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New South Wales Industrial Relations Commission
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Crown Employees (Fire and Rescue NSW Retained Firefighting Staff) Award 2016
  
Date02/19/2016
Volume379
Part1
Page No.101
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C8518
CategoryAward
Award Code 700  
Date Posted02/19/2016

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(700)

SERIAL C8518

 

Crown Employees (Fire and Rescue NSW Retained Firefighting Staff) Award 2016

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by New South Wales Fire Brigade Employees Union, Industrial Organisation of Employees.

 

(No. IRC 1045 of 2015)

 

Before Commissioner Murphy

5 February 2015

 

AWARD

 

Part A

 

1. Introduction

 

1.1 This Award shall be known as the Crown Employees (Fire and Rescue NSW Retained Firefighting Staff) Award 2016.

 

1.2 This Award regulates the rates of pay and conditions of employment for employees covered by this Award.

 

1.3 All references in this Award to Firefighter, Deputy Captain or Captain shall also be taken to be a reference to CFR Firefighter, CFR Deputy Captain and CFR Captain respectively and vice versa, excepting for Table 2 of Part B and any other specific reference to CFR in this Award.

 

2. Index

 

Clause No. Subject Matter

 

1. Introduction

2. Index

3. Basic Wage

4. Definitions

5. Intentions and Commitments

6. Rates of Pay and Allowances

7. Higher Duties

8. Meals and Refreshments

9. Use of Personal Transport

10. Annual Leave

11. Compassionate Leave

12. Long Service Leave

13. Military Leave

14. Parental Leave

15. Carer’s Leave

16. Sick Leave

17. Special Leave for Union Activities

18. Court Attendance Entitlements

19. Training Course Attendance Entitlements

20. Travelling Compensation

21. Transfers

22. Procedures Regarding Reports and Charges

23. Acknowledgment of Applications and Reports

24. Training and Staff Development

25. Protective Clothing and Uniforms

26. Disputes Avoidance Procedures

27. Organisational Change under clause 27.2

28. Attendance and Availability Requirements

29. Attendance at Major Emergencies

30. Alcohol and Other Drugs

31. Salary Packaging Arrangements, including Salary Sacrifice to Superannuation

32. Employees’ Duties

33. Anti-Discrimination

34. No Extra Claims

35. Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Retainers

Table 2 - Rates of Pay

Table 3 - Allowances

Table 4 - Authorised Duties

Table 5 - Travelling Compensation Allowances

 

3. Basic Wage

 

3.1 This Award, in so far as it fixes rates of pay, is made by reference and in relation to the adult basic wage currently in force under the said Clause 15 of Division 4 of Part 2 of Schedule 4, Savings, Transitional and other provisions, of the Industrial Relations Act 1996.

 

4. Definitions

 

“Brigade” for the purposes of this Award means any individual brigade of Fire and Rescue NSW constituted under the Fire Brigades Act 1989.

 

“Commissioner” means Commissioner of the Department holding office as such under the Government Sector Employment Act 2013.

 

“CFR” means Community First Responder, the medical first response role performed by CFR firefighters as at 21 June 2012 in support (but not in lieu) of the Ambulance Service of NSW.

 

“CFR Brigade” means any Brigade that is designated as such by Fire & Rescue NSW from time to time and such designation may be attached or withdrawn following consultation with the Union.

 

“CFR firefighter” means an employee who is both attached to a CFR Brigade and who is qualified to undertake CFR duties. Any retained firefighter attached to a CFR Brigade may request CFR training and then shall be provided with such training as soon as practicable. Any CFR firefighter may at any time elect to relinquish their CFR qualification and classification.

 

“Department” means Fire and Rescue NSW established by the Fire Brigades Act 1989 and as a Public Service Executive Agency under Schedule 1 of the Government Sector Employment Act 2013.

 

“Emergency Meal” means a Long Life Meal Pack supplied when the provision of a Substantial Meal is not practicable, the basis of which shall be a self-heating 320g meal that is generally meat based (except for special diet packs such as vegetarian or vegan packs) and shall also include one dried fruit or fruit and nut mix (Sunbeam Fruit and Nut 40g, Fruit on the Go 50g, or similar) and one cheese and biscuits (Uncle Tobys Le Snak Cheddar Cheese 20g, or similar) or one fruit pack (Goulburn Valley no added sugar 220g, or similar) and one 100% fruit juice box (Just Juice 250 ml, or similar).

 

“Employee” means a person classified by the Department as a Retained Firefighter and appointed as a 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 Fire and Rescue NSW.

 

“Merit selection” means a fair, transparent, impartial process that assesses the merit of all applicants so that the employee selected is the applicant who is the most suitable to perform the duties of the vacant position.

 

“Refreshments” means tea bags, instant coffee, boiling water, sugar, long life milk, two biscuits and one cereal bar (any bar from the following list: K Time Twists 37 g bar, All-Bran Baked Bars 40g bar, Uncle Tobys Crunchy Muesli Bars Apricot, Uncle Tobys Fruit Twist – Apple and Pear, or similar) or one Goulburn Valley or similar fruit pack 220 g (no added sugar) and one liquid meal drink (any drink from the following list: Sustagen Sport 250 ml, Up and Go 250 ml, or similar) or one carbohydrate/electrolyte beverage (Sqwincher Qwik Serv 42g sachet, or similar).

 

“Retainer” means the relevant amount set out at the Entitlement Codes at subclause 6.3.1.1 that is paid per fortnight to employees in accordance with their classification, less the fortnightly equivalent of any contribution required pursuant to the Crown Employees (NSW Fire Brigades Firefighting Staff Death and Disability) Award 2012 or its successors.

 

“Service” for the purposes of determining leave entitlements, means continuous service.

 

“Special Leave Without Pay” means a period of approved unpaid leave during which the employee’s retainer shall be unaffected.

 

“Substantial Meal” means a meal identified in the Department’s Incident Ground Meals Guide, as published at the date of the making of this Award, or a meal of a similar nutritional and sensory quality standard.

 

“Union” means the Fire Brigade Employees’ Union of New South Wales.

 

5. Intentions and Commitments

 

5.1 The intention of this Award is to regulate the rates of pay and conditions of employment for employees covered by this Award.

 

5.2 The specific commitment in relation to this Award is for the parties to jointly investigate, agree upon and ensure the introduction of a software application that shall be used by all employees in receipt of the RTAAS Allowance to declare their compulsory availability and, if they elect, any additional availability that they may wish to declare, and to monitor their brigade’s availability on both a projected and real-time basis.

 

6. Rates of Pay and Allowances

 

6.1 Rates of pay and Retainers shall be paid in accordance with the Entitlement Codes for an employee’s classification, as prescribed in subclause 6.3.1. The monetary amounts corresponding to the Entitlement Codes are as set out in Tables 1 and 2 of Part B, Monetary Rates.

 

6.2 The Retainers are paid in recognition of and compensation for the attendances and periods of declared availability required of employees by Clause 28, and include a loading in compensation for:

 

6.2.1 Annual leave loading.

 

6.2.2 The driving and operating of all vehicles operated by appropriately qualified employees as at 30 September 1999 and rescue and hazmat vehicles outside the GSA and the Newcastle, Lake Macquarie, Wollongong, Shellharbour, 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 Retainers, Rates of Pay and Classifications

 

6.3.1 Entitlement Codes

 

6.3.1.1 Firefighter Retainers

 

 

Retainer Level

Compulsory

Entitlement Code

 

 

availability per week

 

 

 

 

 

 

 

 

Standard Retainers (anytime, any day of the week)

Recruit Firefighter,

Base

24 hours

A

Firefighter

50%

48 hours

B

and CFR Firefighter

75%

72 hours

C

 

100%

96 hours

D

 

 

 

Weekday Retainers (between 0600 hours and 1800 hours,

 

Monday to Friday only)

 

50%

30 hours

B

 

75%

40 hours

C

 

100%

50 hours

D

 

6.3.1.2 Deputy Captain Retainers

 

 

Retainer Level

Compulsory

Entitlement Code

 

 

availability per week

 

 

 

 

 

 

 

 

Standard Retainers (anytime, any day of the week)

Deputy Captain

Base

24 hours

E

and

50%

48 hours

F

CFR Deputy

75%

72 hours

G

Captain

100%

96 hours

H

 

 

 

Weekday Retainers (between 0600 hours and 1800 hours,

 

Monday to Friday only)

 

50%

30 hours

F

 

75%

40 hours

G

 

100%

50 hours

H

 

6.3.1.3 Captain Retainers

 

 

Retainer Level

Compulsory availability

Entitlement Code

 

 

per week

 

 

 

 

Standard Retainers (anytime, any day of the week)

Captain

Base

24 hours

I

and

50%

48 hours

J

CFR Captain

75%

72 hours

K

 

100%

96 hours

L

 

 

 

Weekday Retainers (between 0600 hours and 1800 hours,

 

Monday to Friday only)

 

50%

30 hours

J

 

75%

40 hours

K

 

100%

50 hours

L

 

6.3.1.4 Hourly Rates

 

Classification

1st Hour

 

 

 

Each subsequent half-hour

 

 

or part thereof

Recruit Firefighter

M

N

Firefighter

O

P

CFR Firefighter

Q

R

Deputy Captain

S

T

CFR Deputy Captain

U

V

Captain

W

X

CFR Captain

Y

Z

 

6.3.2

 

Transitional arrangements

 

6.3.2.1 Employees who on 29 May 2014 held the classification of Firefighter C and who commenced employment on or after 1 Janaury 2014 shall on and from 30 May 2014 be re-classified as Recruit Firefighter.

 

6.3.2.2 Employees who on 29 May 2014 held the classification of Firefighter C and who commenced employment prior to 1 Janaury 2014 shall on and from 30 May 2014 be re-classified as Firefighter.

 

6.3.2.3 Employees who on 29 May 2014 held the classification of Firefighter A or Firefighter B or CFR Firefighter A, CFR Firefighter B or CFR Firefighter C shall on and from 30 May 2014 be re-classified as Firefighter or CFR Firefighter respectively.

 

6.3.2.4 Employees who on 29 May 2014 held the classification of Deputy Captain A or B or CFR Deputy Captain A or B shall on and from 30 May 2014 be re-classified as Deputy Captain or CFR Deputy Captain respectively.

 

6.3.2.5 Employees who on 29 May 2014 held the classification of Captain A or B or CFR Captain A or B shall on and from 30 May 2014 be re-classified as Captain or CFR Captain respectively.

 

6.3.2.6 Once re-classified, all employees shall commence on the Base level of the Standard Retainer for their classification.

 

6.3.3 All new employees shall commence employment in the classification of Recruit Firefighter and on the Base level of the Standard Retainer, and shall not progress to a higher and/or Weekday Retainer other than in accordance with subclause 6.3.6.

