8.5.1 The Overlap
roster system is based on two platoons over an 8-week cycle.
8.5.2 The shifts
within the Overlap roster cycle shall be as set out in the Table at subclause
8.5 where: D = 0700 hours to 1730 hours.
8.6 Special Roster
System
8.6.1 The Special
Roster System is a Monday to Friday day shift roster with the commencing and
ceasing times for Monday to Thursday being 0800 hours to 1630 hours,
respectively and for Friday 0800 hours to 1600 hours respectively.
8.7 Except for
fire stations operating the Standard 10/14 roster system on the date of the
making of this Award, the roster prescribed in subclause 8.3 of this clause
shall not apply to fire stations which the Department determines shall be
staffed by employees on a full‑time basis for less than 168 hours per
week and by Retained Fire-fighters for the balance of the week where the
ordinary hours not exceeding 40 per week shall be worked as directed by the
Department from time to time.
8.8 The average
ordinary working hours of employees holding the classification of Recruit
Fire-fighter shall be 40 hours per week. The rostered hours of work for Recruit
Fire-fighters shall be arranged so that
they shall not accrue 38 hour leave. The hourly rate of pay of an employee
holding the classification of Recruit Fire-fighter shall be determined by
dividing the weekly rate of pay for a Recruit Fire-fighter by 40.
8.9 Irrespective
of which roster is for the time being applicable, the following general conditions
shall apply:
8.9.1 In the event of
an alarm, requiring any station to stand by or respond to an incident, being
received at the station during roll call, the oncoming platoon shall, if
required, respond to the incident. The off-going platoon shall remain on duty,
if required, or until otherwise directed. Roll calls shall be conducted by the
station bell being rung two minutes before rostered time to change shift.
8.9.2 The oncoming
shift available in the station may attend roll call without any overtime
penalty being incurred, but on completion of the roll call and the
Officer-in-Charge being satisfied that there are adequate staff for the shift,
the off-going shift shall then be dismissed.
8.9.3 No employee
shall be charged with being absent from duty who misses the roll call at two
minutes in the time set for the change of shift, provided that the employee is
on station premises by the rostered time for the shift to commence. An employee
retained beyond the ceasing time of the shift shall be paid overtime.
8.9.4 If, when the
oncoming platoon reports at a station at the time prescribed for the change of
shift, the other platoon is proceeding to or attending an incident or alarm,
the oncoming platoon, if so ordered, shall after roll call, proceed to the
incident and the Officer or senior members of the platoon shall report, without
delay, the arrival of the platoon to the Officer-in-Charge of the incident. The
off-going platoon shall remain on duty at the incident until relieved.
8.9.5 The Officer-in-Charge
of the incident may, if in that Officer's judgment it is expedient, hold both
the oncoming and off-going platoons for duty at the incident. If the off-going
platoon is not held at the incident or is not detained at the incident for duty
elsewhere, it shall report back to the station and shall remain available until
the other platoon returns or until otherwise directed, when it shall be
dismissed.
8.9.6 In the event of
one or more members of the ongoing platoon being absent an equal number of members
in the platoon on duty shall be liable to be detained on duty until such time
as they may be relieved. Nothing herein contained shall be deemed to sanction
an unauthorised absence or to relieve the absent member from a liability to be
charged with being absent without leave and dealt with accordingly.
8.10 The rosters
provide for an amount of residual leave of 7.25 hours per annum, which is to be
credited as consolidated leave, on the anniversary of the employee's date of
commencement of employment by the Department notwithstanding the provisions of
subclause 8.8.
8.11 No employee
shall be permitted to work in excess of sixteen hours straight except in the
case of a call to an incident or other emergency circumstances.
9. Overtime
9.1 Overtime shall
be paid for at the rate of time and one-half for the first two hours and at the
rate of double time thereafter, provided that an employee who is required to
work overtime shall be entitled to payment for at least 15 minutes of overtime
on each occasion that the employee is called upon to work overtime.
