clothing and/or footwear. An
employee who becomes entitled to this extra rate shall be paid such rate for
such part of the day or shift as he/she is required to work in wet clothing or
boots.
(2) Where a
plumber is required to work in the rain, the plumber shall be paid the amount
also set in Item 23 to Table 2, per hour extra for time so worked.
(b) An employee
called upon to work knee deep in mud or water, shall be paid at the rate also
set in Item 23 of Table 2, per day in addition to the ordinary rates of pay
prescribed for each day or portion thereof so worked; proved that this
subclause shall not apply to an employee who is provided with suitable
protective clothing and/or footwear.
(vii) Swinging
Scaffolds - A payment as set out in Item 24 of Table 2, for the first four
hours or any portion thereof, and an additional amount also set in Item 24 of
Table 2 for each hour thereafter on any day shall be made to any persons
employed:
(a) On any type of
swing scaffold or any scaffold suspended by rope or cable, bosun's chair, etc.
(b) On a suspended
scaffold requiring the use of steel or iron hooks or angle irons at a height of
6 metres or more above the nearest horizontal plane.
Provided that solid plasterers when working off a swing
scaffold shall receive an additional amount, also set in Item 24, per hour.
(viii) Spray
Applications - An employee engaged on all spray applications carried out in
other than a properly construction booth, approved by the Department of
Industrial Relations, shall be paid the amount set in Item 25 of Table 2, per
hour extra.
(ix) Roof Work -
Employees engaged in the fixing or repairing of a roof or any other work in
excess of 12 metres from the nearest floor level shall be paid the amount set
out in Item 26 of Table 2 per hour extra with a minimum payment also set out in
Item 26.
(x) Electric
Welding Plumbers - A plumber engaged on
electric welding applicable to plumbing shall be paid the amount in Item 27 of
Table 2, per hour extra for the time so worked.
(xi) Explosive
Powered Tools - Employees required to use explosive powered tools shall be paid
the amount set in Item 28 of Table 2.
(xii) Scaffolding
Rigging - An employee who is the holder of a scaffolding or rigging certificate
issued by the Office of Industrial relations, Department of Commerce, and is
required to act on that certificate whilst engaged on work requiring a
certificated employee shall be paid an additional amount set out in Item 29 of
Table 2.
(xiii) Extra Rates
not Cumulative - When more than one of the above rates provide payment for
disabilities of substantially the same nature then only the highest of such
rates shall be payable.
(xiv) Rates not
Subject to Penalty Provisions - The special rates herein prescribed shall be
paid irrespective of the time at which the work is performed and shall not be
subject to any premium or penalty additions.
(xv) Distant Places
-
(a) All employees
working in districts west and north of and excluding State Highway No. 17 from
Tocumwal to Gilgandra, State highway No. 11 from Gilgandra to Tamworth, Trunk
Road No. 63 from Yetman and State Highway No. 16 to Boggabilla up to the
Western Division boundary and excluding the municipalities through which the
road passes shall be paid the amount set out in Item 30 of Table 2, extra per
day.
(b) All employees
working in the Western Division of the State shall be paid the amount also set
in Item 30 extra per day.
(c) All employees
working within the area bounded by and inclusive of the Snowy River from the
New South Wales border to Dalgety, thence by road directly from Dalgety to
Berridale and on to the Snowy Mountains Highway at Adaminaby thence to
Blowering, thence by a line drawn from Blowering southwest to Welarewang, and
on to the Murray River, thence in a southeasterly direction along the New South
Wales border to the point of commencement shall be paid the amount also set in
Item 30 extra per day or part thereof.
(xvi) Applying
Obnoxious Substances -
(a) An employee
engaged in either the preparation and/or the application of epoxy based materials
or materials of a like nature shall be paid the amount set in Item 31 of Table
2, per hour extra.
(b) In addition,
employees applying such materials in buildings which are normally air
conditioned shall be paid the amount also set in Item 31 of Table 2, per hour
extra for any time worked when the air conditioning plant is not operating.
(c) Where there is
an absence of adequate natural ventilation, the employer shall provide
ventilation by artificial means and/or supply an approved type of respirator
and in addition protective clothing shall be supplied where recommended by the
NSW Department of Health.
(d) Employees
working in close proximity to employees so engaged shall be paid the amount
also set in Item 31 of Table 2 per hour extra.
(e) For the
purposes of this clause, all materials which include or require the addition of
a catalyst hardener and reactive additives or two pack catalyst system shall be
deemed to be materials of a like nature.
(xvii) Painters shall
be paid the amount in Item 32 of Table 2, per hour for burning off paint and
applying the first coat.
(xviii) Asbestos
Eradication -
Application - This subclause shall apply to employees
engaged in the process of asbestos eradication on the performance of work
within the scope of this award.
Definition - Asbestos eradication is defined as work on
or about building, involving the removal or any other method of neutralisation
of any materials which consist of, or contain, asbestos.
Control - All aspects of asbestos eradication work shall
be conducted in accordance with the N.S.W. Occupational Health and Safety
Act 2000, the Occupational Health and Safety (Asbestos Removal Work)
Regulation 1996 and the N.S.W. Construction Safety Act 1912 Regulations
concerning construction work involving asbestos and asbestos cement.
Rate of Pay - in addition to the rates prescribed in
this award an employee engaged in asbestos eradication (as defined) shall
receive the amount set in Item 33 of Table 2, per hour worked in lieu of
special rates as prescribed in clause 11, Special Rates, with the exception of
subclauses (iv), Hot Places, (vii), Swinging Scaffold, and (viii), Spray
Applications.
Other Conditions - The conditions of employment, rates
and allowances, except so far as they are otherwise specified in this subclause
shall be the conditions of employment, rates and allowances of the award, as
varied, from time to time.
12. Maintenance of
Existing Service and Personal Allowances
(i) An employee
covered by this award who at the date this award took effect was employed by
the NSWFB and who was then being paid a service allowance and/or personal
allowance shall continue to be paid such service allowance and/or personal
allowance in addition to all other payments to which the employee is entitled under
this award so long as the employee remains subject to the provisions of this
award.
(ii) Such service
and personal allowance shall be part of the weekly wage of the employee for all
purposes of this award.
(iii) Except as
provided by paragraph (i), of this clause no employee of the NSWFB covered by
this award shall be paid any service allowance.
13. Overtime and
Penalty Rates
(i) Subject as
otherwise provided in this award, all time worked in excess of the ordinary
weekly hours of work shall be overtime and shall be paid for at the rate of
time and one-half for the first 2 hours, and double time thereafter.