 

6.3.4 Progression from Recruit Firefighter to Firefighter shall be subject to six (6) months service from the date of commencement as a Recruit Firefighter and to the satisfactory completion of the training and/or training competencies specified, by the Commissioner on the advice of the Training Review Committee, for progression to Firefighter.

 

6.3.4.1 Failure to achieve progression to Firefighter within a reasonable time, will result in the employee being considered unsuitable for continued employment, and the employment of such an employee will be terminated accordingly. In such circumstances, the Department will advise the Union that the services of the employee are to be terminated.

 

6.3.4.2 The reference to “reasonable time” in subclause 6.3.4.1 means a period in excess of six (6) months. The excess time to be allowed shall be determined by the Commissioner after taking into account all the circumstances of the case of the employee concerned.

 

6.3.5 Progression from Firefighter to Deputy Captain or Captain, or from Deputy Captain to Captain shall in each case be subject to a vacancy and shall be determined solely on the basis of merit selection.

 

6.3.6 Progression from one Standard Retainer to any higher Standard Retainer, or from one Standard Retainer to any Weekday Retainer, or from one Weekday Retainer to any higher Weekday Retainer shall be subject to the occurrence of a vacancy and shall be determined solely on the basis of merit selection. The number of higher and/or Weekday Retainers available at any brigade (if any) will remain solely at the Department’s discretion and subject to expansion or reduction pursuant to subclause 6.3.7.

 

6.3.7 6.3.7.1 An employee who applies for and is subsequently appointed to a higher Standard Retainer and/or a Weekday Retainer may be transferred to a lower Retainer, either Standard or Weekday, without the employee’s consent provided; firstly, that the Department provides the employee(s) concerned with at least one month’s written notice of such transfer; and secondly, that such transfers are applied as equitably within the brigade as reasonably possible in the circumstances; and thirdly, that the employee’s transfer is not a consequence of disciplinary action, in which case neither of the preceding requirements will apply and the transfer may be affected immediately.

 

6.3.7.2 An employee’s Retainer (Standard or Weekday) and Level (Base, 50%, 75% or 100%) shall remain unaffected by a change in the employee’s classification. By way of example, a Firefighter on a Weekday 50% Retainer under subclause 6.3.1.1 at the time of their appointment to Deputy Captain would continue on a 50% Weekday Retainer under subclause 6.3.1.2 until transferred to a higher Retainer pursuant to subclause 6.3.6, or to a lower Retainer pursuant to subclause 6.3.7.1.

 

6.3.8 Progression of employees to their corresponding CFR classification (Firefighter, Deputy Captain or Captain, whichever applies) shall be subject to:

 

6.3.8.1 attachment to a CFR Brigade; and

 

6.3.8.2 the satisfactory completion of the training and/or training competencies specified for CFR duties.

 

6.4 Employees appointed as Unit Trainers shall receive payment at the rates prescribed at Items W and X when delivering training at 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 subclauses 6.5.2 and 6.5.3, for the total period of time spent performing duties, which shall be calculated as follows:

 

6.5.1.1 Attendance at Scheduled Weekend Training courses - the period of attendance shall be equivalent to the scheduled training hours.

 

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 6.9.

 

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 Relief Duties - where an employee performs relief duties in accordance with subclause 6.8 for two hours or less, such employee shall receive a minimum payment of two hours for each such relief. All subsequent time thereafter shall be paid to the minute.

 

6.5.2.6 Attendance at scheduled weekend training courses and zone conferences - a minimum payment of eight hours per day spent in attendance.

 

6.5.2.7 Except in the case of regular drills and authorised duties, where the purpose for which an employee was required to report for duty is completed, the employee shall be released.

 

6.5.3 An employee who attends either the station or the incident within 30 minutes of notification shall for each such attendance be entitled to payment pursuant to subclause 6.5.2.1 unless the employee was already performing duty at the time of the notification (for example, the employee had returned from a previous incident but had not signed off in the occurrence book prior to notification of the subsequent incident).

 

6.5.4 If the non-availability of retained firefighting staff at any brigade requires the Department to maintain minimum staffing with either a permanent firefighter, or a retained firefighter from another station pursuant to subclause 6.8, then only those employees who had declared their availability shall be responded until such time as the minimum staffing by that brigade’s employees is restored and the permanent firefighter or retained firefighter performing relief duties has been released, whereupon the ordinary notification and response of employees attached to the brigade shall resume.

 

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 pursuant to subclause 6.5.1.5. Such authorised duties include, but are not limited to, those duties that are set out in Table 4 - Authorised Duties, of Part B, Monetary Rates.

 

6.6.2 Employees seeking to attend meetings and/or perform duties in accordance with subclause 6.6.1 which are not referred to in the said Table 4 must receive authorisation from the relevant Captain, Inspector or higher ranking officer prior to the performance of such duties.

 

6.7 Relief Duties

 

6.7.1 Where an employee is required to maintain minimum staffing due to the non-availability of retained or permanent firefighting staff at another station, or permanent firefighting staff at the employee’s own station, such employee shall be paid the amount prescribed at Entitlement Code “RD2” of Table 2 of Part B for the first two hours, or part thereof, and at the rate prescribed at Entitlement Code “RDH” of Table 2 of Part B for any period thereafter which elapses from the time the employee signed on in the occurrence book of the relief station, until the time such employee signs off in the occurrence book of the relief station. Provided that employees who perform relief duties in accordance with this subclause shall not attract additional payment under this Clause for attendance at incidents or performing authorised duties or drills during the period of the relief.

 

6.7.2 Employees who relieve at a station other than their own shall be paid the appropriate rate per hour prescribed for the employee’s classification for the duration of the forward and return journeys between the employee’s station and the location of the relief. All such time shall be paid to the minute.

 

6.7.3 Where it is necessary for an employee to use the employee’s private vehicle to perform relief duties, such employee shall be paid the rate per kilometre prescribed at Entitlement Code “KM” of Table 3 of Part B for the forward and return journeys between their residence and their station, and the forward and return journeys between their station and the location of the relief.

 

6.8 Attendance at the Royal Easter Show

 

6.8.1 The following hourly rates shall be paid to employees working at the Royal Easter Show:

 

6.8.1.1 For Recruit Firefighter and Firefighter, the rate prescribed at Entitlement Code “RASF” of Table 2 of Part B of this Award.

 

6.8.1.2 For Deputy Captain, the rate prescribed at Entitlement Code “RASDC” of Table 2 of Part B of this Award.

 

6.8.1.3 For Captain, rate prescribed at Entitlement Code “RASC” of Table 2 of Part B of this Award.

 

6.8.2 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 RTAAS Allowance

 

6.9.1 The Retained Telephone Alerting and Availability System Allowance prescribed at Entitlement Code “RTAAS” of Table 3 of Part B of this Award shall be paid to employees who provide the Department with a valid telephone number in compensation for the maintenance of that primary contact number and the use of an agreed software application to declare their compulsory availability and, if they elect, any additional availability that they may wish to declare, and to monitor their brigade’s availability on both a projected and real-time basis.

 

6.10 Overtime

 

6.10.1 Where an employee works in excess of ten (10) consecutive hours, such employee shall be paid at overtime rates for the hours worked in excess of ten (10). Provided that the provisions of this subclause shall not apply to employees receiving payment under either Clause 29, Attendance at Major Emergencies, subclause 6.7, Relief Duties or subclause 6.8, Attendance at the Royal Easter Show.

 

6.10.2 Overtime shall be paid for at the rate of time and one half for the first two (2) hours and at the rate of double time thereafter, for the rate(s) prescribed for the employee’s classification, provided that all overtime shall be paid to the half hour in accordance with subclause 6.5.2.1.

 

6.10.3 Employees who work on Easter Sunday or on any additional public holiday that is Gazetted or otherwise confirmed by the NSW Government shall be paid at overtime rates for all hours worked on each such day. For the purposes of this subclause, additional public holidays shall not include local public holidays.

 

6.11 Overpayments

 

6.11.1 In cases where an employee has been overpaid, the Department shall be entitled to recover such overpayment in full. Unless the employee agrees otherwise, the maximum rate at which the overpayment can be recovered is an amount calculated on a per fortnight basis, equivalent to 10% of the employee’s gross fortnightly remuneration.

 

6.11.2 In all cases where overpayments have occurred, the Department shall as soon as possible advise the employee concerned of both the circumstances surrounding the overpayment and the amount involved. The Department will also advise the employee of the pay period from which the recovery of the overpayment is to commence.

 

6.11.3 The recovery rate of 10% of an employee’s gross fortnightly remuneration referred to in subclause 6.11.1, may be reduced by approval of the Commissioner if the Commissioner is satisfied that such a rate of recovery would cause undue hardship to the employee concerned.

 

6.11.4 Where an employee’s remaining period of service does not permit the full recovery of any overpayment to be achieved on the fortnightly basis prescribed in subclause 6.11.1, the Department shall have the right to deduct any balance of such overpayment from any monies owing to the employee on the employee’s date of termination, resignation or retirement, as the case may be.

 

6.12 Payment of Monies

 

6.12.1 Employees shall be paid fortnightly.

 

6.12.2 Payments shall be made into a bank account specified by the employee, or other financial institutions acceptable to the Department and Union.

 

6.12.3 Employees shall be paid within two pay periods of the date of any work performed under this Award.

 

6.13 Payroll Deductions

 

6.13.1 Except as provided for in subclause 6.13.2, all salary deductions shall be made in accordance with Treasury Guidelines.

 

6.13.2 Upon application by an employee, the Department shall make deductions from the employee’s pay for Union subscriptions and shall forward the amount so deducted to the Union as soon as possible thereafter.

 

6.14 Method of Calculation of any Future Adjustment

 

6.14.1 The Retainers at Table 1 of Part B shall in future be adjusted by calculating the increase for each 100% Level Retainer to the nearest cent and then calculating the remaining Levels for each classification by the corresponding percentage, with the Base Level Retainer at subclause 6.3.1.1 to be calculated at 25% and the Base Level Retainers at subclauses 6.3.1.2 and 6.3.1.3 to be calculated at 37.5%.

 

6.14.2 The Rates of Pay for Entitlement Codes M to Z inclusive at Table 2 of Part B shall in future be adjusted:

 

6.14.2.1 firstly, by calculating the increase for the Deputy Captain classification to the nearest cent to arrive at a new 1st hour, 100% rate and:

 

6.14.2.2 secondly, by then mutiplying the new 100% rate by 80%, by 90% and by 112% and rounding each result to the nearest cent to arrive at the new rate for the Recruit Firefighter, Firefighter and Captain classifications respectively, and

 

6.14.2.3 thirdly, by then mutiplying the new 100% rate and each of the new rates produced by subclause 6.14.2.2 by 107% and then rounding each result to the nearest cent to arrive at the new rates for the corresponding CFR classifications, and

 

6.14.2.4 finally, by then dividing each of the new 1st hour rates produced by this subclause by two and then rounding to the nearest cent in order to arrive at the corresponding new half hour rate for each classification.