9.2 For meal
allowance entitlements where an employee works for more than two hours after
the rostered finishing time of the shift, see Clause 10, Meals and
Refreshments.
9.3 When it is
reasonably necessary for an employee who has returned to the station either
before or after the ceasing hour of the shift to clean up before leaving the
station, and thereby justifiably leaves the station after the ceasing hour, the
time so reasonably and necessarily occupied beyond the ceasing hour shall be
paid for as overtime; provided, however, that on return to the station the
employee draws the situation to the attention of the Officer-in-Charge of the
station and that during the next working shift applies in writing for the
overtime due under this subclause, specifying the grounds of the claim;
provided, further, that if an employee is prevented by duty or other reasonable
cause from making the claim on the next working shift the employee shall make
the claim on the next ensuing working shift.
9.4 The hourly
rate of pay for an employee for the purpose of this clause shall be ascertained
by dividing the appropriate weekly "rate of pay" for such employee by
forty.
9.5 Recall to
Incident
9.5.1 An employee who
is off duty and who is called upon, pursuant to subclause 9.5.2, to report for
duty to attend an incident shall be entitled to a minimum payment equal to two
hours at overtime rates.
9.5.2 Notwithstanding
anything elsewhere contained in this clause, in the case of an incident, all
employees off duty shall be liable to be called upon to report for duty and if
called upon shall report immediately for duty
9.5.3 An employee who
is on annual leave or long service leave and who reports for duty to attend an
incident shall, in addition to payment pursuant to subclause 9.1, be credited
with consolidated leave equal to the amount of time so worked.
9.5.4 For meal
allowance entitlements when the employee remains on duty for a period of four
hours or more in connection with a recall pursuant to subclause 9.5.1, see
Clause 10, Meals and Refreshments.
9.6 Recall to
Maintain Required Staffing Levels
9.6.1 An employee off
duty who is required to report for duty for the purpose of maintaining required
staffing levels shall, on so reporting, be entitled to a minimum payment equal
to four hours at overtime rates.
9.7 Where an
employee recalled pursuant to either subclauses 9.5.2 or 9.6.1:
9.7.1 Is required to
transport the employee's gear from the station/location at which the gear is
located to another station/location in order to perform the duties of the
recall, such employee shall be paid the amount set at Item 23 of Table 3 of
Part D, for the distance travelled on the forward journey between the two
locations. In the event that the Department is unable to transport the
employee's gear back to the station/location at which the gear was located, the
employee shall also be entitled to be paid return kilometres equal to the
forward journey. For the purpose of this subclause "distance
travelled" means the agreed distance or, if the distance is not covered by
a Matrix, the actual kilometres travelled.
9.7.2 Incurs a toll
as a consequence of using a bridge, tunnel or motorway when travelling to
perform the recall, such employee shall be reimbursed for the cost of the toll.
9.8 On such nights
as may be fixed by the Department or by the Commissioner on reasonable notice
in the circumstances not exceeding two nights in any week, an employee shall
work such overtime as is reasonably necessary for usual Brigade inspections, or
for giving instructions to Retained Fire-fighters.
9.9 When overtime
work is necessary it shall, except in the case of an emergency, be so arranged
that employees have at least eight consecutive hours off duty between the work
of successive shifts. Where an employee works so much overtime between the
termination of the employee's ordinary work on any day or shift, and the
commencement of the employee's ordinary work on the next day or shift, that the
employee has not had at least eight consecutive hours off duty between these
times, the employee shall be released after completion of such overtime until
the employee has had eight consecutive hours off duty without loss of pay for
ordinary working time occurring during such absence.
9.9.1 If on the
direction of the employee's authorised supervisor, such employee resumes or
continues work without having had such eight consecutive hours off duty, the
employee shall be paid at the rate of double time until the employee is
released from duty for such period, and the employee shall be entitled to be
absent until the employee has had eight consecutive hours off duty without loss
of pay for ordinary working time occurring during such absence.
