Crown Employees (NSW Fire Brigades
Retained Firefighting Staff) Award 2008
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South
Wales Fire Brigade Employees Union, Industrial Organisation of
Employees.
(Nos. IRC 85, 231, 722, 723
of 2008)
|
Before The Honourable
Justice Walton, Vice-President
The Honourable Justice
Kavanagh
Mr Deputy President
Grayson
|
19 September 2008
|
AWARD
Part A
1. Introduction
1.1 This Award shall
be known as the Crown Employees (NSW Fire Brigades Retained Firefighting Staff)
Award 2008.
1.2 This Award
regulates the rates of pay and conditions of employment for employees covered
by 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. Personal/Carer’s
Leave
16. Sick 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
Requirements at Incidents and Drills
29. Attendance
at Major Emergencies
30. Drug and
Alcohol Protocol
31. Salary
Packaging Arrangements, including Salary Sacrifice to Superannuation
32. Employees'
Duties
33. Anti-Discrimination
34. Area,
Incidence and Duration
35. Leave
Reserved
PART B
MONETARY RATES
Table 1 - Payment Entitlement Codes
Table 2 - Travelling Compensation Allowances
Table 3 - Authorised Duties
3. Basic Wage
3.1 This Award, in
so far as it fixes rates of pay, is made by reference and in relation to a
basic wage for adults of $121.40 per week.
3.2 The said basic
wage may be varied by the Commission under subclause 2 of Clause 15 of Division
4 of Part 2 of Schedule 4, Savings, Transitional and other provisions, of the Industrial
Relations Act 1996.
3.3 A reference in this
Award to the adult basic wage is to be read as a reference to the adult basic
wage currently in force under the said clause 15.
4. Definitions
"Brigade" for the purposes of this Award means any
individual brigade of the NSW Fire Brigades constituted under the Fire
Brigades Act 1989.
"Commissioner" means Commissioner of the
Department holding office as such under the Public Sector Employment and
Management Act 2002.
"Department" means NSW Fire Brigades established
by the Fire Brigades Act 1989 and as a Department under Schedule 1 of
the Public Sector Employment and Management Act 2002.
"DPE" means the Director of Public Employment, as
established under the Public Sector Employment and Management Act 2002.
"Employee" means a person classified by the
Department as a Retained Firefighter and appointed as a Volunteer Firefighter
pursuant to the provisions of the Fire Brigades Act 1989.
"Fire District" has the same meaning as in the Fire
Brigades Act 1989.
"GSA" (Greater Sydney Area) means within the area
bounded by the Local Government areas of Pittwater, Hornsby, Baulkham Hills,
Hawkesbury, Penrith, Liverpool, Wollondilly, Campbelltown and Sutherland.
"Incident" means a fire call or any other
emergency incident attended by the NSW Fire Brigades.
"Retainer" means the relevant amount set out at
Entitlement Codes A, B, C, D, E or F 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 2006.
"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 similar in
standard to that provided by domestic airlines to inflight passengers
travelling interstate economy class.
"Union" means the New South Wales Fire Brigade
Employees' Union.
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
the underlying causes of, and possible solutions for, retained availability
shortages.
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 Table 1 -
Payment Entitlement Codes, of Part B, Monetary Rates.
6.2 The retainers
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, Gosford, Wyong 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 Rates of Pay and
Classifications
6.3.1 Entitlement Codes
|
Classification
|
Type of Payment and Entitlement Code
|
|
|
Retainer
|
Rate of Pay
|
Each subsequent
half-
|
|
|
per month
|
1st Hour
|
hour or part
thereof
|
|
Captain A
|
A
|
G
|
I
|
|
Captain B
|
B
|
G
|
I
|
|
Deputy Captain A
|
B
|
H
|
J
|
|
Deputy Captain B
|
C
|
H
|
J
|
|
Firefighter A
|
D
|
H
|
J
|
|
Firefighter B
|
E
|
H
|
J
|
|
Firefighter C
|
F
|
H
|
J
|
6.3.2 All employees shall
commence employment in the classification of Retained Firefighter and shall be
paid the Level C retainer rate.
6.3.3 Progression of
Retained Firefighters from Level C retainer payment to Level B retainer payment
shall be subject to the satisfactory completion of:
6.3.3.1 12
months service from the date of commencement of employment as a retained
firefighter; and
6.3.3.2 the
training and/or training competencies specified, by the Commissioner on the advice
of the Training Review Committee, for such progression.
6.3.4 Progression of
Retained Firefighters from Level B retainer payment to Level A retainer payment
shall be subject to the satisfactory completion of:
6.3.4.1 24
months service from the date of commencement of employment as a retained
firefighter; and
6.3.4.2 the
training and/or training competencies specified, by the Commissioner on the
advice of the Training Review Committee, for such progression.