 

6.14.3 The Rates of Pay for Entitlement Codes RASF, RASDC and RASC at Table 2 of Part B shall in future be adjusted:

 

6.14.3.1 firstly, by calculating the increase for the firefighter rate at Entitlement Code RASF to the nearest cent, and

 

6.14.3.2 secondly, by then subtracting the new Firefighter rate at Entitlement Code O from the new Royal Easter Show firefighter rate at Entitlement Code RASF, and

 

6.14.3.3 thirdly, by then adding the amount produced at subclause 6.14.3.2 to the new Deputy Captain rate at Entitlement Code S and to the new Captain rate at Entitlement Code W to arrive at the new Royal Easter Show rates for the Deputy Captain and Captain classifications at Enititlement Codes RASDC and RASC respectively.

 

6.14.4 The Retainers, wages and wage-related allowance amounts at Tables 1, 2 and 3 of Part B of this Award reflect the employer obligation to pay a Superannuation Guarantee during the life of this Award at 9.5% for 2014/15 and 10% for 2015/16. In the event that the superannuation quantum varies which results in a lesser amount than is set out here, the notional savings arising from that lesser obligation may be distributed to the Retainers, wages and wage-related allowance amounts at Tables 1, 2 and 3 of Part B of this Award in the form of a higher corresponding percentage wage increase subject to overall remuneration increases not exceeding 2.5 per cent per annum. On each occasion of such a difference between the current obligation and the one that eventuates, the parties are obliged to vary this Award by consent to reflect the necessary adjustments to the Retainers, wages and wage related allowances.

 

7. Higher Duties

 

7.1 In selecting Firefighters to perform Higher Duties at the Deputy Captain classification, or Deputy Captains (including Acting Deputy Captains) to perform Higher Duties at the Captain classification, a merit based selection process need not be applied provided, firstly, that in making such appointments the Department shall have regard to the principles of equitably sharing career development opportunities, and secondly, that as soon as it becomes known that the duration of the relief may last for two months or more then expressions of interest are to be called for from employees holding the relevant classification and determined on the basis of merit selection.

 

7.2 An employee shall not be entitled to perform Higher Duties unless the employee is qualified to perform such duties.

 

7.3 An employee performing Higher Duties shall be paid for the period of relief, the difference between the employee’s usual hourly rates of pay and the hourly rates of pay for the classification in which the Higher Duties are performed. Provided that:

 

7.3.1 The difference between the employee’s Retainer payment and the Retainer payment for the classification in which the Higher Duties are performed shall not be paid unless the Higher Duties are performed for a continuous period of seven days or more; and

 

7.3.2 The employee shall do so at their ordinary Retainer Level (eg, Base, 50%, 75% or 100%) and not at the Level of the employee into whose position they are acting unless the employee who is performing the Higher Duties agrees otherwise.

 

7.4 Attendance at an Incident

 

7.4.1 Any Higher Duties entitlement in terms of this clause which was actually being paid, or which should have been paid, during a period immediately prior to an incident, shall not be diminished as a consequence of the incident.

 

7.4.2 Except as provided for in 7.4.1, the only other circumstances under which a Higher Duties payment is to be made during an incident is in a case where neither the Captain nor the Deputy Captain of that Brigade attends the incident. In such cases, only one employee shall be entitled to a Higher Duties payment at the Deputy Captain hourly rate of pay and that employee shall be the employee who was in charge of the Brigade for the majority of the time. To avoid doubt, in the case of attendance by multiple Retained Brigades, a Higher Duties payment shall be made to the relevant employee from each Brigade whose Captain and Deputy Captains(s) do not attend the incident.

 

7.4.3 For the purposes of 7.4.2, the term “Captain” and “Deputy Captain” shall also mean “Acting Captain” and “Acting Deputy Captain” in cases where an employee was, during the period immediately prior to the incident, the Acting Captain or Acting Deputy Captain in terms of this clause.

 

8. Meals and Refreshments

 

8.1 Attendance at an Incident

 

8.1.1 For the purposes of this clause, an “incident” also includes hazard reduction.

 

8.1.2 Where an employee attends an incident which extends for two hours or more Refreshments shall be provided no later than two hours after the start of the incident.

 

8.1.3 Where such an incident extends for four hours or more, the employee shall be provided with a Substantial Meal. After every subsequent four hours of attendance at such an incident, a further Substantial Meal shall be provided.

 

8.2 Payment in Lieu of the Provision of Refreshments/Meals

 

8.2.1 Where Refreshments are not provided in terms of subclause 8.1.2, the Refreshment Allowance set at Entitlement Code “RA” of Table 3 of Part B, shall be paid.

 

8.2.2 Where an Emergency Meal is supplied in lieu of a Substantial Meal, the Refreshment Allowance set at Entitlement Code “RA” of Table 3 of Part B, shall be paid.

 

8.2.3 Where a Substantial Meal or Emergency Meal is not provided in terms of subclause 8.1.3, the Meal Allowance set at Entitlement Code “MA” of Table 3 of Part B, shall be paid.

 

8.3 Calculation of Future Adjustments to Refreshments/Meal Allowances

 

8.3.1 The allowances referred to in this clause shall be calculated as follows:

 

8.3.1.1 The Meal Allowance at Entitlement Code “MA” of Table 3 of Part B, is the average, rounded to the nearest five cents, of the amounts prescribed for the overtime meal allowances for breakfast, lunch and dinner at Item 19 of Table 1 Part B of the Crown Employees (Public Service Conditions of Employment) Award 2002 as subsequently adjusted pursuant to subclause 8.3.1.3.

 

8.3.1.2 The Refreshment Allowance at Entitlement Code “RA” of Table 3 of Part B, is half, rounded to the nearest five cents, of the amount at Entitlement Code “MA” of Table 3 of Part B.

 

8.3.1.3 The amounts specified in subclauses 8.3.1.1 and 8.3.1.2 shall be adjusted on 1 July in line with the corresponding reasonable allowance amount for overtime meals for the appropriate financial year as published by the Australian Taxation Office (ATO).

 

9. Use of Personal Transport

 

9.1 Attendance at an incident

 

9.1.1 Where it is necessary for an employee to use the employee’s private vehicle to attend an incident, the employee shall be paid at the rate prescribed at Entitlement Code “KM” of Table 3 of Part B, per kilometre, as follows:

 

9.1.1.1 The return distance from the employee’s residence to the station or the distance actually travelled on the forward and return journeys to the station, which ever is the lesser, provided that payment shall be limited in all instances to a return distance of 14 kilometres; and

 

9.1.1.2 The return distance from the station to the incident, if it is necessary for the employee to use the employee’s private vehicle to travel from the station to the incident.

 

9.2 Attendance at Authorised Meetings and Other Duties

 

9.2.1 Where an employee is required to use the employee’s private vehicle to attend such meetings or to perform such other authorised duties as prescribed in subclause 6.6, the employee shall be paid the rate prescribed at Entitlement Code “KM” of Table 3 of Part B, of this Award per kilometre for the actual distance necessarily and reasonably travelled for that purpose.

 

9.2.1.1 Provided that where an employee is authorised to, and does, use his or her own private vehicle and the principal purpose of the journey is, or is as a consequence of, the transportation of the Department’s equipment and/or appliances from one location to another, then such employee shall be paid the appropriate rate per hour prescribed for the employee’s classification in addition to the rate per kilometre prescribed at Entitlement Code “KM” of Table 3 of Part B. Provided further that, for the purposes of this subclause:

 

9.2.1.1.1 An employee’s turnout gear shall not be regarded as equipment.

 

9.2.1.1.2 The hourly rate shall be paid on a basis similar to travelling time. That is, no minimum period of payment and all time to be paid to the minute.

 

9.2.1.1.3 Where the reason for the journey is to attend an incident, the normal provisions of this Award shall apply in lieu of the provisions of this subclause.

 

9.2.2 The provisions of this clause shall not apply where transport is provided by the Department.

 

9.2.3 Employees who are required to attend such meetings or perform such authorised duties, but do not use their private vehicle and are therefore not entitled to claim the rate prescribed at Entitlement Code “KM” of Table 3 of Part B, shall be entitled to claim travelling time and/or travelling expenses in accordance with clause 19, Travelling Compensation.

 

10. Annual Leave

 

10.1 On each anniversary of an employee’s appointment to the Brigade, an employee shall be entitled to annual leave. Such annual leave shall accrue at the rate of four weeks for each completed year of service and shall be taken in multiple periods of not less than 3 consecutive days.

 

10.2 An employee with less than twelve months service may, subject to approval by the Department and the requirements of subclause 10.1, take in advance leave which has accrued.

 

10.3 Wherever possible, annual leave shall be taken within six months of the date on which the leave becomes due. Provided that, in all cases, annual leave must be granted and taken within twelve months of the date on which it becomes due.

 

10.4 As far as possible, annual leave shall be granted to coincide with the employee’s leave period from the employee’s primary form of employment.

 

10.5 Payment for annual leave shall be calculated on the weekly average of the total amount paid by the Department to the employee for the twelve months immediately prior to the date on which leave is commenced excluding any periods of Special Leave Without Pay, unpaid leave and/or suspension. For the purposes of this subclause, "total amount" shall include all payments made to the employee by the Department, excluding the RTAS Allowance and payments made as compensation or reimbursement for expenses (eg. payments for meals, accommodation and for kilometres travelled).

 

10.6 An employee who is directed to return to duty in the case of an emergency whilst on annual leave, shall have any day or part thereof recredited.

 

10.7 An employee shall be paid in advance for a period of approved annual leave, providing such employee has given a minimum of six weeks written notice of the date on which the leave is to commence.

 

11. Compassionate Leave

 

11.1 An employee, other than a casual employee, shall be entitled to up to two days compassionate leave without deduction of pay, on each occasion of the death of a person as prescribed in subclause 11.3 of this clause.

 

11.2 The employee must notify the employer as soon as practicable of the intention to take compassionate leave and will, if required by the employer, provide to the satisfaction of the employer proof of death.

 

11.3 Compassionate leave shall be available to the employee in respect to the death of a person prescribed for the purposes of Carer’s Leave as set out in subparagraph 15.1.3.2 of clause 15, Carer’s Leave, provided that, for the purpose of compassionate leave, the employee need not have been responsible for the care of the person concerned.

 

11.4 An employee shall not be entitled to compassionate leave under this clause during any period in respect of which the employee has been granted other leave.

 

11.5 Compassionate leave may be taken in conjunction with other leave available under subclauses 15.2 and 15.3 of clause 15. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the Department.

 

12. Long Service Leave

 

12.1 Subject also to the provisions of subclause 12.9, an employee shall be entitled to long service leave calculated on the following bases:

 

12.1.1 For all continuous service prior to 1 April 1963, and provided that such previous service is also continuous with the employee’s current service, at the rate of three months, for twenty years of service.