9.9.2 Provided that
while recalls shall be paid for at overtime rates in accordance with this
Award, where the actual total time worked on a recall or recalls is less than 3
hours it shall not count for the purpose of determining whether an employee has
had an eight hour break pursuant to this subclause.
10. Meals and Refreshments
10.1 Attendance at
an Incident
10.1.1 For
the purposes of this clause, an "incident" also includes hazard
reduction or any similar situation where facilities comparable to those
provided at fire stations are not available to partake of a meal.
10.1.2 Where
an employee attends an incident which extends for two hours or more;
10.1.2.1 In
the GSA, Newcastle, Broken Hill, Gosford, Wyong and Wollongong Fire Districts,
refreshments shall be provided;
10.1.2.2 In all
other Fire Districts, refreshments shall be provided as soon as possible after
two hours but no later than three hours.
10.1.3 Where
such an incident extends for four hours or more, the employee shall be provided
with a substantial meal. After every subsequent four hours of attendance at
such an incident, a further substantial meal shall be provided.
10.2 Payment in Lieu
of the Provision of Refreshments/Meals
10.2.1 Where
refreshments are not provided in terms of subclause 10.1.2, an allowance set at
Item 6 of Table 3 of Part D, shall be paid.
10.2.2 Where
meals are not provided in terms of subclause 10.1.3, an allowance set at Item 5
of Table 3 of Part D, shall be paid.
10.3 During Overtime
10.3.1 An
employee who works overtime which:
10.3.1.1 involves
the attendance at an incident shall be provided with refreshments/meals in
terms of subclauses 10.1.2 and 10.1.3 or the payment in lieu thereof as
prescribed in subclause 10.2;
10.3.1.2 does
not involve attendance at an incident and is not a recall for the purpose of
maintaining required staffing levels, shall, if such overtime extends for more
than two hours, be paid the allowance set out at Item 5 of Table 3 of Part D.
After every subsequent four hours of such overtime worked, an allowance as set out
at Item 6 of Table 3 of Part D, shall be paid.
10.4 Method of
Payment and Calculation of Allowances in Lieu of Refreshments/Meals
10.4.1 The
payments referred to in this clause shall, unless the Officer-in-Charge is not
available to make such payment, be made prior to or at the cessation of the
shift or overtime as the case may be. In cases where the Officer-in-Charge is
not available to make payment, the employee shall be paid at the earliest
opportunity thereafter.
10.4.2 The
allowances referred to in this clause shall be calculated as follows:-
10.4.2.1 The
amount at Item 5 of Table 3 of Part D, is the average, rounded to the nearest
five cents, of the amounts prescribed for breakfast, lunch and dinner under the
Crown Employees (Public Service Conditions Of Employment 2002) Award.
10.4.2.2 The
amount in Item 6 of Table 1 is half, rounded to the nearest five cents, of the
amount in Item 5 of Table 3 of Part D.
10.4.2.3 The
amounts specified in 10.4.2.1 and 10.4.2.2 shall be re-calculated, and shall
take effect from the same date, as any adjustments made to the breakfast, lunch
and dinner allowances in the Crown Employees (Public Service Conditions of
Employment 2002) Award.
11. Transport
11.1 Where an
employee has been rostered for duty and works from 0800 hours to 1800 hours and
is retained on overtime and ceases duty after 2000 hours and public transport
or other normal means of transport is not reasonably available, arrangements
may be made by the Department to provide transport (by taxi or otherwise) to
ensure that the employee obtains reasonable transport home.
12. Relieving Provisions
12.1 The provisions
of this clause shall only apply to:
12.1.1 Relieving
Employees, as defined in Clause 4, when such employees work a rostered shift at
either the employee's base station/location or performs a relief duty at
another station/location; and
12.1.2 Other
employees when such employees perform an "Out duty", as defined in
Clause 4.