Each day shall stand alone for the purpose of
computation of overtime pursuant to this paragraph.
(ii) All time
worked on a Saturday shall be at the rate of time and one-half for the first 2
hours and double time thereafter, provided that where in any case of emergency
an employee called out for work after 12 noon on Saturday shall be paid at the
rate of double time.
(iii) All time
worked on a Sunday shall be at the rate of double time and all time worked on a
Public Holiday shall be at the rate of double time and one-half.
(iv) For the
purpose of computing the hourly rate the weekly rate shall be divided by the
number of ordinary hours per week prescribed for each employee.
(v) An employee
required to work 2 hours or more overtime immediately after the usual ceasing
time shall be allowed a meal break of 20 minutes, which shall be paid for at
the appropriate overtime rate.
(vi) The meal break
shall be taken at the commencement of the overtime period or later by mutual
arrangement with the officer for the time being in charge and the employee.
(vii) An employee
working overtime shall be allowed a meal break of 20 minutes to be paid for at
the appropriate overtime rate, after each 4 hours of overtime actually worked,
provided that the employee is required to work at least a further 1 hour after
the said 4 hours actually worked.
(viii) An employee
whose ordinary hours do not include Saturday or Sunday or a public holiday
shall be allowed meal breaks with pay only in respect of time worked outside
what would be the usual hours of duty on an ordinary working day.
(ix) Call back -
Minimum payment for emergency recall to duty shall be for four hours at
appropriate penalty rates.
(x) An employee
may be directed by the NSWFB to work overtime, provided it is reasonable for
the employee to be required to do so. An employee may refuse to work overtime
in circumstances where the working of such overtime would result in the
employee working unreasonable hours. In determining what is unreasonable, the
following factors shall be taken into account:
(1) the employee’s
prior commitments outside the workplace, particularly the employee’s family and
carer responsibilities, community obligations or study arrangements,
(2) any risk to
employee health and safety,
(3) the urgency of
the work required to be performed during overtime, the impact on the
operational commitments of the organisation and the effect on client services,
(4) the notice (if
any) given by the NSWFB regarding the working of the overtime, and by the
employee of their intention to refuse overtime, or
(5) any other
relevant matter.
14. Meal Allowance
An employee required to work overtime for one and a half
hours or more shall be paid the amount set in Item 34 of Table 2 for a meal and
after the completion of each four hours on continuous overtime shall be paid
the amount also set in Item 34 for each subsequent meal in addition to his
overtime payment, but such payment need not be made to employees living in the
same locality as their place of work who can reasonably return home for meals.
An employee whose ordinary hours do not include a Saturday
or Sunday or public holiday, shall receive the meal allowance prescribed by
this clause when the time is worked outside what would be the usual hours of
duty on an ordinary working day.
15. Travelling Time
and Fares
(i) an Employee
Shall be Required to Proceed to His Headquarters and to Return to His Or Her
Home at Ordinary Starting and Ceasing Time at Least Once on Each Ordinary
Working Day in the Employee's Own Time and Expense.
(ii) An employee
other than an employee classified as a builder's labourer and who is required
to work temporarily or is transferred to work temporarily at a point distant
from his or her headquarters shall be paid travelling time for such period at
the rate set out in Item 35 of Table 2 for each day to compensate for excess
fares and travelling time to and from places or work, provided that the
allowance shall not be payable if the employer provides or offers to provide
transport free of charge to the employee in which case an allowance also set in
Item 35 of Table 2 per day shall be paid.
(iii) An employee
classified as a labourer-builder shall be paid the amount also set in Item 35
of Table 2 per day as a fare allowance and travelling allowance for travel
patterns and costs peculiar to the industry which includes mobility
requirements on employees and the nature of employment on construction work.
(iv) Subject to the
foregoing provisions, a fare shall be deemed to have been incurred if the
employee has used a bicycle or other means of locomotion or has walked instead
of using public conveyance.
(v) Excess
travelling time and fares shall not be payable in the case of an employee
permanently transferred or appointed to a new headquarters, in which case the
new location shall become headquarters for the purpose of this clause from the
date of attachment to the new location.
(vi) Where an
employee is sent during working hours from one location to another, the NSWFB
shall pay all travelling time and fares incurred in addition to the amount it
may be liable to pay under this clause.
16. Travelling
Expenses
An employee while travelling upon the business of the NSWFB
away from their accustomed workshop shall be paid:
(i) Reasonable
expenses incurred for accommodation and meals whilst so travelling.
(ii) The cost
actually incurred for travel by aircraft, rail, road, boat or otherwise.
(iii) Vouchers
shall show the employee's movements on each day and state times of his or her
departure and arrival.
(iv) Travelling
expenses to be incurred pursuant to this clause shall, if requested, be paid to
the employee concerned in cash on the last working day prior to departure.
17. Annual Leave
(i) Every
employee shall be entitled to four weeks leave of absence, exclusive of public
holidays, on the completion of each 12 months service, such leave shall be
taken within 6 months after it becomes due, and reasonable notice be given by
either party when leave is to commence.
(ii) Where an
employee with one or more months' service but less than 12 months' service is
discharged, dismissed, resigns, retires or dies, the employee or their legal
personal representative shall be paid for each completed week of service an
amount equal to one-twelfth of the employee's ordinary weekly rate payable at
the date of the termination of service.
(iii) After the
first completed year of service annual leave shall accrue at the rate of one
and two-third days for each completed month of service.
18. Annual Leave
Loading
(i) Employees
shall be granted an annual leave loading equivalent to 17 1/2 per cent of four
weeks' ordinary salary or wages.
(ii) The full
entitlement to the loading on annual leave that the employee has accrued over
the previous leave year is to be paid to the employee on the first occasion
sufficient annual leave is taken to permit an absence from duty of at least two
consecutive weeks after 1 December in any year.
The loading will apply only to leave accrued in the
year ending the preceding 30 November, up to a maximum of four weeks. Leave and salary records are then to be
endorsed to indicate that payment of the annual leave loading for the year
ended 30 November previous has been made.
(iii) In the event
of no such absence occurring by 30 November of the following year, the employee
being still employed, is to be paid the monetary value of the annual leave
loading payable on leave accrued as at 30 November to the previous leave year
notwithstanding that the employee has not entered on leave. The leave and salary records are to be
endorsed to indicate that payment of the annual leave loading for the previous
leave year has been made.
(iv) There shall be
a leave year ending 30 November in every year.