 

12.1.2 For all continuous service on and subsequent to 1 April 1963, in the case of an employee who has completed ten years service, two months long service leave and for each five years completed service thereafter, a further one month long service leave.

 

12.2 On termination of services, in respect of the number of years service with the Department since the employee last became entitled to an amount of long service leave, a proportionate amount on the basis of two months for ten years service.

 

12.3 In the case of an employee who has completed at least seven years service and whose services are terminated or cease for any reason, such employee shall be paid a proportionate amount calculated at the rate of two months for ten years service.

 

12.4 In the case of an employee who has completed at least five years but less than seven years service and whose services are terminated by the Department for any reason, other than serious and wilful misconduct, or by the employee on account of illness, incapacity or domestic or other pressing necessity, or by reason of the death of the employee, such employee (or in the event of the death of the employee, the employee’s estate) shall be paid a proportionate amount calculated at the rate of two months for ten years service.

 

12.5 Long service leave shall be granted subject to the convenience of the Department, as and when such leave becomes due (i.e. after seven (7) years) or any time thereafter. Provided that an employee shall give at least twenty (20) days notice in writing of the intention to take such leave.

 

12.6 Long service leave shall be paid at the rate of full pay which, for the purposes of this clause, shall mean the greater average monthly remuneration received by the employee calculated over either the preceding twelve months or five years excluding any periods of Special Leave Without Pay, unpaid leave and/or suspension. The averages referred to in this subclause shall be calculated up to and including the end of the month immediately prior to the month during which the long service leave is taken or commences, as the case may be.

 

12.7 The term "remuneration" referred to in subclause 12.6 shall include all payments made to the employee by the Department, excluding the RTAS Allowance and payments made as compensation or reimbursement for expenses (e.g., payments for meals, accommodation and for kilometres travelled).

 

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 sector.

 

14.4 Notices and Documents required to be given to the Commissioner

 

14.4.1 Maternity Leave - The notices and documents to be given to the Commissioner for the purposes of taking Maternity Leave are as follows:

 

14.4.1.1 The female employee should give at least eight weeks’ written or oral notice of the intention to take the leave (unless it is not reasonably practicable to do so in the circumstances).

 

14.4.1.2 The female employee must, at least four weeks before proceeding on leave, give written notice of the dates on which the employee proposes to start and end the period of leave.

 

14.4.1.3 The female employee must, before the start of leave, provide a certificate from a medical practitioner confirming that the employee is pregnant and the expected date of birth.

 

14.4.2 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 the RTAS Allowance and payments made as compensation or reimbursement for expenses (eg. payments for meals, accommodation and for kilometres travelled).

 

14.13.2 Payment to eligible employees for the fourteen (14) weeks on full pay or twenty-eight (28) weeks on half pay paid Adoption Leave may be made:

 

14.13.2.1 In advance in a lump sum.

 

14.13.2.2 On a normal fortnightly basis.

 

14.13.2.3 Payment for such period of leave shall be calculated on the weekly average of the total amount paid by the Department to the employee for the twelve months immediately prior to the date on which leave is commenced excluding any periods of Special Leave Without Pay, unpaid leave and/or suspension. For the purposes of this subclause "total amount" shall include all payments made to the employee by the Department excluding payments made as compensation or reimbursement for expenses (eg. payments for meals, accommodation and for kilometres travelled).

 

14.14 Commissioner’s Obligations

 

14.14.1 Information to Employees - On becoming aware that an employee (or an employee’s spouse) is pregnant, or that an employee is adopting a child, the Commissioner must inform the employee of:

 

14.14.1.1 The employee’s entitlements to Parental Leave under this clause.

 

14.14.1.2 The employee’s obligations to notify the Commissioner of any matter under this clause.

 

14.14.2 Records - The Commissioner must keep for at least six years, a record of Parental Leave granted under this clause to employees and all notices and documents given under this clause by employees or the Commissioner.

 

14.15 Termination of Employment because of Pregnancy etc

 

14.15.1 The Commissioner must not terminate the employment of an employee because:

 

14.15.1.1 The employee is pregnant or has applied to adopt a child.

 

14.15.1.2 The employee has given birth to a child or has adopted a child.

 

14.15.1.3 The employee has applied for, or is absent on Parental Leave, but otherwise the rights of the Commissioner in relation to termination of employment are not affected by this clause.

 

14.15.2 For the purposes of establishing such a termination of employment, it is sufficient if it is established that the alleged reason for termination was a substantial and operative reason for termination.

 

14.15.3 This clause does not affect any other rights of a dismissed employee.

 

14.16 Replacement Employees

 

14.16.1 A replacement employee is a person who is specifically employed as a result of an employee proceeding on Parental Leave (including as a replacement for an employee who has been temporarily promoted or transferred in order to replace the employee proceeding on parental leave).

 

14.16.2 Before a replacement employee is employed, the Commissioner must inform the person of the temporary nature of the employment and of the rights of the employee on Parental Leave to return to work.

 

14.16.3 A reference in this clause to an employee proceeding on leave includes a reference to a pregnant employee exercising a right to be transferred to a safe job.

 

14.17 Transfer to a Safe Job

 

14.17.1 This subclause applies whenever the present work of a female employee is, because of her pregnancy or breastfeeding, a risk to the health or safety of the employee or of her unborn or new born child. The assessment of such a risk is to be made on the basis of a medical certificate supplied by the employee and of the obligations of the Commissioner under the Work Health and Safety Act 2011.

 

14.17.2 The Commissioner is to temporarily adjust the employee’s working conditions or hours of work to avoid exposure to risk as follows:

 

14.17.2.1 Where a female employee is confirmed pregnant she is to notify the Regional Commander or Officer-in-Charge as soon as possible who will, in turn, direct that she be withdrawn from operational firefighting duties.

 

14.17.2.2

 

14.17.2.2.1 The standard issue uniform is to be worn by members until the pregnancy becomes apparent prior to the birth and from the tenth week, if practicable, following the birth.

 

14.17.2.2.2 Employees will be provided with a maternity uniform for use when appropriate.

 

14.17.2.3 An employee on maternity leave who gives birth to a living child shall not resume operational firefighting duties until thirteen weeks have elapsed after the birth of the child, unless a special request for early return is made by the employee supported by a medical certificate from a qualified medical practitioner, subsequently endorsed by the Department’s Occupational Health Physician.

 

14.17.2.4 Duties other than fire fighting may be undertaken after six weeks following the birth of the child, if endorsed by the Occupational Health Physician.

 

14.17.2.5

 

14.17.2.5.1 Upon withdrawal from operational firefighting duties alternate work of a suitable nature is to be provided.

 

14.17.2.5.2 Allocation of duties will be determined by the Department following consultation between the Department’s Occupational Health Physician, the employee’s Officer-in-Charge and the employee.

 

14.17.3 If such an adjustment is not feasible or cannot reasonably be required to be made, the Commissioner is to transfer the employee to other work where she will not be exposed to that risk.

 

14.17.4 If such a transfer is not feasible or cannot reasonably be required to be made, the Commissioner is to grant the employee Maternity Leave under this clause (or any available paid Sick Leave) for as long as is necessary to avoid exposure to that risk, as certified by a medical practitioner.

 

14.18 Special Maternity Leave and Sick Leave

 

14.18.1 If the pregnancy of an employee not then on maternity leave terminates before the expected date of birth (other than by the birth of a living child) or she suffers illness related to her pregnancy:

 

14.18.1.1 The employee is entitled to such period of unpaid leave (to be known as special Maternity Leave) as a medical practitioner certifies to be necessary before her return to work.

 

14.18.1.2 The employee is entitled to such paid sick leave (either instead of or in addition to special Maternity Leave) as she is then entitled to and as a medical practitioner certifies to be necessary before her return to work.

 

14.19 Special Adoption Leave

 

14.19.1 An employee who is seeking to adopt a child is entitled to up to two days unpaid leave if the employee requires that leave to attend compulsory interviews or examinations as part of the adoption procedure.

 

14.20 Right to request

 

14.20.1 An employee entitled to parental leave may request the employer to allow the employee:

 

14.20.1.1 to extend the period of simultaneous parental leave up to a maximum of eight weeks;

 

14.20.1.2 to extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months;

 

to assist the employee in reconciling work and parental responsibilities.

 

14.20.2 The employer shall consider the request having regard to the employee’s circumstances and, provided the request is genuinely based on the employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer’s business.

 

14.20.3 Employee’s request and the employer’s decision to be in writing:

 

The employee’s request and the employer’s decision made under 14.20.1 and 14.20.2 must be recorded in writing.

 

14.21 Communication during parental leave

 

14.21.1 Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:

 

14.21.1.1 make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and

 

14.21.1.2 provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.

 

14.21.2 The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee’s decision regarding the duration of parental leave to be taken and whether the employee intends to return to work.

 

14.21.3 The employee shall also notify the employer of changes of address or other contact details which might affect the employer’s capacity to comply with subclause 14.21.1.

 

15. Carer’s Leave

 

15.1 Use of Sick Leave

 

15.1.1 An employee, 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 Subject to the provisions of subclause 16.8, such employee shall forward to their immediate supervisor, a medical certificate stating the nature of the illness or incapacity and, if known, the date the employee is fit to resume duty. If a medical certificate does not specify the date the employee is fit to resume duty, the employee must, before being entitled to resume duty, furnish a further medical certificate to the effect that the employee has recovered from the illness or incapacity and is fit for duty, unless a person authorised by the Commissioner dispenses with this requirement.

 

16.4 If so required, such employee shall submit to an examination by, or arranged by, the Department’s medical officer.

 

16.5 Every employee who is absent from duty for a period of more than twenty-eight days will have their case reviewed by the Department’s medical officer, or a medical officer nominated by the Department, and must be certified by such medical officer as fit for duty prior to being permitted to resume duty. An employee who is required to attend the Department’s medical officer or nominated medical officer shall be reimbursed any out of pocket expenses reasonably and necessarily incurred. The Department shall meet the cost of any such consultation.

 

16.6 The granting of Sick Leave, the duration thereof and the pay, if any, for the same shall be on the following basis:

 

16.6.1 One week paid sick leave for each year of service, cumulative, less any paid Sick Leave taken, to a maximum of twenty six weeks.

 

16.6.2 Sick Leave beyond that provided for in subclause 16.6.1 shall be Sick Leave without pay.

 

16.6.3 Payment for Sick Leave shall be calculated on the weekly average of the total amount paid by the Department to the employee for the twelve months immediately prior to the date on which leave is commenced excluding any periods of Special Leave Without Pay, unpaid leave and/or suspension. For the purposes of this subclause, "total amount" shall include all payments made to the employee by the Department excluding the RTAS Allowance and payments made as compensation or reimbursement for expenses (eg. payments for meals, accommodation and for kilometres travelled).