12.2 Relieving
Employees shall be assigned to a base station/location which, as far as is
practicable having regard to the Department's operational requirements, is in
the employee's stated preferred Zone, or in the Zone closest to the employee's
residence.
12.3 Relieving
Employees shall report for duty at their base station/location unless otherwise
directed.
12.4 Except in the
case of Inspectors and for relief duties performed outside the GSA, Newcastle,
Gosford, Wyong and Wollongong Fire Districts, Relieving Employees (or other
employees pursuant to 12.1.2) cannot be directed to perform relief duty outside
the Fire District to which they are attached.
12.5 Notwithstanding
the provisions of 12.4, any employee may elect to perform relief duty outside
the Fire District to which they are attached.
12.6 "Base
rate" payment.
12.6.1 A
"base rate" of an amount set at Item 7 of Table 3 of Part D shall be
paid to:
12.6.1.1 a
Relieving Employee for each rostered shift worked by the employee at the
employee's base station and, except as provided for by subclause 12.6.2 or as
otherwise provided by this Award, for each rostered shift on which the employee
performs a relief duty at another station/location.
12.6.1.2 other
employees on each occasion, except as provided for by subclause 12.6.2 or as
otherwise provided by this Award, when such employees perform an out duty in
terms of subclause 12.1.2.
12.6.2 Unless
otherwise provided in this Award, the "base rate" payment prescribed
in subclause 12.6.1 shall not be paid to either a Relieving Employee (or other
employee pursuant to 12.1.2) in cases where the employee is compensated for
excess travelling time and/or payment for travel/accommodation expenses in
accordance with the provisions of Clause 26, Travelling Compensation.
12.7 Unless
specifically provided for elsewhere in this clause, when a Relieving Employee
(or other employee pursuant to 12.1.2) is required to perform relief duty on a
rostered shift at another station/location:
12.7.1 included
within a Matrix and for which an agreed distance therefore exists, the employee
shall be entitled to, in addition to the base rate, payment of the amount per
kilometre set out at Item 4 of Table 3 of Part D, for that agreed distance.
12.7.2 In
situations not covered by subclause 12.7.1:
12.7.2.1 with
prior notice, the employee shall be entitled to the base payment plus, if
applicable, payment of the amount per kilometre set out at Item 4 of Table 3 of
Part D for any excess distance travelled. For the purposes of this subclause,
excess distance shall be any distance actually and reasonably travelled by the
employee to the relief station/location in excess of that normally travelled by
the employee to report for duty at the employee's base station/location.
12.7.2.2 without
prior notice, the employee shall be entitled to, in addition to the base rate,
payment of the amount per kilometre set out at Item 4 of Table 3 of Part D, for
the distance actually travelled.
12.7.2.3 the
provisions of 12.7.2.1 are to be read in conjunction with the provisions of
subclause 12.8.
12.8 If, in a particular
case, an employee considers that the presumed "no disadvantage"
envisaged in the provisions of 12.7.2.1 is in fact not the case, the employee
may submit a claim for the total compensation that the employee considers to be
reasonable in the circumstances. All such claims must be supported with written
reasons.
12.9 For the purpose
of this Clause, "distance" shall mean the agreed distance prescribed
between two stations/locations in the Matrices. If the distance between two
stations/locations is not prescribed in those Matrices, then
"distance" shall mean the actual distance necessarily and reasonably
travelled.
12.10 The parties
acknowledge that the majority of the distances contained in the Matrices have
been calculated using an electronic measuring device. In the event that a
discrepancy is identified, the distance in question shall first be rechecked
using the electronic measuring device. If the discrepancy still exists then the
distance in question shall be checked using, if practicable, a motor vehicle,
and if not, some other method agreed to by the Department and the Union.
12.10.1 If a
distance in the Matrices is found to be incorrect, then a new agreed distance
will be determined. Any new distance and its effective date will be published
in the next available In Orders.