6.3.5 Progression from
Retained 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 competitive merit selection. Selection Committees shall
be constituted in accordance with the Recruitment and Employment Guidelines and
Procedures of the NSW. Public Service.
6.3.6 Progression of
Deputy Captains from Level B retainer payment to Level A retainer payment shall
be subject to the satisfactory completion of:
6.3.6.1 12
months service from the date of appointment as Deputy Captain; and
6.3.6.2 the
training and/or training competencies specified, by the Commissioner on the
advice of the Training Review Committee, for such progression.
6.3.7 Progression of
Captains from Level B retainer payment to Level A retainer payment shall be
subject to the satisfactory completion of:
6.3.7.1 12
months service from the date of appointment as Captain; and
6.3.7.2 the
training and/or training competencies specified, by the Commissioner on the
advice of the Training Review Committee, for such progression.
6.4 Employees
appointed as Unit Trainers shall receive payment at the rates prescribed at
Items G and I when delivering training at normal 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 subclause 6.5.2, 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.
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 - periods of attendance for the purpose of calculating payment
shall be calculated having regard to the provisions of subclause 6.8.
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 - 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 Standing
By - where an employee performs stand by duties in accordance with subclause
6.7, such employee shall receive a minimum payment of one hour. 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.
6.6 Attendance at
Authorised Meetings and Other 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 for
the time spent in attendance. Such authorised duties include, but are not
limited to, those duties that are set out in Table 3 - 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 3 must receive authorisation from
the relevant Captain, Inspector or higher ranking officer prior to the
performance of such duties.
6.7 Standing By for
Non-Available Staff
6.7.1 Where an employee
is required to stand by with a brigade to fill a vacancy created through the
non-availability of firefighting staff, retained or permanent, such employee
shall be paid at the rate prescribed at Entitlement Code L of Table 1 of Part B
of this Award for the period which elapses from the time the employee signed on
in the occurrence book of the stand by station, until the time such employee
signs off in the occurrence book of the stand by station. Provided that
employees who perform stand by 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 stand by.
6.7.2 Employees who
stand by 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 stand-by. 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
stand by duties, such employee shall be paid the rate per kilometre prescribed
at Entitlement Code "K" of Table 1 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 stand-by.
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
Captain the rate prescribed at Entitlement Code O of Table 1 of Part B of this
Award.
6.8.1.2 For
Deputy Captain, and Firefighter Levels A, B & C the rate prescribed at
Entitlement Code P of Table 1 of Part B of this Award.
6.8.2 The rates
prescribed in 6.8.1 above are all incidence of employment rates and, standing
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 at the Royal Easter Show. Provided
that, if an employee cannot attend for duty 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 attendance at the Royal Easter Show;
6.8.2.3 not be
entitled to any payment or compensation with respect to either meals (except as
provided for 6.8.4) and/or accommodation in connection with attendance at the
Royal Easter Show;
6.8.2.4 not be
entitled to the payment of overtime or downtime in connection with attendance
at the Royal Easter Show.
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 shall be treated as a period of authorised absence for the
purposes of subclause 28.2.
6.9 Overtime
6.9.1 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,
Standing By for Non-Available Staff or subclause 6.8, Attendance at the Royal
Easter Show.
6.9.2 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 Overpayments
6.10.1 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.
6.10.2 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.
6.10.3 The recovery rate
of 10% of an employee's gross fortnightly remuneration referred to in subclause
6.10.1, 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.
6.10.4 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
6.10.1, 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.
6.11 Payment of Monies
6.11.1 Employees shall be
paid fortnightly.
6.11.2 Payments shall be made
into a bank account specified by the employee, or other financial institutions
acceptable to the Department and Union.
6.12 Payroll
Deductions
6.12.1 Except as provided
for in subclause 6.12.2, all salary deductions shall be made in accordance with
Treasury Guidelines.
6.12.2 Upon application
by an employee, the Department shall make deductions from the employee's pay
for Union subscriptions.
6.13 Method of
Calculation of any Future Adjustment
6.13.1 In the event of
any future adjustment which is to be applied to the rates for Retainers, or
Rates of Pay, then subject to subclause 6.13.2, the formulae in the following
table shall be applied:
|
Type of Payment
|
Method of Calculation of Future Adjustment
|
|
Retainer
|
Add increase then round off to the nearest ten cents
|
|
Rate of Pay -
|
Multiply by 38, add the increase, round off to the nearest
10 cents,
|
|
1st Hour
|
then divide by 38 and round off to the nearest cent
|
|
Each subsequent Half-
|
Divide the "1st hour" rate by 2 and round off to
the nearest cent.
|
|
hour or part thereof
|
|
6.13.2 The formulae
prescribed in subclause 6.13.1 are not applicable in cases where a future
adjustment is a flat dollar amount per week. In the event of such a flat increase
occurring, any adjustments are to be made in accordance with the provisions
prescribed for the application of that increase.