 

16.7 Where payment has been made for sick leave, under this clause, to an employee whose sick leave entitlement has already been exhausted, or whose right to sick leave is not established, the Department may deduct the amount overpaid from any future payments made to the employee concerned in accordance with the provisions of subclause 6.13.

 

16.8 Employees are entitled to take unsupported sick leave absences, where no medical certificate is required, subject to the following provisions:

 

16.8.1 Such absences may not exceed 3 separate days in any calendar year; and

 

16.8.2 Such absences may not be taken on consecutive days; and

 

16.8.3 Such absences may not be taken on public holidays; and

 

16.8.4 Such absences may not be taken in relation to any matter that may be covered by workers’ compensation.

 

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.

 

17.1.1.4 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.

 

17.3 Union officers and staff

 

17.3.1 Employees who are selected, by election or appointment, to hold a position of full time employment with the Union or an honorary office on the Union’s State Committee of Management may, upon request, have such dates and times as were reasonably necessary for them to perform their Union duties excluded in accordance with subclause 28.2 when determining their levels of attendance.

 

18. Court Attendance Entitlements

 

18.1 The provisions of this clause shall apply to employees attending Court (which term shall include any related conferences) as a:

 

18.1.1 Result of the duties performed by the employee in the employee’s position with the Department, including attendance at an incident.

 

18.1.2 Witness for the Crown but not as a result of the duties performed by the employee in the employee’s position with the Department.

 

18.1.3 Witness in a private capacity.

 

18.2 Attendance at Court as a result of the duties performed by an employee in the employee’s position with the Department, including attendance at an incident.

 

18.2.1 Such attendance shall be regarded as attendance in an official capacity and uniform must be worn.

 

18.2.2 Other than monies paid as reimbursement for loss of income as an employee of the Department, employees may retain all monies paid in connection with their attendance as a witness.

 

18.2.3 In addition to any monies to which an employee may be entitled pursuant to subclause 18.2.2, employees shall be paid at the rate applicable to the employee’s classification, from the time the employee is required to attend Court to the time on that day that the employee is no longer required by the Court.

 

18.2.4 Travelling time and travel expenses in excess of any compensation therefor paid by the Court or other party shall be compensated in accordance with clause 19, Travelling Compensation.

 

18.2.5 Where the employee is recalled to duty to attend Court while on Annual or Long Service Leave, such employee shall be recredited with a full days leave, for each day or part thereof.

 

18.2.6 Where an employee is subpoenaed to attend Court while on Sick Leave it is the responsibility of the employee to ensure that the circumstances are communicated to the Court. If the employee is still required to and does attend Court, the sick leave debited for that period shall be recredited and the entitlements provided for in subclauses 18.2.2, 18.2.3 and 18.2.4 shall apply.

 

18.3 Where an Employee Attends Court

 

18.3.1 As a Witness for the Crown but not as a result of the duties performed by the employee in the employee’s position with the Department; or as a witness in a Private Capacity, (i.e., not subpoenaed by the Crown):

 

18.3.1.1 The employee shall only be entitled to Special Leave Without Pay from the Department to attend Court.

 

18.3.1.2 Any claim for reimbursement of expenses, compensation for travelling time, lost income etc. is to be made by the employee to the Court and/or the party issuing the subpoena. The employee may retain all monies paid as a consequence of such claims.

 

18.4 An employee who attends jury duty is entitled to Special Leave Without Pay for the duration of the jury duty if attending court affects their availability to turn out. This leave is available whether or not the employee accepts jury fees.

 

19. Training Course Attendance Entitlements

 

19.1 The provisions of this clause shall apply to attendance at training programs (other than regular drills) delivered by, on behalf of, or approved by the Department.

 

19.2 Accommodation

 

19.2.1 The Commissioner (or delegate) shall approve appropriate accommodation for an employee, if it can be demonstrated that an unreasonable amount of travelling time and/or distance is involved when travelling to and from the employee’s residence to the training venue.

 

19.2.2 Where Departmental accommodation is not provided to an employee with an entitlement to accommodation, the relevant accommodation provisions prescribed by clause 20, Travelling Compensation, shall be paid.

 

19.2.3 Where it is not possible for an employee to travel to the training venue on the first day of the course or where the travelling time would be unreasonable to travel on the first day of the course, the employee shall be entitled to appropriate accommodation on the evening prior to the start of the course. If it is not possible for an employee to travel from the training venue to his or her residence at the conclusion of the course or if the travelling time would be unreasonable, the employee shall be entitled to appropriate accommodation on the evening of the last day of the course. Approval must be obtained from the Commissioner (or delegate) prior to bookings being made.

 

19.2.4 Notwithstanding the provisions of this subclause, any employee who considers that these criteria would cause undue hardship etc. may make application for special consideration. All such applications will be considered on their individual merits according to the program content and the starting and completion times, on a daily basis.

 

19.3 Meals

 

19.3.1 All employees attending training programs which extend for a whole day shall be provided with morning/afternoon tea and lunch.

 

19.3.2 Where employees have been granted approval for overnight accommodation and when such accommodation is provided by the Department, expenses reasonably and properly incurred shall be reimbursed in accordance with clause 20, Travelling Compensation.

 

19.3.3 Employees who are not required to accommodate themselves overnight shall, where appropriate, be paid the relevant meal allowances prescribed by clause 20, Travelling Compensation.

 

19.3.4 Meal allowances are not payable during times at which an accommodation allowance (as prescribed in subclause 19.2.2) has been paid. A component of the accommodation allowance compensates for the costs associated with breakfast, lunch and evening meals.

 

19.4 Incidentals

 

19.4.1 Employees who are provided with Departmental accommodation shall be entitled to claim the appropriate incidental allowance as prescribed by clause 20, Travelling Compensation.

 

19.4.2 The incidental allowance cannot be claimed for any day during which an accommodation allowance referred to in subclause 19.2.2, is paid. The incidental allowance forms a component of the accommodation allowance and amongst other things, recognises the cost associated with personal telephone calls, etc.

 

19.5 Travelling Time

 

19.5.1 Compensation shall be in accordance with Clause 20, Travelling Compensation.

 

20. Travelling Compensation

 

20.1 Travelling Time - When an employee is required to travel for purposes other than attending regular drills or incidents, the employee may apply for payment, at the rate applicable to the employees’ classification, for time spent travelling subject to the following:

 

20.1.1 Where the employee has travelled overnight but has been provided with sleeping facilities, the travelling time shall not include travel between 2300 hours on one day and 0730 hours on the next day.

 

20.1.2 Travelling time does not include time spent taking a meal when the employee stops a journey to take the meal.

 

20.1.3 Travelling time shall be calculated by reference to the use of the most practical and economic means of transport.

 

20.1.4 Payment will not be made or allowed for more than eight hours in any period of twenty-four hours.

 

20.1.5 Where an employee is in receipt of the kilometre allowance prescribed at Entitlement Code “KM” of Table 3 of Part B, such employee shall not be entitled to claim compensation for travelling time.

 

20.2 Meal Allowances - When an employee is required to perform official duty at a temporary work location, other than attendance at incidents or regular drills, and is not required to reside away from home (a one day journey), the employee shall be eligible to be paid the following meal allowances, subject to the following conditions:

 

20.2.1 For breakfast when required to commence travel at/or before 0600 hours, the amount set at Item 1 of Table 5 of Part B.

 

20.2.2 For lunch when, by reason of the journey, an employee is unable to take lunch at the place or in the manner in which the employee ordinarily takes lunch and is put to additional expense, the amount set at Item 2 of Table 5 of Part B, or an amount equivalent to the additional expense, whichever is the lesser.

 

20.2.3 For an evening meal when required to work or travel until or beyond 1830 hours, an amount set at Item 3 of Table 5 of Part B.

 

20.2.4 Meal Allowances shall not be paid where the employee is provided with an adequate meal.

 

20.3 Accommodation Allowances - When an employee is required to perform official duty at a temporary work location, other than attendance at incidents or regular drills, which requires the employee to reside away from home and the employee is not provided with accommodation by the Government, the employee shall be eligible to be paid the following accommodation (sustenance) allowances subject to the conditions set out below:

 

20.3.1 For the first thirty five calendar days, the appropriate amounts set at Item 4 of Table 5 of Part B.

 

20.3.2 The actual necessary expenses for meals and accommodation (actuals), together with incidental expenses as appropriate, set at Item 5 of Table 5 of Part B. The necessary expenses do not include morning and afternoon tea.

 

20.3.3 After the first thirty five calendar days and for up to six months an employee shall be paid an allowance at the rate set at Item 6 of Table 5 of Part B provided the allowance paid to an employee, temporarily located in Broken Hill shall be increased by 20%. The allowance is not payable in respect of:

 

20.3.3.1 Any period during which the employee returns home on weekends or public holidays, commencing with the time of arrival at the residence and ending at the time of departure from the residence.

 

20.3.3.2 Any other period during which the employee is absent from the temporary work location (including leave) otherwise than on official duty, unless approved by the Commissioner.

 

20.3.4 The capital city rate shall apply to Sydney as bounded by the GSA.

 

20.3.5

 

20.3.5.1 Where an employee proceeds directly to a temporary work location in a Capital city and returns direct, the Capital city rate applies to the whole absence.

 

20.3.5.2 Where an employee breaks the journey, other than for a meal, in a centre that is not a Capital city, the Capital city rate applies only in respect of the time spent in the Capital city, the elsewhere rate applies to the remainder of the absence.

 

20.4 Incidental Expenses Allowances - Government Provided Accommodation - When an employee is required to perform official duty at a temporary work location which requires that the employee reside away from home and is provided with accommodation by the Government, the employee shall be eligible to be reimbursed expenses properly and reasonably incurred during the time actually spent away from the employee’s residence in order to perform that duty and in addition be paid an allowance at the rate set at Item 7 of Table 5, of Part B as appropriate. Such expenses are limited to costs in relation to food, laundry and accommodation that exceed what would normally have been incurred at home. Any meal taken at a Government establishment is to be paid for and appropriate reimbursement sought.

 

20.5 Additional Provisions

 

20.5.1 Unless specifically provided for in Clause 19, Training Course Attendance Entitlements or Clause 18, Court Attendance Entitlements, the provisions of this clause shall not apply in the circumstances provided for by those clauses.

 

20.5.2 When an employee is required to travel to a temporary work location or to attend a training course or conference on what would normally be regarded as a one day journey and the total time of absence will exceed 13 hours, the employee may be directed or may request that the employee reside temporarily at a place other than the employee’s residence. In such cases, employees shall be entitled to the accommodation allowances or reimbursement of expenses, as appropriate.

 

20.5.3 The claim for an accommodation allowance or reimbursement of expenses shall be for the whole of the period of absence and cannot be dissected into part of the time of the absence by way of allowance and part of the absence being compensated by reimbursement.