The above scheme will first apply to leave taken on or after 1 December
1974, being leave accrued during the 12 month period to 30 November 1974.
(v) The annual
leave loading is not payable when an employee is granted annual leave to the
employee's credit, or the monetary value thereof, on resignation, retirement,
termination of employment, dismissal, etc.
(vi) Broken service
during a year does not attract the annual leave loading, e.g., if an employee
resigns and is subsequently re-employed during the same year, only the service
from the date of re-employment attracts the annual leave loading, subject to
the foregoing conditions.
(vii) Rate of
Payment - The annual leave loading is to be calculated on the salary or wage
rate paid for the leave when taken, i.e., new rates granted by award,
agreement, determination, national wage case decision, increment, etc., during
the period of leave are to be taken into account unless otherwise prescribed by
award or agreement and, if necessary, retrospective adjustment of the loading
is to be made. Where payment is made as
at 30 November, because no period of two weeks leave has been taken during the
year, the payment is to be calculated at the rate which would have been paid
had the leave been taken at 30 November.
(viii) Provided
adequate notice is given, the annual leave loading will be paid prior to entry
on leave, normally at the same time as the advance on salary or wages.
(ix) In the case of
an employee sent on annual leave pending an inquiry into the employee's
services, the annual leave loading is not to be paid.
(x) Retrospective
payments will be made to employees who have qualified to receive payment of the
annual leave loading since 1 December 1974.
19. Holidays
(i) Subject to
subclause (ii) of this clause, the days on which New Year's Day, Australia Day,
Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Bank Holiday (in lieu
of picnic days), Labour Day, Christmas Day, Boxing Day and/or specially
proclaimed holidays in any year are observed shall be holidays. An employee
shall be entitled to these holidays without loss of pay.
(ii) An employee
who is absent from duty without reasonable cause on the working day prior to
and/or the working day following any holiday shall not be entitled to payment
for such holiday.
20. Long Service
Leave
(i) Long Service
Leave, calculated from the date of appointment to the service, shall accrue in
accordance with the following entitlement:
(a) After service
for 10 years, leave for 2 months on full pay or 4 months on half pay.
(b) After service
in excess of 10 years:
(1) leave pursuant
to paragraph (a), of this subclause; and
(2) in addition,
an amount of leave proportionate to the length of service after 10 years.
Long Service Leave shall not include annual leave but
shall include public holidays occurring during the period when such leave is
taken.
(ii)
(a) Where the
service of an employee with at least 5 years' service and less than 7 years'
service is terminated by the NSWFB for any reasons or by the employee on
account of illness, incapacity or domestic or other pressing necessity, the
employee shall be entitled after 5 years' service to one month's leave on full
pay and for service after 5 years', to a proportionate amount of leave on full
pay calculated on the basis of 3 months leave for 15 years' service.
(b) In the event
of the death of an employee the value of long service leave due shall be paid
to such dependants as the NSWFB shall determine.
(c) In the event
of the termination of the employment of an employee for any reason other than
death the money value of long service leave due to the employee shall be paid
to such employee as a gratuity.
(d) Long service
leave as provided by this clause, shall, subject to the exigencies of the
service, be granted by the NSWFB as and when such leave becomes due (i.e. after
7 years) or at any time thereafter; provided that notice in writing of
intention to take such leave shall be given to the NSWFB by the employee
concerned at least 30 days before the date on which the employee desires that
such leave should commence.
(iii) Notwithstanding
anything elsewhere provided by this clause
(a) employees may
apply to take pro-rata Long Service leave after the completion of (7) years of
service. Additionally employees with such service shall be entitled to pro-rata
Long Service leave on resignation or termination.
(b) employees may
apply to take a period of Long Service leave at double pay provided that:
(1) The additional
payment will be made as a non-superable taxable allowance payable for the
period of the absence from work.
(2) The employees’
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.
(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.
(4) Superannuation
contributions will only be made on the basis of the actual absence from work,
i.e. at that single time rate.
(c) 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
leave.
(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.
21. Sick Leave
(i) An employee
shall be allowed 15 working days sick leave with pay within each 12 months
period of entitlement; provided, however, that all such sick leave in excess of
three days within each period shall only be granted on the submission of a
medical certificate which shall be to the satisfaction of the NSWFB.
(ii) Sick leave
not take shall be cumulative to a maximum period of 120 days but payment of the
monetary equivalent of sick leave not taken shall not be made.
(iii) Where an
employee with ten or more years' service has taken all sick leave entitlement,
the NSWFB may, at its discretion, grant further sick leave with or without pay.
22. Bereavement Leave
(i) In no way
restricting the right of the NSWFB to grant leave for compassionate reasons in
other circumstances, an employee shall, on the death within Australia of a
wife, husband, parent, brother, sister, child, stepchild, grandparent,
parent-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law or
grandchild, be entitled, on notice, to leave up to and including the day of the
funeral of such relation and such leave shall be without deductions of pay for
a period not exceeding two ordinary working days. Proof of such death, shall, if requested, be furnished by the
employee to the satisfaction of the NSWFB; Provided, however, that this clause
shall have operation whilst the period of entitlement to leave under it
coincides with any other period of entitlement to leave.
(ii) For the
purpose of this clause, the words "wife" and "husband"
shall include a person who lives with the employee as a de facto spouse.
(iii) Bereavement
entitlements for casual employees
(a) Subject to the
evidentiary and notice requirements in clause 22 casual employees are entitled
to not be available to attend work, or to leave work upon the death in
Australia of a person prescribed in subclause 31.1.3 (ii) of clause (31)
Personal Carers Leave.
(b) The employer
and the employee shall agree on the period for which the employee will be
entitled to not be available to attend work. In the absence of agreement, the
employee is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(c) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual employee are otherwise not affected.
23. Clothing
(i) Clothing,
tools or any articles issued to employees shall be worn or used only in the
course of their duties.
(ii) Clothing or
other articles shall be issued to such employee as the NSWFB approves where in
its opinion such clothing or article is necessary for:
(a) Uniformity of
appearance,
(b) Protection
against material which destroy or damage ordinary clothing,
(c) Protection
against weather, and
(d) Protection
against injury to the employee
(iii)
(a) An employee
shall be responsible for the care and upkeep of any clothing issued and new
clothing shall not be issued until the previous clothing has been returned to
the store and its loss satisfactorily accounted for.
(b) An employee
shall also be responsible for tools, equipment and other articles issued or for
their loss or damage through misuse or negligence.