12.10.2 In
cases where the corrected distance is more than that shown in the Matrices, it
will take effect from the beginning of the pay period in which the discrepancy
was first notified in writing by an employee.
12.10.3 In cases
where the revised distance is less than that contained in the Matrices, the new
distance will operate prospectively from the beginning of the first pay period
to commence on or after the date that the new distance is published in In
Orders.
12.11 Multiple Reliefs
During a Rostered Shift.
12.11.1 Where
a Relieving Employee (or other employee pursuant to 12.1.2) performs relief
duties during a rostered shift at more than one station/location, payment shall
be made for kilometres for the forward journey/journeys between the station at
which duty commenced and the subsequent station/s and between the station at
which duty ceased and the station at which duty commenced. Provided that this
provision shall not reduce any entitlement that the employee may have in
relation to commencing duty at the station at which duty commenced.
12.11.2 The
provisions of 12.11.1 shall not apply in cases where the provisions of Clause
26, Travelling Compensation, apply.
12.12 Provision of
Transport
12.12.1 Where
a Relieving Employee (or other employee pursuant to 12.1.2) is directed without
prior notice after the commencement of a rostered shift, to perform relief duty
at another station/location, the employee may request the provision of
transport by the Department.
12.12.2 Where
an employee requests the provision of transport in terms of 12.12.1, the
employee shall be entitled to the following provisions. Apart from these
provisions, no other provisions of this clause shall apply.
12.12.2.1 Payment
of the base rate.
12.12.2.2 Except
if the employee makes an election in terms of 12.12.2.3, the employee shall be
entitled to transport back to the station/location at which duty commenced and to travelling time as prescribed in
Clause 26, Travelling Compensation, for the time actually taken, from the
completion of duty, to return to the station at which duty commenced.
12.12.2.3 Where
an employee elects to return to the station/location after completion of duty
to the station at which duty commenced by the employee's own means, the
employee shall be entitled to be paid the amount prescribed at Item 4 of Table
3 of Part D, for half the distance prescribed in the relevant Matrix. If no
distance is prescribed, the distance shall be the actual distance necessarily
and reasonably travelled by the employee to return to the station at which duty
commenced.
12.13 Where a
Relieving Employee (or other employee pursuant to 12.1.2) incurs a toll as a
consequence of using a bridge, tunnel or motorway when travelling to perform a
relief duty, such employee shall be reimbursed for the cost of the toll.
12.14 A Relieving
Employee (or other employee pursuant to 12.1.2), who is directed to perform a
relief duty on a rostered shift at a station/location which requires the
employee to reside at a place other than the employee's residence, shall be
entitled to the relevant provisions of Clause 26, Travelling Compensation, in
lieu of the provisions of this clause.
12.15 Where a
Relieving Employee (or other employee pursuant to 12.1.2) performs a relief at
a station/location which, under normal circumstances would not require the
employee to reside at a place other than the employee's residence, but because
of special circumstances the employee is given approval by the Department for
accommodation in order to have sufficient rest before returning home, the
employee shall be entitled to the following:
12.15.1 Appropriate
accommodation provided or arranged by the Department.
12.15.2 Retention
of the Base Rate.
12.15.3 With
the exception of travelling time and costs for travel, the relevant provisions
of Clause 26, Travelling Compensation.
12.15.4 The
amount set at Item 4 of Table 3 of Part D, as if the employee had not stayed in
the accommodation.
12.16 The base rate
set at Item 7 and the kilometre rate set at Item 4 of Table 3 of Part D, are in
compensation for excess travelling time and the cost of excess travel to and
from the station/locations at which relief duties are performed on a rostered
shift.
12.17 Performance of
Out duties.
12.17.1 An employee
cannot be directed to perform more than eight (8) out duties in any Calendar
year.