 

20.5.4 When an employee in receipt of an accommodation allowance is granted leave to return home from a temporary work location, the employee shall be reimbursed for the cost of the return rail fare or, if a first class rail service is reasonably available, the cost of a first class return rail fare. No taxi fares or other incidental expenses are payable.

 

20.5.5 Employees shall be entitled, subject to Departmental approval, to use either their private vehicle or public transport on the following basis:

 

20.5.5.1 Reimbursement is not to be paid for a journey if an official motor vehicle is used for the journey.

 

20.5.5.2 Where employees are granted approval to use their private vehicles, such employees shall receive the kilometre rate, set at Entitlement Code “KM” of Table 3 of Part B, for the actual distance necessarily and reasonably travelled. Employees in receipt of the rate set at Entitlement Code “KM” of Table 3 of Part B, shall not be entitled to the provisions of subclause 20.1, Travelling Time.

 

20.5.5.3 Employees who are required to utilise public transport shall be reimbursed the necessary costs incurred.

 

20.5.5.4 The Commissioner is to consider the convenience of the employee when an employee is required to travel to a temporary work location.

 

20.5.5.5 Unless special circumstances exist, the employee’s work, the mode of transport used and the employee’s travel itineraries are to be organised and approved in advance so that compensation for travel time and payment of allowances is reasonably minimised.

 

20.5.6 Where a meal allowance or an accommodation allowance is insufficient to adequately reimburse the employee for expenses properly and reasonably incurred, a further amount may be paid so as to reimburse the employee for the additional expenses incurred, subject to the following:

 

20.5.6.1 The Commissioner may require the production of receipts or other proof that expenditure was incurred.

 

20.5.6.2 If any expense in respect of which an allowance is payable was not properly and reasonably incurred by the employee in the performance of official duties, payment of the allowance may be refused or the amount of the allowance may be reduced.

 

20.5.6.3 If any purported expense was not incurred by the employee, payment of the allowance may be refused or the amount of the allowance may be reduced.

 

20.6 Claims - Claims should be submitted promptly, i.e., within one month from the completion of the work or within such time as the Commissioner determines.

 

20.6.1 The Commissioner may approve applications for advance payments of travelling and sustenance allowances. Such applications should detail the appropriate expenditure anticipated and be in accordance with In Orders 1982/34.

 

20.6.2 In assessing claims for travelling time and payment of allowances, reference should be made to the time that might reasonably have been taken by the particular mode of transport used. Provided that where an employee can demonstrate that the use of the means of transport proposed by the Department is unreasonable in the circumstances, the employee may apply to the Commissioner for a review of the Department’s decision. Where an employee does not wish to use the means of transport proposed by the Department, eg. air travel as against train or car travel, travelling time and allowances should be assessed on the basis that the most practical and economical means of transport is used.

 

20.6.3 Where an allowance is payable at a daily rate and a claim is made for a portion of the day, the amount to be paid is to be calculated to the nearest half hour.

 

20.7 The amounts set at Items 1 to 7 in Table 5 of Part B, shall be adjusted on 1 July in line with the corresponding reasonable allowance amounts for the appropriate financial year as published by the Australian Taxation Office (ATO).

 

21. Transfers

 

21.1 Subject to satisfactory attendance and service and the employee meeting Departmental residential guidelines, an employee may apply for a transfer from one 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.

 

21.5 When an employee is transferred to a new brigade, the employee’s seniority in the new brigade will be determined as if that employee had always been with the new brigade, that is, firstly by rank and in the case employees of equal rank, by length of continuous service with FRNSW.

 

21.6 Employees holding the rank of Captain and Deputy Captain must relinquish that rank before they transfer, whereupon they will be placed in the new brigade in accordance with subclause 21.5.

 

22. Procedures Regarding Reports and Charges

 

22.1 When an employee is summoned to appear before the employee’s Senior Officer or before the Department on a charge, appeal or formal inquiry, the employee shall be given particulars in writing of the charge or allegation, if any, against the employee, at least 48 hours before the hearing of the charge or appeal or the opening of the said inquiry. The employee shall be allowed access personally or by a representative duly authorised in writing by the employee, to all or any of the official papers, correspondence or reports of the Department relating to the charge, appeal, or subject of the said inquiry.

 

22.2 The employee also shall be allowed to give and to call evidence on the employee’s own behalf and to hear review all evidence given.

 

22.3 If an employee so requests, the employee may be represented by an officer of the Union before the employee’s Senior Officer or the Department on all such occasions.

 

22.4

 

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 a memorandum or email acknowledging its receipt and noting the matter contained therein.

 

23.2 The result of an application shall be communicated to the employee no later than fourteen days after a decision has been reached. In cases where no decision has been reached within one month, the reason for the delay shall be communicated in writing, by memorandum or email, to the employee.

 

23.3 The provisions of this clause shall not apply in cases where other procedures are specifically stipulated (eg. in Standing Orders or Commissioners Orders).

 

24. Training and Staff Development

 

24.1 The parties confirm their commitment to training and staff development for employees of the Department.

 

24.2 Employees covered by this Award shall be required to complete appropriate training to improve the productivity and efficiency of the Department’s operations.

 

24.3 Employees shall be required to complete training in accordance with competency requirements as determined by the Commissioner.

 

24.4 An employee may be directed to carry out any duties appropriate to the employee’s classification that are within the employee’s level of skill, competence and training, provided that such direction does not promote deskilling.

 

24.5 Training Review Committee (TRC)

 

24.5.1 The TRC shall provide advice to the Commissioner on an effective and equitable system of training in Fire and Rescue NSW using the principles of Competency Based Training.

 

24.5.2 The structure of the TRC will consist of 3 representatives of the Department and 3 representatives of the Union.

 

24.5.3 The Chairperson of the Committee will alternate every 12 months between a nominee of the Department and the Union.

 

24.5.4 The role of the TRC will include (but not be limited to):

 

24.5.4.1 advising the Commissioner on the further development of training throughout Fire and Rescue NSW;

 

24.5.4.2 overseeing the implementation of a Competency Based Training regime throughout Fire and Rescue NSW;

 

24.5.4.3 considering Recognised Prior Learning (RPL) policy generally and in particular, it will consider individual applications for RPL.

 

24.5.5 Procedure

 

24.5.5.1 The TRC will meet at least once every four weeks, or as otherwise agreed between the parties.

 

24.5.5.2 Members of the TRC shall be released from day to day operations, except in the event of an incident or other emergency circumstances, for the purposes of fulfilling the above roles.

 

24.5.5.3 The TRC will be adequately resourced by the Department so that it can effectively fulfil the above roles.

 

24.5.6 The Commissioner is not bound to accept the advice of the TRC and may act independently of the TRC to implement changes to training within Fire and Rescue NSW provided that notice of any such decision to implement change is notified in accordance with clause 27.6, in which case clauses 27.7 to 27.9 inclusive shall apply.

 

25. Protective Clothing and Uniforms

 

25.1 For the purpose of this Clause:

 

25.1.1 “Personal Protective Equipment” means external clothing designed for personal protection at an incident.

 

25.1.2 “Duty Wear” means duty wear trousers and duty wear shirt.

 

25.1.3 “Dress Uniform” is limited to Dress Trousers, Slacks, Culottes, Skirts, Galatea and Pullover.

 

25.2 The Department shall supply to all employees two sets of appropriate Personal Protective Equipment and Duty Wear which shall meet relevant National and/or International Standards, or as otherwise agreed to with the Union.

 

25.3 Employees supplied with the above clothing shall wear it in accordance with Departmental instructions.

 

25.4 The provision of wet weather gear shall be in accordance with existing practice.

 

25.5 Where any Personal Protective Equipment or Duty Wear is supplied by the Department and is required to be worn by its employees, and such Personal Protective Equipment or Duty Wear becomes soiled or damaged in the execution of duty as to require cleaning or repairs, such cleaning or repairs shall be done at the expense of the Department. Provided that the above Dress Uniform items shall also be cleaned or repaired at the expense of the Department.

 

25.6 When an employee retires, resigns or is terminated, the Personal Protective Equipment issued to that employee shall be returned to the station to which the employee was attached. As much of that returned Personal Protective Equipment shall be retained at the station as is necessary to maintain an emergency supply of spare Personal Protective Equipment, provided that only properly fitting, cleaned and treated structure coats and overtrousers may be re-issued to another employee and further, that all new employees will be supplied with at least one new complete set of PPE regardless.

 

26. Disputes Avoidance Procedures

 

26.1 Subject to the provisions of the Industrial Relations Act 1996, and Clause 27.2, and to enable claims, issues and disputes to be resolved while work proceeds normally, the following procedures are to apply.

 

26.2 Employee(s) and/or Union representatives will place the matter before the immediate supervisor. The immediate supervisor will take all reasonable steps to reply to the employee(s) and/or Union representatives as soon as possible, and will at least provide a progress report before the close of ordinary business on the next working day.

 

26.3 Failing agreement, employee(s) and/or Union representatives will place the claim, issue or dispute before the next higher officer in charge of the relevant zone or region. That officer will take all reasonable steps to reply to the employee(s) and/or Union representatives as soon as possible, and will at least provide a progress report before the close of ordinary business on the next working day.

 

26.4 Failing agreement, employee(s) and/or Union representatives will place the claim, issue or dispute before the Director Human Resources. The Director Human Resources will take all reasonable steps to reply to the employee(s) and/or Union representatives as soon as possible, and will at least provide a progress report before the close of ordinary business on the next working day.

 

26.5 Failing agreement, employee(s) and/or Union representatives will place the claim, issue or dispute before the Commissioner. The claim, issue or dispute and all relevant circumstances relating to it will be fully reviewed by the Commissioner and the Union and all reasonable steps shall be taken in an attempt to resolve the matter.

 

26.6 No action is to be taken by the Union which would affect the Department’s operations whilst a dispute is under investigation.

 

26.7 Failing agreement the claim, issue or dispute may be referred to the appropriate Industrial Tribunal.

 

27. Organisational Change under subclause 27.2

 

27.1. This clause recognises the capacity of the Commissioner to make decisions to effect change within the Department.

 

27.2

 

27.2.1 This clause applies to consultation and decisions regarding clause 24 (Training and Staff Development) and clause 30 (Alcohol and Other Drugs), to the exclusion of the procedures under clause 26.

 

27.2.2 This clause also applies in circumstances where the Commissioner decides to amend, revoke or replace the Procedural Guidelines specified in the Fire Brigades Amendment (Disciplinary Process) Regulation 2012, which amends Part 4 of the Fire Brigades Regulation 2008.

 

27.2.3 This clause also applies to any proposal by the Department which will result in, or is likely to result in, a substantial and ongoing reduction in the work collectively available to a brigade’s employees.

 

27.3 Prior to making any decision to effect change under the specified clauses the Commissioner must consult with the Union.

 

27.4 Consultation will commence with a written notification to the Union regarding the proposed change(s). Thereafter there will be a reasonable opportunity for the Union to present its views in relation to the proposed changes.