(c) An employee
shall replace any such clothing, tools, equipment or other articles so lost or
damaged through the employee's misuse or negligence or pay such amount in
respect thereof which the NSWFB shall determine.
(d) Where full
uniform is supplied by the NSWFB and is required to be worn by an employee and
such uniform becomes soiled or damaged in the execution of duty so as to require
dry cleaning or repairs, such dry cleaning and repairs shall be done at the
expense of the NSWFB.
24. Insurance of
Tools
(i) In respect of
those employees entitled under this award to a tool allowance the NSWFB shall
insure, and shall keep insured against loss or damage by fire whilst on the
employer's premises, such tools of the employee which are used by him/her in
the course of his/her employment. The
employee shall if requested to do so furnish the NSWFB with a list of his/her
tools so used.
(ii) Any such
employee shall be entitled to be reimbursed for the loss of tools up to the
value set out in Item 36 of Table 2, provided such tools are lost by theft from
a breaking and entering outside working hours while the tools are stored at the
NSWFB's direction on the job.
25. Procedure on
Charge
(i) When an
employee is summoned to appear before a Senior Officer or before the NSWFB on a
charge, appeal, or other formal inquiry not being a preliminary investigation,
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 and shall be allowed
access, personally or by a representative duly authorised by the employee in
writing to all or any of the official papers, correspondence or reports of the
NSWFB relating to the charge, appeal or subject to the said inquiry.
(ii) The employee
also shall be allowed to give and call evidence on the employee's own behalf
and to hear all evidence given.
(iii) If an
employee so requests, the employee may be represented by an Officer of the
union before such senior officer of the NSWFB on all such occasions.
(iv) No adverse
report about an employee shall be placed among the records or papers relating
to the employee or noted thereupon unless the employee concerned shall have
been shown the said report which shall be evidenced by the employee's signature
thereupon unless the employee refuses to sign in which case the union shall be
notified by the NSWFB in writing within seven days of such refusal, and shall
have been given an opportunity of replying to the report. If the employee so desires a reply shall be
in writing, which, together with the adverse report, also shall be placed
amongst the records or papers relating to the employee or shall be noted
thereupon.
(v) Where the
NSWFB has for its own purpose caused a transcript copy of proceedings on a
charge, appeal or formal inquiry to be taken, a copy of such transcript shall
be supplied, free of cost, to the employee concerned, if during the hearing or
at the termination of the proceedings a request therefore in writing is made by
the employee.
(vi) After the
Senior Officer has announced the recommendation or when the NSWFB has made its
decision as the result of a charge or an appeal the employee concerned shall be
informed thereof in writing within 7 days after such announcement or decision
has been made or has been given as the case may be.
26. Higher Grade Pay
An employee engaged for more than half of one day or shift
on duties carrying a higher rate than the employee's ordinary classification or
entitling the employee to a Leading Hand allowance shall be paid the higher
rate or allowance as the case may be for such day or shift. If for less than one half of one day or
shift the employee shall be paid the higher rate or allowance as the case may
be for the time so worked; provided that if an employee is required to act as
leading hand at the commencement of a day or shift the employee shall be paid
the appropriate allowance for the whole of such day or shift.
27. Chokages
If an employee is employed upon any chokage and is required
to open up any soil pipe, waste pipe, drain pipe, or pump conveying offensive
material or a scupper containing sewage or is required to work in a septic tank
in operation the employee shall be paid an additional amount set out in Item 37
of Table 2 per day or part of a day.
28.
Anti-Discrimination
(i) It is the
intention of the parties bound by this award to seek to achieve the object in
section 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.
(ii) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has direct or indirect
discriminatory effect.
(iii) 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.
(iv) Nothing in
this clause is to be taken to affect:
any conduct or act which is specifically exempted from
anti-discrimination legislation;
offering or providing junior rates of pay to persons
under 21 years of age;
any act or practice of a body established to propagate
religion which is exempted under section 56(d) of the Anti-Discrimination
Act 1977;
a party to this award from pursuing matters of unlawful
discrimination in any State or Federal jurisdiction.
(v) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES -
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion".
29. Term of
Employment
(i) An employee
shall give to the NSWFB and the NSWFB shall give to an employee one week's
notice of termination of employment, such notice to be given from a normal pay
day. This, shall not affect the right
of the NSWFB to dismiss any employee without notice for inefficiency, neglect
of duty or misconduct and in such cases wages shall be paid up to the time of
dismissal only.
(ii) For the
purposes of meeting the needs of the industry, the NSWFB may require any
employee to work reasonable overtime, including work on Saturdays, Sundays and
public holidays at the rate prescribed in this award, and unless reasonable
excuse exists the employee shall work in accordance with such requirements.
(iii) In the event
of wet weather, no deduction from wages shall be made subject to the following
conditions:
(a) An employee
shall continue working until such time as the officer in charge orders the
employee to cease work.
(b) An employee
shall stand by as directed by the officer in charge.
(c) An employee
shall report for duty as directed.
(iv) The absence of
an employee from work for a continuous period exceeding five working days
without the consent of the employer and without notification to the employer
shall be prima facie evidence that the employee has abandoned employment.
Provided that if within a period of 14 days from the
employee's last attendance at work or the date of the employee's last absence
in respect of which notification has been given or consent has been granted an
employee has not established to the satisfaction of the NSWFB that the absence
was for reasonable cause, the employee shall be deemed to have abandoned
employment.
Termination of employment by abandonment in accordance
with this subclause shall operate as from the date of the last attendance at
work or the last day's absence in respect of which consent was granted, or the
date of the last absence in respect of which notification was given to the
employer, whichever is the later.
(v)
(a) No payment in
respect of wages, annual leave or long service leave shall be assigned or
charged to any person but shall be paid to the employee entitled thereto, or
may be paid to the employee entitled thereto, or may be paid to a person
authorised by the employee to receive the same.
(b) The NSWFB
shall be entitled to deduct out of an employee's wages such sum as the employee
requests in writing in respect of contributions or payments for purposes
approved by the NSWFB.
30. Dispute
Resolution Procedure
(i) The aim of
these procedures is to ensure that industrial grievances or disputes are
prevented, or resolved as quickly as possible, and at the lowest level possible
in the workplace.
(ii) Subject to
the provisions of subclause (vii) of this clause, the parties agree to exhaust
the conciliation process before considering step 30(v)(a). It is agreed that the parties will not
deliberately frustrate or delay these procedures.