12.17.2 Notwithstanding
the provisions of 12.17.1, an employee may elect to perform more than eight (8)
out duties in any Calendar year.
12.18 The provisions
of this clause do not apply in cases where an employee acts up as an Executive
Officer, or where an employee, not being a Relieving Employee, acts up at the
employee's base station/location.
12.19 Unless
specifically provided for by this clause, the provisions of this clause and
Clause 26, Travelling Compensation, shall be mutually exclusive. That is, an
employee who is entitled to make a claim, in relation to a particular
situation, under the provisions of Clause 26, Travelling Compensation, shall
not be entitled to make any claim under the provisions of this clause, or vice
versa.
12.20 Where an
employee is required to use the employee's private vehicle to perform a
"Stand By", as defined in Clause 4, Definitions, compensation shall
only be in terms of subclause 6.6.2.
13 Progression and Promotion Provisions
13.1 This clause
prescribes:
13.1.1 progression
and promotion provisions, and;
13.1.2 the
constitution and operation of the Training Review Committee.
Progression and Promotion Provisions
13.2 All employees
shall be required to satisfy and maintain the competencies specified, by the
Commissioner on the advice of the Training Review Committee, for the
classification to which they are appointed.
Recruit Fire-fighter to Fire-fighter Level 1
13.3 Recruit
Fire-fighters shall be on probation until they have progressed to Fire-fighter
Level 1, or for a period of six months, whichever is the lesser. Progression
from Recruit Fire-fighter to Fire-fighter Level 1 shall be subject to the
satisfactory completion of Certificate 2 (Fire fighting Operations) undertaken
at the NSW Fire Brigades Training College.
Fire-fighter Level 1 to Qualified Fire-fighter
13.4 Progression to
Fire-fighter Level 2, to Fire-fighter Level 3, to Fire-fighter Level 4 or to
Qualified Fire-fighter shall, in addition to the minimum periods of service
required at subclause 13.5, be subject at each classification to the
satisfactory completion of the training and/or training competencies specified,
by the Commissioner on the advice of the Training Review Committee, for such
progression.
13.5 Progression to
Fire-fighter Level 2, to Fire-fighter Level 3, to Fire-fighter Level 4 or to
Qualified Fire-fighter, shall also be subject to the satisfactory completion
of;
13.5.1 in
the case of progression to Fire-fighter Level 2, twelve (12) months service
from the date of commencement as a Recruit Fire-fighter; or
13.5.2 in
the case of progression to Fire-fighter Level 3, twenty four (24) months
service from the date of commencement as a Recruit Fire-fighter; or
13.5.3 in
the case of progression to Fire-fighter Level 4, thirty six (36) months service
from the date of commencement as a Recruit Fire-fighter; or
13.5.4 in
the case of progression to Qualified Fire-fighter, forty eight (48) months service
from the date of commencement as a Recruit Fire-fighter.
13.6
13.6.1 Progression
to Qualified Fire-fighter is a mandatory achievement required for all
Fire-fighters. Failure to achieve progression to this classification within a
reasonable time, will result in the employee being considered unsuitable for
continued employment in the Department, 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.
13.6.2 For
the purpose of subclause 13.6.1, "reasonable time" will mean a period
in excess of the minimum time required to achieve progression to the
classification of Qualified Fire-fighter. 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.
Qualified Fire-fighter to Senior Fire-fighter
13.7 Progression
from Qualified Fire-fighter to Senior Fire-fighter shall be subject to a
minimum of two years satisfactory service as a Qualified Fire-fighter and to
satisfactory completion of the training and/or training competencies specified,
by the Commissioner on the advice of the Training Review Committee, for
progression to Senior Fire-fighter.
Senior Fire-fighter to Leading Fire-fighter
13.8 Progression
from Senior Fire-fighter to Leading Fire-fighter shall be subject to: firstly;
at least three years service as a Senior Fire-fighter as of the date of the
relevant Pre-Entry Test; secondly, the acquisition of the necessary Station
Officer competencies as agreed between the Department and the Union; and
thirdly, acceptance into the coming year’s Station Officers' Promotion Program.