 

27.5 If, during the consultation process, there is a reasonable basis for the Commissioner to conclude that the consultation process has been exhausted, the Commissioner shall advise the Union accordingly and the following procedures shall then operate.

 

27.6 The Commissioner will notify the Union and the workforce affected by the proposed change of his/her decision in relation to the subject of the proposed change as well as the process and timetable for its implementation.

 

27.7 If the matter remains in dispute and is referred by the Union to the Industrial Relations Commission within 7 days of the notification of the decision under clause 27.6, there will be no implementation of the change for a further 14 days from the date of notification, subject to any orders of the Industrial Relations Commission.

 

27.8 The Union and the Commissioner shall be bound by any order or determination of the Industrial Relations Commission in relation to the dispute.

 

27.9 If Industrial action is engaged in at any stage in the operation of the process under this clause, then the prohibition on implementation under clause 27.7 ceases to operate.

 

28. Attendance and Availability Requirements

 

28.1 The following attendance guidelines shall apply to employees covered by this Award:

 

28.1.1 Attendance at Incidents -

 

28.1.1.1 Employees are required to attend a minimum of 33% of all calls received by the employee’s brigade in any six month period.

 

28.1.1.2 Employees are also required to attend a minimum of 80% of all calls received by the employee’s brigade during periods of compulsory availability in any four week period.

 

28.1.2 Attendance at Drills - Employees are required to attend a minimum of 75% of all regular drills conducted at their brigade in any six month period.

 

28.2 Any calls received or drills conducted during a period of approved leave or authorised absence shall be deemed to have been attended at the relevant minimum level, being either 33%, 75% or 80% subject to subclause 28.1, 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 employee’s Area Commander shall notify the employee in writing of such deficiency and inform the employee that his/her attendance will be monitored over the next 3 months. If the employee’s attendance does not meet the required levels pursuant to subclause 28.1.1 for that 3 month period then disciplinary action may be initiated.

 

28.4 Employees who have been notified in terms of subclause 28.3 may make application to the Commissioner for special consideration.

 

28.5 The attendance requirements referred to in subclause 28.1 may be altered by agreement between the Department and the Union.

 

28.6 Compulsory Availability

 

28.6.1 Employees are required to declare a minimum number of hours during which they will be available to respond over the course of the coming week, and the days and times upon which this declared availability will apply. The minimum number of hours required of each employee shall be known as compulsory availability, and shall be determined by their current Retainer as provided at subclause 6.3.1.1.

 

28.6.2 Subject to subclauses 28.6.3 and 28.6.4, the day(s) and time(s) of any period(s) of compulsory availability shall be determined by the firefighter in consultation with their Captain and the other employees attached to their brigade and confirmed by each employee using an agreed system or, if the Department and Union are not agreed, a system determined by the Industrial Relations Commission.

 

28.6.3 Employees who have not declared their compulsory availability for the requisite number of hours for the week commencing 0001 hours Friday by 1800 hours on the Wednesday immediately beforehand may be allocated the day(s) and time(s) of their period(s) of compulsory availability for the coming week by the Duty Commander in consultation, if practicable, with the brigade’s Captain, provided that an employee on the Standard Retainer cannot be assigned to a Weekday Retainer period without their consent.

 

28.6.4 If by 1800 hours on the Wednesday it is found that a surplus number of employees have declared their availability for a particular period then the Duty Commander may select the surplus employee(s) and allocate alternate day(s) and time(s) of compulsory availability for the employee(s) in consultation, if practicable, with them and the brigade’s Captain, provided that an employee on the Standard Retainer may not be reassigned to a Weekday Retainer period without their consent.

 

28.6.5 The surplus number of employees referred to in subclause 28.6.4 shall be determined by reference to the following table:

 

Minimum number of employees required to

Surplus number of employees for the

maintain safe and effective staffing

purpose of subclause 28.6.4

2

3 or more

4

6 or more

6

8 or more

8

10 or more

 

28.6.6 An employee who has declared a particular day(s), time(s) and/or period(s) of availability for the coming week may subsequently arrange a mutual exchange with another employee provided that the minimum number of hours required of the employee by subclause 28.6.1 will still be met and further, that the exchange receives the prior approval of the brigade’s Captain or Deputy Captain.

 

28.6.7 An employee who has been allocated a particular day(s), time(s) and/or period(s) of availability for the coming week pursuant to subclause 28.6.3 may apply to have such day(s), time(s) and/or period(s) varied, either in whole or in part, by written application to the Duty Commander, but must maintain that allocated availability unless and until advised otherwise by the Duty Commander.

 

29. Attendance at Major Emergencies

 

29.1 The provisions of this clause shall apply to those employees who attend a Major Emergency which has, following specification as such by the Commissioner, been deemed to attract such entitlements.

 

29.2 Travel Entitlements

 

29.2.1 Employees who are required to collect their firefighting uniform from the station shall be paid in accordance with subclause 9.1.1.1.

 

29.2.2 Employees who are required to use their private vehicle to attend the incident or a “pick up point” that is not at their station, shall be paid at the rate prescribed at Entitlement Code “KM” of Table 3 of Part B, for the return distance from the station to the incident or pick up point.

 

29.2.3 Employees who are provided with transport for any part of the forward and return journeys between their residence and the incident shall be entitled to be paid travelling time at the appropriate rate of pay for the employee’s classification for the time spent travelling, provided that:

 

29.2.3.1 Travelling Time shall not be paid for any part of a journey where the employee received payment under subclauses 29.2.1 or 29.2.2 of this Award; and

 

29.2.3.2 Travelling Time for the forward journey shall be calculated as being the total time between departure from the station or pick up point to arrival at the incident; and

 

29.2.3.3 Travelling Time for the return journey shall be calculated as being the total time between departure from the incident to arrival at the pick up point or station.

 

29.3 Accommodation Entitlements

 

29.3.1 Employees who reside further than 50 kilometres from the scene of the major emergency shall be entitled to be provided with appropriate accommodation where their attendance at the emergency extends beyond a single day or in such cases where it would be unreasonable to travel at the conclusion of duty.

 

29.3.2 Notwithstanding the provisions of subclause 29.3.1, the Commissioner may grant approval to provide appropriate accommodation to employees who reside within 50 kilometres of the scene of a major emergency.

 

29.3.3 Employees who are provided with accommodation shall be entitled to claim the incidental allowance prescribed at Item 7 of Table 5 of Part B, for each day of attendance.

 

29.3.4 Employees who have an entitlement to accommodation but are not provided with appropriate accommodation shall be entitled to claim an accommodation allowance in accordance with subclause 20.3.

 

29.4 Meals

 

29.4.1 Employees shall be provided with substantial meals for breakfast, lunch and dinner throughout the period of attendance at a major emergency.

 

29.4.2 Where meals are not provided to employees in accordance with subclause 29.4.1, an allowance set at Entitlement Code “MA” of Table 3 of Part B shall be paid.

 

29.4.3 Where employees are required to work between the meals provided for in subclause 29.4.1, such employees shall be entitled to the refreshments and meals prescribed by subclause 8.1.

 

29.5 Payment for time spent in Attendance

 

29.5.1 Where an employee’s period of attendance at a major emergency is less than 48 hours, such employee shall be paid at the appropriate rate of pay for the employee’s classification for the entire period of attendance.

 

29.5.2 Where an employee’s period of attendance at a major emergency is greater than 48 hours, such employee shall be paid at the appropriate rate of pay for the employee’s classification for the following periods:

 

29.5.2.1 on the day of departure from the employees’ residence, the period from the time of departure to 2400 Hrs; and

 

29.5.2.2 on the day of arrival at the employees’ residence following attendance at the major emergency, the period from 0000 Hrs to the time of arrival; and

 

29.5.2.3 for the period between the day of departure to and the day of return from attendance at a major emergency, all time less any periods of down time, provided that employees will receive payment of a minimum of 16 hours per day.

 

29.5.3 For the purposes of this subclause the “period of attendance at a major emergency” shall mean the entire period from the time of departure from the employee’s residence until the time of return to the employee’s residence following attendance at the emergency.

 

29.5.4 For the purposes of this subclause “periods of down time” shall mean periods of not less than 8 consecutive hours where employees are neither performing operational duties nor on stand by to perform such duties.

 

30. Alcohol and Other Drugs

 

30.1 The joint Protocol on Drug and Alcohol Safety and Rehabilitation in the Workplace, signed by the Department and the Union on 18 March 1998, shall apply to all employees covered by this Award until 4 September 2013, when it will be replaced by the FRNSW Alcohol and Other Drugs Policy and associated FRNSW Alcohol and Other Drugs Testing Procedures which shall thereafter then apply to all employees covered by this Award.

 

30.2 The Department may develop a new Protocol, or revised policy or procedures following consultation between the Department and the Union.

 

31. Salary Packaging Arrangements, Including Salary Sacrifice to Superannuation

 

31.1 The entitlement to salary package in accordance with this clause is available to permanent part-time employees.

 

31.2 For the purposes of this clause:

 

31.2.1 “salary” means the salary or rate of pay prescribed for the employee’s classification by clause 6, Rates of Pay and Allowances, Part B of this Award, and any other payment that can be salary packaged in accordance with Australian taxation law.

 

31.2.2 “post compulsory deduction salary” means the amount of salary available to be packaged after payroll deductions required by legislation or order have been taken into account. Such payroll deductions may include, but are not limited to, taxes, compulsory superannuation payments, HECS payments, child support payments, and judgement debtor/garnishee orders.

 

31.3 By mutual agreement with the Commissioner, an employee may elect to package a part or all of their post compulsory deduction salary in order to obtain:

 

31.3.1 a benefit or benefits selected from those approved by the Industrial Relations Secretary; and

 

31.3.2 an amount equal to the difference between the employee’s salary, and the amount specified by the Industrial Relations Secretary for the benefit provided to or in respect of the employee in accordance with such agreement.

 

31.4 An election to salary package must be made prior to the commencement of the period of service to which the earnings relate.

 

31.5 The agreement shall be known as a Salary Packaging Agreement.

 

31.6 Except in accordance with subclause 31.7, a Salary Packaging Agreement shall be recorded in writing and shall be for a period of time as mutually agreed between the employee and the Commissioner at the time of signing the Salary Packaging Agreement.

 

31.7 Where an employee makes an election to sacrifice a part or all of their post compulsory deduction salary as additional employer superannuation contributions, the employee may elect to have the amount sacrificed:

 

31.7.1 paid into the superannuation fund established under the First State Superannuation Act 1992; or

 

31.7.2 where the Department is making compulsory employer superannuation contributions to another complying superannuation fund, paid into the same complying fund; or

 

31.7.3 subject to the Department’s agreement, paid into another complying superannuation fund.

 

31.8 Where the employee makes an election to salary sacrifice, the Department shall pay the amount of post compulsory deduction salary, the subject of election, to the relevant superannuation fund.