(iii) The figures
shown in brackets in subclauses 30(v)a, to 30(v)c, represent the maximum number
of hours allowed for each step before the matter must proceed to the next
step. Such maximum number of hours is
not to include weekly rostered days off.
(iv) While
subclause 30(iii) refers to the maximum number of hours allowed for each step,
every effort is to be made by the parties involved at each step to resolve the
matter as quickly as possible. Further,
the maximum number of hours referred to in each step may be extended, but only
with the agreement of all of the parties involved.
Procedures/Steps.
(v) Immediately
when an industrial grievance or dispute arises, or is considered likely to
occur, the matter is to be discussed between the employees specified in
subclause 30(v)(a). Failing resolution
of the matter at this level, the matter is to be discussed, in order, between
the employee(s)/representative(s) specified in Steps 30(v)(b) to 30(v)(d)
inclusive. If the matter remains
unresolved at the conclusion of Step 30(v)d then, if necessary, the procedure
prescribed at 30(v)(e) may be followed.
(a) Staff
member(s) concerned,
- immediate Supervisor.
(48)
(b) Staff
member(s) concerned,
- The Union delegate or the representative of the staff
member(s) concerned,
- The immediate Supervisor.
(48)
(c) Staff
member(s) concerned,
- The Union delegate or the representative of the staff
member(s) concerned,
- Immediate Supervisor,
- Relevant Branch Manager,
- Representative of the Industrial Relations section.
(48)
(d) The Union
delegate and/or union official or representative of the staff member(s)
concerned,
- Relevant Branch Manager,
- Relevant director (or equivalent),
- Representative of the Industrial Relations section.
(e) Failing
resolution at the level referred to in subclause 30(v)d, the matter may be
referred by either party to the Industrial Relations Commission.
(vi) Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti-Discrimination
Act 1977) that makes it impractical for the employee to advise their
immediate manager the notification may occur to the next appropriate level of
management, including where required, to the Commissioner or delegate.
(vii) The parties
agree that normal work will continue, except where an immediate danger exists,
without disruption while the procedures specified in the clause are followed.
(viii) While
discussions are taking place in relation to safety issues, employees are to
perform any other work, within their classification (or a cross-classification
as provided for in clause 9, Multi-Skilling of the New South Wales Fire
Brigades Maintenance and Miscellaneous Staff Enterprise Agreement 2007) that
can be carried out in a safe manner.
31. Personal /
Carer’s Leave - August 1996
31.1 Use of Sick
Leave -
31.1.1 An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in 31.1.3(ii) who needs the employee’s care and support, shall
be entitled to use, in accordance with this subclause, any current or accrued
sick leave entitlement, provided for at Clause 21 of the award, for absences to
provide care and support, for such persons when they are ill. Such leave may be taken for part of a single
day.
31.1.2 The employee
shall, if required, establish either 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 subclause where another person has taken leave to care for the same
person.
31.1.3 The entitlement
to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a defacto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including and adopted child, a step child, 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 defacto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the defacto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purposes of
this paragraph:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
3. "household"
means a family group living in the same domestic dwelling.
31.1.4 An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s 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 employer by telephone of such absence at the first
opportunity on the day of absence.
31.2 Unpaid Leave
for Family Purpose -
31.2.1 An employee may
elect, with the consent of the employer, to take unpaid leave for the purpose
of providing care and support to a member of a class of person set out in
31.1.3(ii) above who is ill.
31.3 Annual Leave -
31.3.1 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.
31.3.2 Access to annual
leave, as prescribed in paragraph 31.3.1 above, shall be exclusive of any
shutdown period provided for elsewhere under this award.
31.3.3 An employee and
employer may agree to defer payment of the annual leave loading in respect of
single day absences, until at least five consecutive annual leave days are
taken.
31.3.4 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.
31.4 Time Off in
Lieu of Payment for Overtime -
31.4.1 An employee may
elect, with the consent of the employer, to take time off in lieu of payment
for overtime at a time or times agreed with the employer within 12 months of
the said election.
31.4.2 Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is, an hour for each hour worked.
31.4.3 If, having
elected to take time as leave in accordance with paragraph 31.4.1 above, the
leave is not taken for whatever reason, payment for time accrued at overtime
rates shall be made at the expiry of the 12 month period or on termination.
31.4.4 Where no
election is made in accordance with paragraph 31.4.1, the employee shall be
paid overtime rates in accordance with the award.
31.5 Make-up Time -
31.5.1 An employee may
elect, with the consent of the employer, to work "make-up time" under
which the employee takes time off ordinary hours, and works those hours at a
later time, during the spread of ordinary hours provided in the award, at the
ordinary rate of pay.
31.5.2 An employee on
shift work may elect, with the consent of the employer to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
31.6 Rostered Days
Off -
31.6.1 An employee may
elect, with the consent of the employer, to take a rostered day off at any
time.
31.6.2 An employee may
elect, with the consent of the employer, to take rostered days off in part day
amounts.
31.6.3 An employee may
elect, with the consent of the employer, to accrue some or all rostered days
off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
31.6.4 This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
31.7 Personal Carers
Entitlement for casual employees
31.7.1 Subject to the
evidentiary and notice requirements in 31.1.2 and 31.1.4 casual employees are
entitled to not be available to attend work, or to leave work if they need to
care for a person prescribed in subclause 31.1.3(ii) of this clause who are
sick and require care and support, or who require care due to an unexpected
emergency, or the birth of a child.
31.7.2 The employer and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 48 hours (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance.
31.7.3 An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
32. Maternity Leave
(a) A staff member
who is pregnant shall, subject to this clause, be entitled to be granted
maternity leave as follows:
(1) for a period
up to 9 weeks prior to the expected date of birth; and
(2) for a further
period of up to 12 months after the actual date of birth.
(b) A staff member
who has been granted maternity leave may, with the permission of the Department
Head, take leave after the actual date of birth:
(1) full-time for
a period of up to 12 months; or
(2) part-time for
a period of up to 2 years; or
(3) as a
combination of full-time and part-time over a proportionate period of up to 2
years.
(c) A staff member
who has been granted maternity leave and whose child is stillborn may elect to
take available sick leave instead of maternity leave.
(d) A staff member
who resumes duty before her child's first birthday or on the expiration of 12
months from the date of birth of her child shall be entitled to resume duty in
the position occupied by her immediately before the commencement of maternity
leave, if the position still exists.