7. Higher Duties
7.1 Except in the
case of a Deputy Captain performing Higher Duties as a Captain, the provisions
and procedures of this clause shall apply when an employee acts up and performs
Higher Duties. Provided that when a Deputy Captain performs Higher Duties as a
Captain, the Deputy Captain shall be paid for such duties in terms of subclause
7.3.
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 rate of pay and the minimum rate of pay for the
classification in which the Higher Duties are performed. Provided that the
difference between the employee’s retainer and the retainer 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.
7.4 In selecting
employees to perform Higher Duties the following procedures shall apply:
7.4.1 Where the period
of relief is to be less than one month, a merit based selection process need
not be applied. However, the Department shall have regard to the principles of
equitably sharing career development opportunities.
7.4.2 Where the period
of relief is to be more than one month and the need for the relief is known in advance,
expressions of interest shall be called for and selection made on the basis of
merit.
7.4.3 Where the need
for the relief is not known in advance, but it subsequently becomes known that
the duration of the relief is anticipated to be for two months or more, the
initial appointment shall be made in accordance with subclause 7.4.1. However,
immediately following that initial appointment expressions of interest are to
be called for and selection made on the basis of merit.
7.4.4 For the purposes
of this clause, merit shall be determined consistent with the principles and
processes underlying merit based selection in the NSW Public Service.
7.5 Attendance at an
Incident
7.5.1 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.
7.5.2 Except as
provided for in 7.5.1, the only other circumstances under which a Higher Duties
payment is to be made during an incident is in a case where the Captain of that
Brigade does not attend the incident. In such cases, only one employee shall be
entitled to a Higher Duties payment in terms of this clause and that employee
shall be the employee who was in charge of the incident 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 does not attend the incident.
7.5.3 For the purposes
of 7.5.2, the term "Captain" shall also mean "Acting
Captain" in cases where an employee was, during the period immediately
prior to the incident, the Acting 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:
8.1.2.1 In the
GSA, Newcastle, Broken Hill, Wollongong, Gosford and Wyong Fire Districts,
refreshments shall be provided no later than two hours after the start of the
incident.
8.1.2.2 In all
other Fire Districts, refreshments shall be provided as soon as possible after
two hours but no later than three 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 "N" of Table 1 of Part B, shall be
paid.
8.2.2 Where meals are not
provided in terms of subclause 8.1.3, the Meal Allowance set at Entitlement
Code "M" of Table 1 of Part B, shall be paid.
8.3 Method of
Payment of Allowances in Lieu of Refreshments/Meals
8.3.1 The payments
referred to in this clause shall, subject to 8.3.1.1, be made prior to or at
the cessation of duty.
8.3.1.1 In
cases where the Officer-in-Charge is not, or due to circumstances beyond his or
her control does not have sufficient funds available to make payment, the
employee shall be paid at the earliest practicable opportunity after the
cessation of duty.
8.4 Calculation of
Future Adjustments to Refreshments/Meal Allowances
8.4.1 The allowances
referred to in this clause shall be calculated as follows:
8.4.1.1 The
Meal Allowance at Entitlement Code "M" of Table 1 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.
8.4.1.2 The
Refreshment Allowance at Entitlement Code "N" of Table 1 of Part B,
is half, rounded to the nearest five cents, of the amount at Entitlement Code
"M" of Table 1 of Part B.
8.4.1.3 The
amounts specified in subclauses 8.4.1.1 and 8.4.1.2 shall be re-calculated and
shall take effect from the same date, as any adjustments made to the overtime
meal allowances for breakfast, lunch and dinner allowances in the Crown
Employees (Public Service Conditions of Employment) Award 2002.
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
"K" of Table 1 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; 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 "K" of Table 1 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 "K" of Table 1 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 "K" of Table 1 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.
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 payments made as compensation or reimbursement
for expenses (eg. payments for meals, accommodation and for kilometres
travelled).
10.6 An employee who
is directed to return to duty in the case of an emergency whilst on annual
leave, shall have any day or part thereof recredited.
10.7 An employee shall
be paid in advance for a period of approved annual leave, providing such
employee has given a minimum of six weeks written notice of the date on which
the leave is to commence.
11. Compassionate Leave
11.1 An employee,
other than a casual employee, shall be entitled to up to two days compassionate
leave without deduction of pay, on each occasion of the death of a person as
prescribed in subclause 11.3 of this clause.
11.2 The employee must
notify the employer as soon as practicable of the intention to take
compassionate leave and will, if required by the employer, provide to the
satisfaction of the employer proof of death.