13.8.1 Applications
for entry into the coming year’s Station Officers' Promotion Program shall be
called for from eligible Senior Fire-fighters in In Orders in September each
year. The number of positions available in that coming year’s Station Officers'
Promotion Program shall be specified in the same In Orders, and will be solely
dependent on the forward planning needs of the Department.
13.8.2 The
order of merit for entry into the Station Officers' Promotion Program shall be
determined by the level of achievement of applicants in an annual Pre-Entry Test,
which shall be held each November. This Pre-Entry Test shall consist of two
components. The first component shall be directed at assessing the current
knowledge of the applicant. This test shall be focussed on the knowledge that
an eligible Senior Fire-fighter should reasonably be expected to have after 9
years of service and shall comprise 70% of the total score of the Pre-Entry
Test (40% technical/general knowledge and 30% on incident scenarios). The
second component shall focus on the knowledge and understanding of Station
Officers' management and supervision issues. This component shall be conducted
by an independent party and shall be based on pre-reading supplied to the
applicants. This component shall comprise 30% of the total score of the annual
Pre-Entry Test.
13.8.3 The
successful applicants for a given year’s Station Officers' Promotion Program
shall be drawn from the top of the order of merit list referred to in subclause
13.8.2. The Department shall accept and promote to Leading Fire-fighter the
same number of those applicants as there were positions advertised in
accordance with subclause 13.8.1.
Leading Fire-fighter to Station Officer Level 1
13.9 Promotion from
Leading Fire-fighter to Station Officer shall be subject to the occurrence of a
vacancy and in accordance with the following provisions:
13.9.1 Subject
to the provisions of 13.9.2, promotion to Station Officer Level 1 shall be
subject to the successful completion of the Station Officers’ Promotion
Program, the content and format of which shall be agreed between the Department
and the Union. The order of promotion of Leading Fire-fighters who successfully
complete the Station Officers’ Promotion Program shall be determined by their
placement on the order of merit list arising from assessments forming part of
that Station Officers’ Promotion Program.
13.9.2 Leading
Fire-fighters who do not successfully complete their initial Station Officers'
Promotion Program shall gain automatic entry to the next subsequent Program
and, provided this second Program is successfully completed, such employees
shall take precedence in the order of promotion of that Program’s successful
participants. If a Leading Fire-fighter does not successfully complete the
Station Officers' Promotion Program upon this second attempt then that employee
will be returned to the classification of Senior Fire-fighter.
Station Officer Level 1 to Station Officer Level 2
13.10 Progression from
Station Officer Level 1 to Station Officer Level 2 shall be subject to the
completion of two years satisfactory service as a Station Officer.
Station Officer Level 2 to Inspector
13.11 Promotion from
Station Officer Level 2 to Inspector shall be subject to the occurrence of a
vacancy and the successful completion of the Inspectors’ Promotion Program, the
content and format of which shall be agreed between the Department and the
Union.
13.11.1 Applications
for entry into each Inspectors’ Promotion Program shall be called for from
Station Officers Level 2 in In Orders. The number of positions available in
each Inspectors’ Promotion Program shall be specified in the same In Orders,
and will be solely dependent on the forward planning needs of the Department.
13.11.2 The
order of merit for entry into each Inspectors’ Promotion Program shall be
determined by the level of achievement of applicants in a Pre-Entry Test, the
content and format of which shall be agreed between the Department and the
Union.
13.11.3 Subject
to the provisions of subclause 13.11.4, the successful applicants for each
Inspectors’ Promotion Program shall be drawn from the top of the order of merit
list referred to in subclause 13.11.2. The Department shall accept the same
number of those applicants to the Inspectors’ Promotion Program as there were
positions advertised in accordance with subclause 13.11.1. The order of
promotion of Station Officers Level 2 who successfully complete the Inspectors’
Promotion Program shall be determined by their placement on the order of merit
list arising from assessments forming part of the Inspectors’ Promotion
Program.