(e) If the
position occupied by the staff member immediately prior to maternity leave has
ceased to exist, but there are other positions available that the staff member
is qualified for and is capable of performing, the staff member shall be
appointed to a position of the same grade and classification as the staff
member's former position, subject to the mobility provisions of the Public
Sector Employment and Management Act 2002.
(f) A staff
member who:
(1) applied for
maternity leave within the time and in the manner determined by the Department
Head; and
(2) prior to the
expected date of birth, completed not less than 40 weeks' continuous service,
shall be paid at her ordinary rate of pay for a period not exceeding 14 weeks,
or 28 weeks at half pay, or the period of maternity leave taken, whichever is
the lesser period.
(g) Except as
provided in paragraph (f) of this subclause, maternity leave shall be granted
without pay.
33. Parental Leave
(a) A staff member
is entitled to take parental leave in respect of each pregnancy of the spouse
or partner as follows:
(1) short parental
leave - an unbroken period of one week at the ordinary rate of pay, or 2 weeks
at half pay at the time of the birth of the child or other termination of the
spouse's or partner's pregnancy;
(2) extended
parental leave - for a period not exceeding 12 months, less any short parental
leave already taken by the staff member as provided for in subparagraph (1) of
paragraph (a) of this subclause in order to assume the primary care giving
responsibilities.
(b) Extended parental
leave may commence at any time up to 2 years from the date of birth of the
child.
(c) A staff member
who has been granted parental leave may, with the permission of the Department
Head, take such leave:
(1) full-time for
a period not exceeding 12 months; or
(2) part-time over
a period not exceeding 2 years; or
(3) partly
full-time and partly part-time over a proportionate period of up to 2 years.
(d) A staff member
who resumes duty immediately on the expiration of parental leave shall:
(1) if the
position occupied by the staff member immediately before the commencement of
that leave still exists, be entitled to be placed in that position; or
(2) if the
position occupied by the staff member has ceased to exist, but there are other
positions available that the staff member is qualified for and is capable of
performing, the staff member shall be appointed, to a position of the same
grade and classification as the staff member's former position, subject to the
mobility provisions of the Public Sector Employment and Management Act
2002.
(e) Except as
provided in paragraph (a) (1) of this subclause, parental leave shall be
granted without pay.
(f) Refer to the Industrial
Relations Act 1996 (NSW). The following provisions shall also apply in
addition to those set out in the Industrial Relations Act 1996 (NSW).
(g) An employer
must not fail to re-engage a regular casual employee (see section 53(2) of the
Act) because:
(a) the employee
or employee's spouse is pregnant; or
(b) the employee
is or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
(h) Right to
request
(a) An employee
entitled to parental leave may request the employer to allow the employee:
(i) to extend the
period of simultaneous unpaid parental leave use up to a maximum of eight
weeks;
(ii) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(iii) to return
from a period of parental leave on a part-time basis until the child reaches
school age;
to assist the employee in reconciling work and parental
responsibilities.
(b) 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. Such grounds might include
cost, lack of adequate replacement staff, loss of efficiency and the impact on
customer service.
(c) Employee's
request and the employer's decision to be in writing
The employee's request and the employer's decision made
under (h) (a) (ii) and (h) (a) (iii) must be recorded in writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under
(h)(a)(iii), such a request must be made as soon as possible but no less than
seven weeks prior to the date upon which the employee is due to return to work
from parental leave.
(i) Communication
during parental leave
(a) 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:
(i) 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
(ii) 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.
(b) 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, whether the employee intends to return to work and whether
the employee intends to request to return to work on a part-time basis.
(c) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer's capacity to comply with paragraph (a).
34. Adoption Leave
(a) A staff member
adopting a child and who will be the primary care giver shall be entitled to be
granted adoption leave:
(1) for a period
of up to 12 months if the child has not commenced school at the date of the
taking of custody; or
(2) for such
period, not exceeding 12 months on a full-time basis, as the Department Head
may determine, if the child has commenced school at the date of the taking of
custody.
(b) A staff member
who has been granted adoption leave may, with the permission of the Department
Head, take leave:
(1) full-time for
a period not exceeding 12 months; or
(2) part-time over
a period not exceeding 2 years; or
(3) partly
full-time and partly part-time over a proportionate period of up to 2 years.
(c) Adoption leave
shall commence on the date that the staff member takes custody of the child
concerned, whether that date is before or after the date on which a court makes
an order for the adoption of the child by the staff member.
(d) A staff member
who resumes duty immediately on the expiration of adoption leave shall:
(1) if the
position occupied by the staff member immediately before the commencement of
that leave still exists, be entitled to be placed in that position; or
(2) if the
position so occupied by the staff member has ceased to exist, but there are
other positions available that the staff member is qualified for and is capable
of performing, the staff member shall be appointed, to a position of the same
grade and classification as the staff member's former position, subject to the
mobility provisions of the Public Sector Employment and Management Act
2002.
(e) A staff member
who will be the primary care giver from the date of taking custody of the
adopted child shall be entitled to payment at the ordinary rate of pay for a
period not exceeding 14 weeks, or 28 weeks at half pay of adoption leave or the
period of adoption leave taken, whichever is the lesser period if the staff
member:
(1) applied for
adoption leave within the time and in the manner determined by the Department
Head; and
(2) prior to the
commencement of adoption leave, completed not less than 40 weeks' continuous
service.
(f) Except as
provided in paragraph (e) of this subclause, adoption leave shall be granted
without pay.
(g) Special
Adoption Leave - A staff member shall be entitled to special adoption leave
without pay for up to 2 days to attend interviews or examinations for the
purposes of adoption. Special adoption leave may be taken as a charge against
recreation leave, extended leave, flexitime or family and community service.
35. Family and
Community Service Leave
(a) The Department
Head shall grant to an employee some or all of the available family and
community service leave on full pay, for reasons relating to family
responsibilities, performance of community service or emergencies.
(b) Such cases may
include but not be limited to the following:
(1) compassionate
grounds - such as the death or illness of a close member of the family or a
member of the employee’s household;
(2) emergency
accommodation matters up to one day, such as attendance at court as defendant
in an eviction action, arranging accommodation, or when required to remove
furniture and effects;
(3) emergency or
weather conditions, such as when flood, fire or snow or disruption to utility
services etc. threaten property and/or prevent an employee from reporting for
duty;
(4) attending to
family responsibilities such as citizenship ceremonies, parent/teacher
interviews or attending child's school for other reasons;
(5) attendance at
court by an employee to answer a charge for a criminal offence, only if the Department
Head considers the granting of family and community service leave to be
appropriate in a particular case;
(6) attendance at
a competitor in major amateur sport (other than Olympic or Commonwealth Games)
for staff members who are selected to represent Australia or the State; and
(7) absence during
normal working hours to attend meetings, conferences or to perform other
duties, for an employee holding office in Local Government, and whose duties
necessitate absence during normal working hours for these purposes, provided
that the employee does not hold a position of Mayor of a Municipal Council,
President of a Shire Council or Chairperson of a County Council.