11.3 Compassionate
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer’s leave as set out in
subparagraph 15.1.3.2 of clause 15, Personal/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 ten 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 the Department, excluding 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, Paternity 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 Paternity Leave is
leave taken by a male 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 Paternity 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. Paternity
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 paternity 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 Paternity leave referred to in 14.2.6.1, all
male employees shall be entitled to a further period of unpaid Paternity leave
in order to be the primary care-giver of the child (extended paternity leave),
provided that the total period of absence on Paternity 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 Paternity 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 Service or within a Public Sector organisation listed
in the schedules attached to the Transferred Officers Extended Leave Act 1961,
and in Appendices A and B contained in the Personnel Handbook published by the DPE.
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 Paternity Leave -
The notices and documents to be given to the Commissioner for the purposes of
taking Paternity Leave are as follows:
14.4.2.1 In the
case of extended Paternity 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 paternity 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 his spouse.
14.4.2.4.2 That he
is seeking that period of extended Paternity 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 Paternity 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 Paternity 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
paternity 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 payments made as compensation or
reimbursement for expenses (eg. payments for meals, accommodation and for
kilometres travelled).
14.13.2 Payment
to eligible employees for the fourteen (14) weeks on full pay or twenty-eight
(28) weeks on half pay paid Adoption Leave may be made:
14.13.2.1 In
advance in a lump sum.
14.13.2.2 On a
normal fortnightly basis.
14.13.2.3 Payment
for such period of leave shall be calculated on the weekly average of the total
amount paid by the Department to the employee for the twelve months immediately
prior to the date on which leave is commenced excluding any periods of Special
Leave Without Pay, unpaid leave and/or suspension. For the purposes of this
subclause "total amount" shall include all payments made to the
employee by the Department excluding payments made as compensation or
reimbursement for expenses (eg. payments for meals, accommodation and for
kilometres travelled).
14.14 Commissioner's
Obligations
14.14.1 Information
to Employees - On becoming aware that an employee (or an employee's spouse) is
pregnant, or that an employee is adopting a child, the Commissioner must inform
the employee of:
14.14.1.1 The employee's
entitlements to Parental Leave under this clause.
14.14.1.2 The
employee's obligations to notify the Commissioner of any matter under this
clause.
14.14.2 Records
- The Commissioner must keep for at least six years, a record of Parental Leave
granted under this clause to employees and all notices and documents given
under this clause by employees or the Commissioner.
14.15 Termination of
Employment because of Pregnancy etc
14.15.1 The
Commissioner must not terminate the employment of an employee because:
14.15.1.1 The
employee is pregnant or has applied to adopt a child.
14.15.1.2 The
employee has given birth to a child or has adopted a child.
14.15.1.3 The
employee has applied for, or is absent on Parental Leave, but otherwise the
rights of the Commissioner in relation to termination of employment are not
affected by this clause.
14.15.2 For the
purposes of establishing such a termination of employment, it is sufficient if
it is established that the alleged reason for termination was a substantial and
operative reason for termination.
14.15.3 This
clause does not affect any other rights of a dismissed employee.
14.16 Replacement
Employees
14.16.1 A
replacement employee is a person who is specifically employed as a result of an
employee proceeding on Parental Leave (including as a replacement for an
employee who has been temporarily promoted or transferred in order to replace
the employee proceeding on parental leave).
14.16.2 Before a
replacement employee is employed, the Commissioner must inform the person of
the temporary nature of the employment and of the rights of the employee on
Parental Leave to return to work.
14.16.3 A
reference in this clause to an employee proceeding on leave includes a
reference to a pregnant employee exercising a right to be transferred to a safe
job.
14.17 Transfer to a
Safe Job
14.17.1 This
subclause applies whenever the present work of a female employee is, because of
her pregnancy or breastfeeding, a risk to the health or safety of the employee or
of her unborn or new born child. The assessment of such a risk is to be made on
the basis of a medical certificate supplied by the employee and of the
obligations of the Commissioner under the Occupational Health and Safety Act
2000.
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 paragraph
14.21.1.
15. Personal/Carer's
Leave
15.1 Use of Sick Leave
15.1.1 An employee, other
than a casual 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 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 same
sex partner who lives with the employee as the de facto partner of that
employee on a bona fide domestic basis.
15.1.3.2.5 A
relative of the employee who is a member of the same household where, for the
purposes of this subclause:
15.1.3.2.5.1 "Relative"
means a person related by blood, marriage or affinity.
15.1.3.2.5.2 "Affinity"
means a relationship that one spouse, because of marriage, has to blood
relatives of the other.