 

31.9 Where the employee makes an election to salary package and where the employee is a member of a superannuation scheme established under the:

 

31.9.1 Police Regulation (Superannuation) Act 1906;

 

31.9.2 Superannuation Act 1916;

 

31.9.3 State Authorities Superannuation Act 1987; or

 

31.9.4 State Authorities Non-contributory Superannuation Act 1987,

 

the Department must ensure that the employee’s superable salary for the purposes of the above Acts, as notified to the SAS Trustee Corporation, is calculated as if the Salary Packaging Agreement had not been entered into.

 

31.10 Where the employee makes an election to salary package, and where the employee is a member of a superannuation fund other than a fund established under legislation listed in subclause 31.9 of this clause, the Department must continue to base contributions to that fund on the salary payable as if the Salary Packaging Agreement had not been entered into. This clause applies even though the superannuation contributions made by the Department may be in excess of superannuation guarantee requirements after the salary packaging is implemented.

 

31.11 Where the employee makes an election to salary package:

 

31.11.1 subject to Australian Taxation law, the amount of salary packaged will reduce the salary subject to appropriate PAYG taxation deductions by the amount packaged; and

 

31.11.2 any allowance, penalty rate, payment for unused leave entitlements, weekly worker’s compensation or other payment, other than any payments for leave taken in service, to which an employee is entitled under this Award or any applicable Award, Act or statute which is expressed to be determined by reference to the employee’s rate of pay, shall be calculated by reference to the rate of pay which would have applied to the employee under clause 6, Rates of Pay and Allowances, or Part B of this Award if the Salary Packaging Agreement had not been entered into.

 

31.12 The Industrial Relations Secretary may vary the range and type of benefits available from time to time following discussion with the Union. Such variations shall apply to any existing or future Salary Packaging Agreement from date of such variation.

 

31.13 The Industrial Relations Secretary will determine from time to time the value of the benefits provided following discussion with the Union. Such variations shall apply to any existing or future Salary Packaging Agreement from the date of such variation. In this circumstance, the employee may elect to terminate the Salary Packaging Agreement.

 

32. Employees’ Duties

 

32.1 An employee may be directed to carry out duties which are within the limits of his or her skills, competence, and training, in such a manner, as may be required by the Department, provided that:

 

32.1.1 the direction is reasonable, and

 

32.1.2 the direction is not otherwise inconsistent with a provision of this Award.

 

32.2 Any direction issued by the Department pursuant to subclause 32.1 shall be consistent with:

 

32.2.1 the provision of a safe and health working environment,

 

32.2.2 ensuring that the Department responds to relevant technological changes and changes in its operating environment in a timely and effective manner.

 

32.3 The parties to this Award shall work collaboratively to ensure the effective and reasonable operation of this clause.

 

33. Anti-Discrimination

 

33.1 It is the intention of the parties bound by this Award to seek to achieve the object in 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

33.2 It follows that in fulfilling their obligations under the Disputes Avoidance Procedures prescribed by Clause 26, the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this Award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the Award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

33.3 Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

33.4 Nothing in this Clause is taken to affect:

 

33.4.1 any conduct or act which is specifically exempted from anti-discrimination legislation;

 

33.4.2 offering or providing junior rates of pay to persons under 21 years of age;

 

33.4.3 any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

33.4.4 a party to this Award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

33.5 This Clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this Clause.

 

34. No Extra Claims

 

34.1 The parties agree that, during the term of this award, there will be no extra wage claims, claims for improved conditions of employment or demands made with respect to the employees covered by the award and, further, that no proceedings, claims or demands concerning wages or conditions of employment with respect to those employees will be instituted before the Industrial Relations Commission or any other industrial tribunal.

 

34.2 The terms of subclause 34.1 do not prevent the parties from taking any proceedings with respect to the interpretation, application or enforcement of existing award provisions.

 

35. Area, Incidence and Duration

 

35.1 This Award rescinds and replaces the Crown Employees (Fire and Rescue NSW Retained Firefighting Staff) Award 2014 published 4 July 2014 (376 I.G. 374) as varied.

 

35.2 This Award shall take effect on and from 19 Feburary 2016 and shall remain in force until 16 Feburary 2017.

 

PART B

 

MONETARY RATES

 

The following retainers, rates of pay and allowances are effective on and from the date shown.

 

Table 1 - Retainers

 

Clause

Retainers per fortnight

Retainer

Entitlement

19 February

 

 

Level

Code

2016

 

 

 

 

$

6.3.1.1

Recruit Firefighter,

Base

A

66.63

 

Firefighter and

 

 

 

 

CFR Firefighter

 

 

 

 

 

50%

B

133.26

 

 

75%

C

199.89

 

 

100%

D

266.52

6.3.1.2

Deputy Captain and

Base

E

111.05

 

CFR Deputy Captain

 

 

 

 

 

50%

F

148.07

 

 

75%

G

222.11

 

 

100%

H

296.14

6.3.1.3

Captain and

Base

I

124.38

 

CFR Captain

 

 

 

 

 

50%

J

165.84

 

 

75%

K

248.76

 

 

100%

L

331.68

 

Table 2 - Rates of Pay

 

Clause

Rates of Pay

Entitlement

19 February

 

 

Code

2016

 

 

 

$

 

Recruit Firefighter

1st hour

M

28.21

 

 

Each further hour or part

N

14.11

 

Firefighter

1st hour

O

31.73

 

 

Each further hour or part

P

15.87

 

CFR Firefighter

1st hour

Q

33.95

 

 

Each further hour or part

R

16.98

6.3

Deputy Captain

1st hour

S

35.26

 

 

Each further hour or part

T

17.63

 

CFR Deputy

1st hour

U

37.73

 

Captain

 

 

 

 

 

Each further hour or part

V

18.87

 

Captain

1st hour

W

39.49

 

 

Each further hour or part

X

19.75

 

CFR Captain

1st hour

Y

42.25

 

 

Each further hour or part

Z

21.13

6.7.1

Relief Duties,

1st two hours

RD2

106.38

 

all ranks

Each further hour

RDH

70.94

6.8.1.1

Royal Easter Show per hour,

RASF

49.08

 

Recruit, Firefighter and CFR Firefighter

 

 

6.8.1.2

Royal Easter Show per hour,

RASDC

52.61

 

Deputy Captain and CFR Deputy Captain

 

 

6.8.1.3

Royal Easter Show per hour,

RASC

56.84

 

Captain and CFR Captain

 

 

 

Table 3 - Allowances

 

Clause

Allowances

Entitlement

19 February

 

 

Code

2016

 

 

 

$

6.9

RTAAS Allowance, per fortnight

RTAS

14.92

6.7.3, 9.1.1

Kilometre Allowance

KM

1.22

9.2.1, 9.2.3

 

 

 

20.1, 20.5.5

 

 

 

29.2

 

 

 

8.2.2, 8.3.1

Meal Allowance

MA

28.80

29.4.2

 

 

 

8.2.1, 8.3.1

Refreshment Allowance

RA

14.40

 

Table 4 - Authorised Duties

 

Attendance at:

 

Bushfire Management Committee Meetings

Local/District Emergency Management Committee Meetings

Local Government Meetings

Zone/Regional conferences and information days

Other such meetings as authorised by the Department.

 

Completion of Fire Reports where insufficient time available at the conclusion of calls

 

Testing of Fire Alarms

 

Attendance at station to enable service and maintenance work to be carried out

 

Station maintenance (i.e. lawn mowing, cleaning, BA and equipment checks)

 

Performance of Engine Keeper duties

 

Transporting FRNSW equipment in private vehicle

 

Restowing of Firefighter vehicles

 

Hose Repairs

 

Transporting a Firefighting Vehicle for servicing and/or repairs from the Station to another location

 

Recharging of BA cylinders

 

Participation in selection committees

 

Attendance at PR activities (i.e. open days, fetes, career markets, information displays, etc.)

 

Attendance at Public Education activities (i.e. sessions in schools/community groups, smoke alarm campaigns)

 

Participation in joint training sessions/exercises with other emergency services

 

Attendance at training exercises/schools additional to the normal drill program

 

Hydrant Inspections

 

Pre-incident planning exercises

 

Table 5 - Travelling Compensation Allowances

 

Item

Clause

Description

Unit

On and from 1 July 2015

No.

No.

 

 

 

1

20.2.1

Breakfast

Per meal

##

^^

 

 

 

 

25.90

23.20

2

20.2.2

Lunch

Per meal

##

^^

 

 

 

 

29.15

26.50

3

20.2.3

Dinner

Per meal

##

^^

 

 

 

 

49.65

45.70

 

 

Accommodation first 35 days

 

 

 

 

(includes all meals)

 

 

 

 

- Capital Cities

 

$308.45 Sydney

 

 

 

 

$280.45 Adelaide

 

 

 

 

$328.45 Brisbane

 

 

 

 

$291.45 Canberra

 

 

 

 

$339.45 Darwin

 

 

 

 

$255.45 Hobart

 

 

 

 

$296.45 Melbourne

 

 

 

 

$356.45 Perth

 

 

 

 

 

 

 

- High Cost Country Centres

 

$288.45 Bourke

 

 

 

 

$263.45 Gosford

 

 

 

 

$275.45 Maitland

 

 

 

 

$258.45 Mudgee

 

 

 

 

$278.45 Newcastle

 

 

 

 

$452.45 Norfolk Island

 

 

 

 

$278.45 Orange

 

 

 

 

$263.45 Port Macquarie

 

 

 

 

$256.45 Queanbeyan

 

 

 

Per day

$264.45 Wagga Wagga

 

 

 

 

$259.45Wollongong

4

20.3.1

 

 

 

 

 

- Tier 2 Country Centres

 

$246.15 Albury

 

 

 

 

$246.15 Armidale

 

 

 

 

$246.15 Bathurst

 

 

 

 

$246.15 Bega

 

 

 

 

$246.15 Broken Hill

 

 

 

 

$246.15 Coffs Harbour

 

 

 

 

$246.15 Cooma

 

 

 

 

$246.15 Dubbo

 

 

 

 

$246.15 Goulburn

 

 

 

 

$246.15 Griffith

 

 

 

 

$246.15 Gunnedah

 

 

 

 

$246.15 Lismore

 

 

 

 

$246.15 Muswellbrook

 

 

 

 

$246.15 Nowra

 

 

 

 

$246.15 Tamworth

 

 

 

 

$246.15 Tumut

 

 

 

 

 

 

 

- Other Country Centres

 

$224.15

5

20.3.2 &

Actual Necessary Expenses - all locations

Per day

18.75

 

29.3.3

 

 

 

6

20.3.3

Accommodation –

Per day

50% of the appropriate

 

 

after first 35 days and up to 6 mths

 

location rate

7

20.4

Incidental Expenses

Per day

$18.75

 

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.

 

 

 

 

J.V. MURPHY

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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