(c) The maximum
amount of family and community service leave on full pay which may, subject to
this award, be granted to a staff member shall be the greater of the leave
provided in subclauses (1) or (2) of this clause.
(1) 2½ of the
employee's working days in the first year of service and, on completion of the
first year's service, 5 of the employee's working days in any period of 2
years; or
(2) After the
completion of 2 years' continuous service, the available family and community
service leave is determined by allowing 1 day's leave for each completed year
of service less the total amount of family and community service leave
previously granted to the employee.
(d) If available
family and community service leave is exhausted as a result of natural
disasters, the Department Head shall consider applications for additional
family and community service leave, if some other emergency arises. On the
death of a person as described in 31.1.3 of clause 31, Personal/Carer’s Leave -
August 1996, additional paid family and community service leave of up to 2 days
may be granted on a discrete, per occasion basis to an employee.
(e) In cases of
illness of a family member for whose care and support the employee is
responsible, paid sick leave in accordance with subclause 31.1.3 of clause 31
of this award shall be granted when paid family and community service leave has
been exhausted.
36. Trade Union Leave
The granting of leave with pay will apply to the following
activities undertaken by a trade union delegate, as specified below:
(a) annual or
biennial conferences of the delegate's union;
(b) meetings of
the union's Executive, Committee of Management or Councils;
(c) annual
conference of the Unions NSW and the biennial Congress of the Australian
Council of Trade Unions;
(d) attendance at
meetings called by Unions NSW involving a public sector trade union which
requires attendance of a delegate;
(e) attendance at
meetings called by the DPE, as the employer for industrial purposes, as and
when required;
(f) giving
evidence before an Industrial Tribunal as a witness for the trade union;
(g) local meetings
between the Union and Management.
37. Area, Incidence
and Duration
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and rescinds and replaces the Fire
Brigade (Maintenance, Construction and Miscellaneous Staff) Award published 9
July 2004 (345 I.G. 271). The award
published 9 July 2004 rescinded and replaced the Fire Brigade (Maintenance,
Construction and Miscellaneous Staff Award published 9 February 2001 (322 I.G.
47), as varied.
The award published 9 February 2001 rescinded and replaced
the Fire Brigade (Maintenance, Construction and Miscellaneous Staff) Award
published 9 March 1977 and reprinted 15 November 1991 (265 I.G. 1518), and all
variations thereof and the Fire Brigade (Maintenance, Construction and
Miscellaneous Staff) 1994 Expense Related Allowances Award published 5 July
1996 (293 I.G. 853) and all variations thereof.
The changes made to the award pursuant to the Award Review
pursuant to section 19(6) of the Industrial Relations Act 1996 and
Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take
effect on and from 30 November 2007.
Rates of pay and wage related allowances expressed in this
Award have a nexus with the Crown Employees Wages Staff (Rates of Pay) Award
2007, or any successor Award.
This Award shall apply to all employees in the
classifications specified in Part B, Table 1 - Wages in the employment of the
New South Wales Fire Brigades. The Award remains in force until varied or
rescinded, the period for which it was made having already expired.
PART B
MONETARY RATES
Table. 1- Wages
|
Clause 3, Rates of
pay
|
From 1/07/2007
|
|
# Classification
|
+ 4%
|
|
|
$
|
|
(a) Electrical Department -
|
|
|
Automotive Electrical
|
814.00
|
|
Battery Fitter
|
814.00
|
|
Electrical Fitter
|
814.00
|
|
Electrical Mechanic
|
814.00
|
|
Electronic Technician -
|
1st year
|
964.70
|
|
|
2nd year
|
984.50
|
|
|
3rd year
|
1011.80
|
|
|
4th year
|
1032.80
|
|
Instrument Maker
|
852.40
|
|
Radio Mechanic
|
814.00
|
|
Telephone Mechanic
|
814.00
|
|
Trades Assistant (Electrical Department)
|
653.70
|
|
Labourer-General (Electrical Department)
|
526.40
|
|
(b) Workshops Department -
|
|
|
Blacksmith/Welder
|
771.10
|
|
Bodymaker
|
763.20
|
|
Draughtsperson -
|
1st year
|
705.00
|
|
|
2nd year
|
736.30
|
|
|
3rd year
|
771.10
|
|
|
4th year
|
814.00
|
|
|
Thereafter
|
852.40
|
|
Welder
|
771.10
|
|
Fitter and/or Turner
|
742.10.