15.1.3.2.5.3 "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 Such employee
shall forward to the Officer-in-Charge of the station to which the employee is
attached, a medical certificate or such other documentation as the Department
determines to be sufficient stating the nature of the illness or
incapacity. Before being entitled to
resume duty, the employee must 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 payments made as compensation
or reimbursement for expenses (eg. payments for meals, accommodation and for
kilometres travelled).
16.7 Where payment has
been made for sick leave, under this clause, to an employee whose sick leave
entitlement has already been exhausted, or whose right to sick leave is not
established, the Department may deduct the amount overpaid from any future
payments made to the employee concerned in accordance with the provisions of
subclause 6.10.
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 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; and
17.1.1.3 Meetings
of the Union's Executive/Committee of Management.
17.1.14 Annual
conference of Unions NSW.
17.1.1.5 Bi-annual
conference of the Australian Council of Trade Unions.
17.1.2 While there is no
limit on special leave for Union activities, such leave is to be kept to a
minimum and is subject to the employee:
17.1.2.1 Establishing
accreditation as a delegate with the Union.
17.1.2.2 Providing
sufficient notice of absence to the Department.
17.1.2.3 Lodging
a formal application for special leave.
17.1.3 Such leave is also
subject to the Union:
17.1.3.1 Providing
documentary evidence to the Department about an accredited delegate in
sufficient time to enable the Department to make arrangements for performance
of duties.
17.1.3.2 Meeting
all travelling, accommodation and any other costs incurred for the accredited
delegate.
17.1.3.3 Providing
the Department with confirmation of attendance of the accredited delegate.
17.1.4 Providing the
provisions of this clause are satisfied by both the employee and the Union, the
Department shall:
17.1.4.1 Release
the accredited delegate for the duration of the conference or meeting.
17.1.4.2 Grant
special leave (with pay).
17.1.4.3 Ensure
that the duties of the absent delegate are performed in his/her absence, if appropriate.
17.1.5 Period of Notice -
17.1.5.1 Generally,
dates of conferences or meetings are known well in advance and it is expected
that the Department would be notified as soon as accreditation has been given
to a delegate, or at least two weeks before the date of attendance.
17.1.5.2 Where
extraordinary meetings are called at short notice, a shorter period of notice
would be acceptable, provided such notice is given to the Department as soon as
advice of the meeting is received by the accredited delegate.
17.1.6 Travel Time -
17.1.6.1 Where a
delegate has to travel to Sydney, inter or intra State, to attend a conference
or meeting, special leave will also apply to reasonable travelling time to and
from the venue of the conference or meeting.
17.1.7 Payment
17.1.7.1 An
employee entitled to Special Leave in terms of this clause shall, for the
period of such Special Leave, be deemed to have attended any incident, drill or
other authorised duties which occurred at the employee’s Brigade during such
leave, and be paid accordingly.
17.1.8 Special Leave in
terms of this clause shall count as service for all purposes.
17.1.9 Availability of
Special Leave -
17.1.9.1 Special
Leave shall not be available to employees whilst they are on any period of other
leave.
17.2 Attendance at
Courses/Seminars Conducted or Supported by Trade Union Education Foundation
(TUEF).
17.2.1 Except
where inconsistent with the provisions of subclause 17.2, the provisions of
subclause 17.1 of this clause shall also apply to attendance at courses or
seminars conducted or supported by TUEF.
17.2.2 Up to a
maximum of twelve days in any period of two years may be granted to employees
who are members of the Union.
17.2.3 The grant
of leave to attend courses or seminars conducted or supported by TUEF, is
subject to the following conditions:
17.2.3.1 Departmental
operating requirements permit the grant of leave and the absence does not
result in working of overtime by other employees.
17.2.3.2 Expenses
associated with attendance at such courses or seminars, eg. fares,
accommodation, meal costs, etc., will be required to be met by the employee
concerned but, subject to the maximum prescribed in subclause 17.2.2., special
leave may include travelling time necessarily required to attend courses or
seminars.
17.2.3.3 Applications
for leave must be accompanied by a statement from the Union that it has
nominated the employee concerned for such a course or seminar and supports the
application.
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.
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
"K" of Table 1 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 2 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 2 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 2 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 2 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 2 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 2 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 in respect of the Sydney telephone district only as
defined by Telstra Corporation Ltd.
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 2, 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 special leave to return
home from a temporary work location, the employee shall be reimbursed for the
cost of the return rail fare or, if a first class rail service is reasonably
available, the cost of a first class return rail fare. 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 "K" of
Table 1 of Part B, for the actual distance necessarily and reasonably
travelled. Employees in receipt of the rate set at Entitlement Code
"K" of Table 1 of Part B, shall not be entitled to the provisions of
subclause 20.1, Travelling Time.
20.5.5.3 Employees
who are required to utilise public transport shall be reimbursed the necessary
costs incurred.
20.5.5.4 The
Commissioner is to consider the convenience of the employee when an employee is
required to travel to a temporary work location.
20.5.5.5 Unless special
circumstances exist, the employee's work, the mode of transport used and the
employee's travel itineraries are to be organised and approved in advance so
that compensation for travel time and payment of allowances is reasonably
minimised.
20.5.6 Where a meal
allowance or an accommodation allowance is insufficient to adequately reimburse
the employee for expenses properly and reasonably incurred, a further amount
may be paid so as to reimburse the employee for the additional expenses
incurred, subject to the following:
20.5.6.1 The
Commissioner may require the production of receipts or other proof that
expenditure was incurred.
20.5.6.2 If any
expense in respect of which an allowance is payable was not properly and
reasonably incurred by the employee in the performance of official duties,
payment of the allowance may be refused or the amount of the allowance may be
reduced.
20.5.6.3 If any
purported expense was not incurred by the employee, payment of the allowance
may be refused or the amount of the allowance may be reduced.
20.6 Claims - Claims
should be submitted promptly, i.e., within one month from the completion of the
work or within such time as the Commissioner determines.
20.6.1 The
Commissioner may approve applications for advance payments of travelling and
sustenance allowances. Such applications should detail the appropriate
expenditure anticipated and be in accordance with In Orders 1982/34.
20.6.2 In
assessing claims for travelling time and payment of allowances, reference
should be made to the time that might reasonably have been taken by the
particular mode of transport used. Provided that where an employee can
demonstrate that the use of the means of transport proposed by the Department
is unreasonable in the circumstances, the employee may apply to the
Commissioner for a review of the Department's decision. Where an employee does
not wish to use the means of transport proposed by the Department, eg. air
travel as against train or car travel, travelling time and allowances should be
assessed on the basis that the most practical and economical means of transport
is used.
20.6.3 Where
an allowance is payable at a daily rate and a claim is made for a portion of
the day, the amount to be paid is to be calculated to the nearest half hour.
20.7 The amounts set
at Items 1 to 7 in Table 2 of Part B, shall be adjusted in line with the
allowances prescribed in the Crown Employees (Public Service Conditions of
Employment 2002) Award, in the same amounts and from the same dates.
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 Volunteer
Brigade to another Volunteer 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 Volunteer Brigade to another Volunteer Brigade shall not be
entitled to compensation or reimbursement of expenses in relation to that
transfer.
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 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.
22.4
22.4.1 No
report about an employee shall be placed on the records or papers relating to
that employee unless the employee concerned has been shown the said report.
22.4.2 If the
employee disagrees with the report, the employee shall be entitled to make such
a notation on the report.
22.4.3 Evidence
that the employee has been shown the report will be by either the employee's
signature thereon, or in accordance with subclause 22.4.4.
22.4.4 Where
an employee refuses to sign the report, such refusal shall immediately be noted
upon the report by the Senior Officer handling the report. In such cases, the
Senior Officer will advise the employee that the refusal to sign will be noted
on the report and that the report, together with such notation, will be placed
on the records or papers relating to that employee.
22.4.5 Further
to subclause 22.4.4, in such circumstances, the Department will notify the
Union in writing, within seven days of such refusal and the Union shall be
given an opportunity of replying to the report.
22.4.6 If the
employee so desires, any written response from either the employee or the Union
shall also be placed amongst the records or papers relating to the employee or
noted thereon.
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 an acknowledgment of its receipt, 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 to
the employee.
23.3 The provisions of
this clause shall not apply in cases where other procedures are specifically
stipulated (eg. in Standing Orders or In 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.
Training Review Committee (TRC)
24.5 The TRC shall
provide advice to the Commissioner on an effective and equitable system of
training in the NSW Fire Brigades using the principles of Competency Based
Training.
24.6 The structure of
the TRC will consist of 3 representatives of the Department and 3
representatives of the Union.
24.7 The Chairperson
of the Committee will alternate every 12 months between a nominee of the
Department and the Union.
24.8 The role of the
TRC will include (but not be limited to):
24.8.1 advising the
Commissioner on the further development of training throughout the NSW Fire
Brigades;
24.8.2 overseeing the
implementation of a Competency Based Training regime throughout the NSW Fire
Brigades;
24.8.3 considering
Recognised Prior Learning (RPL) policy generally and in particular, it will
consider individual applications for RPL.
24.9 Procedure
24.9.1 The TRC will meet
at least once every four weeks.
24.9.2 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.
24.9.3 The TRC will be
adequately resourced by the Department so that it can effectively fulfil the
above roles.
24.9.4 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 the NSW Fire Brigades 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, 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 a reasonable supply of
spare Personal Protective Equipment.