|
|
Motor Mechanic
|
763.20
|
|
Motor Trimmer
|
763.20
|
|
Painter (Vehicle)
|
763.20
|
|
Panel Beater
|
763.20
|
|
Signwriter (Vehicle)
|
742.10
|
|
Trades assistant (Mechanical Workshops)
|
630.70
|
|
Labourer - General (Mechanical Workshops)
|
526.40
|
|
(c) Boot Factory - Bootmaker
|
736.30
|
|
(d) Building Maintenance Department -
|
|
|
Draughtsperson Building services
|
|
|
1st year
|
814.00
|
|
2nd year
|
829.00
|
|
3rd year
|
844.20
|
|
4th year
|
859.20
|
|
Thereafter
|
882.80
|
|
Plumber
|
771.10
|
|
Bricklayer
|
763.20
|
|
Carpenter
|
763.20
|
|
Painter
|
763.20
|
|
Plasterer
|
763.20
|
|
Labourer - Builders
|
749.50
|
|
(e) Cleaner -
|
675.40
|
|
Stores Assistant
|
711.00
|
|
Sailmaker
|
742.10
|
|
(f) Transport Assistant
|
756.90
|
|
(h) Hose Repair Department - Hose Assembler and
|
|
|
Repairer
|
705.00
|
Table 2 - Other
Rates and Allowances
|
Item Number
|
Clause 6,
Additional Wage Rates
|
As at 01/07/2007
|
|
|
|
+4%
|
|
|
|
$
|
|
1
|
(i) Electricians;
|
|
|
|
An electrician who is the holder of
|
|
|
|
A Grade Licence (per week)
|
36.00
|
|
|
B Grade Licence (per week)
|
19.40
|
|
2
|
(ii) Lead Burner - The ordinary rates
|
|
|
|
for lead shall be calculated by adding to the rate
|
|
|
|
prescribed for journey person Plumbers in this
|
|
|
|
award (per hour)
|
0.67
|
|
3
|
(iii) (a) Plumber when required to act on a
|
|
|
|
Plumbers Licence (per hour)
|
0.95
|
|
4
|
(b) When required to act on a Gasfitters Licence
|
|
|
|
(per hour)
|
0.95
|
|
5
|
(c) When required to act on a Drainers Licence (per
|
|
|
|
hour)
|
0.79
|
|
6
|
(d) When required to act on a Plumbers and
|
|
|
|
Gasfitters Licence (per hour)
|
1.27
|
|
7
|
(e) When required to act on a Plumbers and
|
|
|
|
Drainers Licence (per hour)
|
1.27
|
|
8
|
(f) When required to act on Gasfitters and Drainers
|
|
|
|
Licence (per hour)
|
1.27
|
|
9
|
(g) When required to act on a Plumber's, Gasfitter's
|
|
|
|
and Drainer's Licence (per hour)
|
1.72
|
|
10
|
(iv) Electric Welding Certificate (per hour)
|
0.54
|
|
11
|
(v) Computing Quantities (per day)
|
4.26
|
|
12
|
(vi) Certificate of Registration (per hour)
|
0.63
|
|
|
Clause 7, Leading Hands
|
|
|
13
|
(i) in charge of up to and including 5 employees
|
|
|
|
(per week)
|
37.10
|
|
14
|
(ii) in charge of more than 5 employees and up to
|
|
|
|
and including 10
|
47.50
|
|
15
|
(iii) in charge of more than 10 employees (per
|
|
|
|
week)
|
62.00
|
|
16
|
Clause 9, Tool Allowance - Classification
|
Tool allowance per
week
|
|
|
|
$
|
|
|
Blacksmith/Welder
|
24.20
|
|
|
Body maker
|
24.20
|
|
|
Bricklayer
|
17.10
|
|
|
Carpenter
|
24.20
|
|
|
Fitter and/or Tuner
|
24.20
|
|
|
Motor Mechanic
|
24.20
|
|
|
Motor Trimmer
|
24.20
|
|
|
Painter
|
5.80
|
|
|
Panel Beater
|
24.20
|
|
|
Plasterer
|
20.00
|
|
|
Plumber
|
24.20
|
|
|
Welder
|
24.20
|
|
|
Automotive Electrician
|
14.40
|
|
|
Battery Fitter
|
14.40
|
|
|
Electrical Fitter
|
14.40
|
|
|
Electrical Mechanic
|
14.40
|
|
|
Electronic Technician
|
14.40
|
|
|
Instrument Maker
|
14.40
|
|
|
Radio Mechanic
|
14.40
|
|
|
Telephone Mechanic
|
14.40
|
|
17
|
Clause 10, Fire Equipment Allowance
|
Trades
|
Non Trades
|
|
|
|
Staff
|
Staff
|
|
|
|
$
|
$
|
|
|
After completion of one year’s continuous service
|
6.20
|
4.60
|
|
|
(per week)
|
|
|
|
|
After completion of two year’s continuous service
|
12.00
|
9.30
|
|
|
(per week)
|
|
|
|
|
After completion of three year’s continuous service
|
18.20
|
13.70
|
|
|
(per week)
|
|
|
|
|
Clause 11, Special Rates
|
|
|
18
|
(i) Confined Spaces (per hour)
|
0.73
|
|
19
|
(ii) Dirty Work (per hour)
|
0.58
|
|
20
|
(iii) Height Pay
|
|
|
|
(a) Employees working at height of 7.5m (per hour)
|
0.63
|
|
|
For each additional 3m (per hour)
|
0.13
|
|
|
(b) Plasterers working on swing scaffold (per hour)
|
|
|
|
|
0.63
|
|
21
|
(iv) Hot Places (per hour)
|
0.58
|
|
22
|
(v) Insulation Material -
|
|
|
|
Pumice or other (per hour)
|
0.58
|
|
|
Silicate (per hour)
|
0.73
|
|
23
|
(vi) Wet Places -
|
|
|
|
Water other than rain (per hour)
|
0.58
|
|
|
Plumber in the rain (per hour)
|
0.58
|
|
|
Knee deep water/mud (per day)
|
4.66
|
|
24
|
(vii) Swinging Scaffolds for the first four hours or
|
|
|
|
any portion thereof, and
|
4.26
|
|
|
For each hour thereafter
|
0.87
|
|
|
Plasterers working on swing scaffold (per hour)
|
0.13
|
|
25
|
(viii) Spray applications (per hour)
|
0.59
|
|
26
|
(ix) Roof work (per hour)
|
0.73
|
|
27
|
(x) Electric Welding (per hour)
|
0.21
|
|
28
|
(xi)Explosive Powered Tools (per day)
|
1.96
|
|
29
|
(xii) Scaffolding Rigging (per hour)
|
0.58
|
|
30
|
(xv) Distant Places-
|
|
|
|
West and North of State Highway 17 etc (per day)
|
0.99
|
|
|
Western Division (per day)
|
1.61
|
|
|
Snowy River to Dalgety etc (per day)
|
1.61
|
|
31
|
(xvi) Applying Obnoxious Substances epoxy based
|
|
|
|
materials (per hour)
|
0.73
|
|
|
Not air conditioned (per hour)
|
0.50
|
|
|
Employees working in close proximity (per hour)
|
|
|
|
|
0.57
|
|
32
|
(xvii) Painters - burning off paint and applying the
|
|
|
|
first coat (per hour)
|
0.57
|
|
33
|
(xviii) Asbestos Eradication (per hour)
|
1.96
|
|
34
|
Clause 14, Meal Allowance (per meal)
|
|
|
|
After 1.5 hours overtime
|
10.90
|
|
|
Each 4 hours thereafter
|
9.10
|
|
35
|
Clause 15, Travelling Time and other Fares (per
|
|
|
|
day)
|
|
|
|
Other than Builders’ Labourers
|
18.40
|
|
|
Employer providing transport
|
7.40
|
|
36
|
Clause 24, Insurance of Tools
|
|
|
|
Maximum claim for loss of tools
|
1,402.00
|
|
37
|
Clause 27, Chokages
|
|
|
|
(per day or part of a day)
|
6.04
|
J.D.
STANTON, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.