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. This clause
applies to consultation and decisions regarding clause 6 (Rates of Pay and
Allowances), clause 24 (Training and Staff Development) and clause 30 (Drug and
Alcohol Protocol), to the exclusion of the procedures under clause 26.
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 until the Industrial Relations
Commission determines the matter or orders otherwise.
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.
27.10 The operation of
this clause shall be reviewed at the end of one year from the date of its
commencement, for the purpose of considering whether any amendments are
appropriate.
28. Attendance
Requirements at Incidents and Drills
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
who, by virtue of their primary form of employment, are day workers are
required to attend a minimum of 50% of all night and weekend calls received by
the employee’s brigade in any six month period.
28.1.1.2 Employees
who, by virtue of their primary form of employment, are shift workers are required
to attend a minimum of 33% of all calls received by the employee’s brigade in
any six month 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 period of
approved leave or authorised absence shall be excluded when determining an
employee’s levels of attendance.
28.3 In cases where an
employee’s attendance falls below the requirements prescribed by subclause
28.1, the following procedures are to apply:
28.3.1 The Officer in
Charge of the station to which the employee is attached, shall discuss the
matter with the employee concerned. The employee may be informed that his/her
attendance will be monitored over the next 3 months.
28.3.2 If the employee's
attendance does not meet the required levels for the 3 month period outlined in
28.3.1, the employee's Regional Commander shall notify the employee in writing
of such deficiency. The employee shall be given a further 3 month period to
improve his/her attendance levels, before any further action may be taken.
28.4 Employees who
have been notified in terms of 28.3.1 and/or 28.3.2 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 "Day
worker" means for the purposes of this clause, a worker who consistently
works his/her ordinary hours from Monday to Friday inclusive and who commences
work on such days at or after 6:00 am and before 10:00 am.
28.7 "Shift
worker" means for the purposes of this clause, a worker who is not a day
worker as defined in subclause 28.6.
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 "K" of Table 1 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 27.2.1 or 27.2.2 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 2 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 "M" of Table 1 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. Drug and Alcohol
Protocol
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.
30.2 The Department
may develop a new Protocol 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 DPE; and
31.3.2 an amount
equal to the difference between the employee’s salary, and the amount specified
by the DPE 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 DPE 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 DPE 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. Area, Incidence
and Duration
34.1 This Award
rescinds and replaces the Crown Employees (NSW Fire Brigades Retained Firefighting
Staff) Award 2005 published 15 July 2005 (352 I.G. 424) as varied and the Crown
Employees (NSW Fire Brigades Retained Firefighting Staff) Interim Award 2008
made 10 April 2008.
34.2 This Award shall
take effect on and from 18 June 2008 and shall remain in force until 17 June
2011.
35. Leave Reserved
Leave is reserved to the Union to make application in
respect of those employees who may be allocated a designated Community First
Responder role.
PART B
MONETARY RATES
Table 1 - Payment
Entitlement Codes
The following rates of pay are effective from the beginning
of the first pay period to commence on or after the date shown.
|
Clause No.
|
Description
|
Code
|
1 April
|
29 Aug.
|
18 June
|
18 June
|
|
|
|
|
2008
|
2008
|
2009
|
2010
|
|
|
|
|
$
|
$
|
$
|
$
|
|
6.3
|
Fortnightly Retainer Captain A
|
A
|
210.70*
|
99.00
|
103.00
|
107.10
|
|
6.3
|
Fortnightly Retainer Captain B
|
B
|
190.10*
|
89.20
|
92.80
|
96.50
|
|
|
Deputy Captain A
|
|
|
|
|
|
|
6.3
|
Fortnightly Retainer Deputy
|
C
|
142.90*
|
67.00
|
69.70
|
72.50
|
|
|
Captain B
|
|
|
|
|
|
|
6.3
|
Fortnightly Retainer Firefighter
|
D
|
108.50*
|
50.90
|
52.90
|
55.00
|
|
|
A
|
|
|
|
|
|
|
6.3
|
Fortnightly Retainer Firefighter
|
E
|
81.20*
|
38.10
|
39.60
|
41.20
|
|
|
B
|
|
|
|
|
|
|
6.3
|
Fortnightly Retainer Firefighter
|
F
|
54.30*
|
25.50
|
26.50
|
27.60
|
|
|
C
|
|
|
|
|
|
|
6.3
|
1st Hour Captain
|
G
|
28.83
|
29.42
|
30.60
|
31.82
|
|
6.3
|
1st Hour Deputy Capt.
|
H
|
24.98
|
25.49
|
26.51
|
27.57
|
|
|
Firefighter Levels A,B,C
|
|
|
|
|
|
|
6.3
|
Each Subsequent half hour or
|
I
|
14.42
|
14.71
|
15.30
|
15.91
|
|
|
part Captain
|
|
|
|
|
|
|
6.3
|
Each Subsequent half hour or
|
J
|
12.49
|
12.75
|
13.26
|
13.79
|
|
|
part Deputy Capt. Firefighter
|
|
|
|
|
|
|
|
Levels A,B,C
|
|
|
|
|
|
|
6.7.3, 9.1.1,
|
Kilometre Allowance
|
K
|
0.95
|
0.97
|
1.01
|
1.05
|
|
9.2.1, 9.2.3,
|
|
|
|
|
|
|
|
9.3.1, 20.1,
|
|
|
|
|
|
|
|
20.5.5 & 29.2
|
|
|
|
|
|
|
|
6.7.1
|
Stand By Rate per hour
|
L
|
55.53
|
56.67
|
58.94
|
61.30
|
|
8.2.2 &
|
Meal Allowance
|
M
|
23.60
|
23.60
|
23.60
|
23.60
|
|
29.4.2
|
|
|
|
|
|
|
|
8.2.1
|
Refreshment Allowance
|
N
|
11.80
|
11.80
|
11.80
|
11.80
|
|
6.8.1.1
|
Royal Easter Show Captain per
|
O
|
44.36
|
45.27
|
47.08
|
48.96
|
|
|
hour
|
|
|
|
|
|
|
6.8.1.2
|
Royal Easter Show Deputy
|
P
|
38.43
|
39.21
|
40.78
|
42.41
|
|
|
Capt, Firefighter Levels A, B,
|
|
|
|
|
|
|
|
C, per hour
|
|
|
|
|
|
* To be paid monthly
Table 2 - Travelling Compensation Allowances
|
Item
|
Clause
|
Description
|
Unit
|
On and from 1 July 2008
|
|
No
|
No.
|
|
|
|
|
1
|
20.2.1
|
Breakfast
|
Per meal
|
##
|
^^
|
|
|
|
|
|
21.10
|
18.85
|
|
2
|
20.2.2
|
Lunch
|
Per meal
|
##
|
^^
|
|
|
|
|
|
|
23.65
|
21.55
|
|
|
3
|
20.2.3
|
Dinner
|
Per meal
|
##
|
^^
|
|
|
|
|
|
|
40.65
|
37.15
|
|
|
4
|
20.3.1
|
Accommodation first 35 days (includes
|
Per day
|
|
|
|
|
|
all meals)
|
|
|
|
|
|
|
- Capital Cities
|
|
$284.30 Sydney
|
|
|
|
|
|
|
$246.30 Adelaide
|
|
|
|
|
|
|
$299.30 Brisbane
|
|
|
|
|
|
|
$234.30 Canberra
|
|
|
|
|
|
|
$260.30 Darwin
|
|
|
|
|
|
|
$218.30 Hobart
|
|
|
|
|
|
|
$263.30 Melbourne
|
|
|
|
|
|
|
$249.30 Perth
|
|
|
|
|
|
|
|
|
|
|
|
- High Cost Country Centres
|
|
$209.30 Maitland
|
|
|
|
|
|
|
$217.80 Newcastle
|
|
|
|
|
|
|
$216.30 Port Macquarie
|
|
|
|
|
- Tier 2 Country Centres
|
|
|
|
|
|
|
|
|
$199.45 Bathurst
|
|
|
|
|
|
|
$199.45 Broken Hill
|
|
|
|
|
|
|
$199.45 Dubbo
|
|
|
|
|
|
|
$199.45 Orange
|
|
|
|
|
|
|
$199.45 Wagga Wagga
|
|
|
|
|
|
|
$199.45 Wollongong
|
|
|
|
|
|
|
|
|
|
|
|
- Other Country Centres
|
|
$182.45
|
|
|
5
|
20.3.2 &
|
Actual Necessary Expenses - all locations
|
Per day
|
$15.90
|
|
|
|
29.3.3
|
|
|
|
|
|
6
|
20.3.3
|
Accommodation - after first 35 days and
|
Per day
|
50% of the appropriate
|
|
|
|
|
up to 6 mths
|
|
location rate
|
|
|
7
|
20.4
|
Incidental Expenses
|
Per day
|
$15.90
|
|
|
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.
|
Table 3 -
Authorised Duties
|
|
|
Attendance at:
|
|
Bushfire Management Committee Meetings
|
|
Local/District Emergency Management Committee Meetings
|
|
Local Government Meetings
|
|
Zone/Regional conferences and information days
|
|
Other such meetings as authorised by the Dept.
|
|
|
|
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 NSWFB 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
normal drill program
|
|
|
|
Hydrant Inspections
|
|
|
|
Pre-incident planning exercises
|
M. J. WALTON J,
Vice-President.
T. M. KAVANAGH J.
J. P. GRAYSON D.P.
____________________
Printed by the
authority of the Industrial Registrar.