13.11.4 Station
Officers Level 2 who do not successfully complete their initial Inspectors’
Promotion Program shall gain automatic entry to one further Inspectors’
Promotion Program and, provided this second Program is successfully completed,
such employees shall take precedence in the order of promotion of that
Program’s successful participants. If a Station Officer Level 2 does not
successfully complete the Inspectors’ Promotion Program upon this second
attempt then that employee will be required to undertake the Pre Entry Test as
described in sub clause 13.11.2.
Inspector to Executive Officer
13.12 Promotion from
Inspector to Chief Superintendent Level 2 or Chief Superintendent Level 1 or
Superintendent shall be in accordance with the provisions of Clause 43 of this
Award.
General Provisions
13.13 While the
progression/promotion provisions specified in this clause refer to minimum
periods of service as one of the requirements for such progression/ promotion,
the Department and the Union acknowledge and accept that:
13.13.1 as
the competency standards/levels required by the NSW Fire Brigades are
determined and established for each classification, the requirement for minimum
periods of service may, by agreement between the Department and the Union in
each case, no longer apply.
13.13.2 the
competency standards/levels required by the NSW Fire Brigades for each
classification shall be those as determined from time to time by the
Commissioner based on the advice of the Training Review Committee.
13.14 In all cases,
progression/promotion shall, in addition to the provisions specified for such
progression/promotion, also be subject to satisfactory service.
Training Review Committee (TRC)
13.15 The TRC shall
develop and implement an effective and equitable system of training in the NSW
Fire Brigades using the principles of Competency Based Training.
13.16 The structure of
the TRC will consist of 3 representatives of the Department and 3
representatives of the Union.
13.17 The Chairperson
of the Committee will alternate every 12 months between a nominee of the
Department and the Union.
13.18 The role of the
TRC will include (but not be limited to):
13.18.1 the
further development of training throughout the NSW Fire Brigades;
13.18.2 overseeing
the implementation of an agreed Competency Based Training regime throughout the
NSW Fire Brigades;
13.18.3 acting
as a reference point for all "disputes" relating to training in the
NSW Fire Brigades; and
13.18.4 considering
Recognised Prior Learning (RPL) policy generally and in particular, the
consideration of individual applications for RPL.
13.19 Procedure
13.19.1 The
TRC will meet at least once every four weeks;
13.19.2 Members
who are on shift on the day of the meeting will be released from day to day
operations, except in the event of an incident or other emergency
circumstances, for the purposes of fulfilling the above roles;
13.19.3 The
TRC will be adequately resourced by the Department so that it can effectively
fulfil the above roles.
14. Operational Support Positions
Establishment of Operational Support Positions
14.1 Operational
Support positions shall be identified and established as such by agreement
between the Department and the Union as evidenced by a Position Description for
each such Operational Support position which has been countersigned by duly
authorised representatives of both parties.
14.2 The format and
content of each Position Description referred to in subclause 14.3 shall be
that as agreed between the Department and the Union, but shall include the
position’s:
14.2.1 Title;
14.2.2 Statement
of duties;
14.2.3 Essential
and desirable qualifications, which shall in all instances include a minimum operational rank of
Qualified Fire-fighter;
14.2.4 Hours
of work, specifying in the case of Operational Support positions Levels 1 to 3
inclusive which roster is to be worked pursuant to Clause 8 of this Award; and
14.2.5 Operational
Support classification, ranging from Level 1 to Level 5, which shall be
determined by agreement between the parties using the Hay job evaluation
system.
14.3 A register of
agreed and established Operational Support Position Descriptions shall be
maintained by both parties. Once established, Position Descriptions shall not
be varied except by agreement between the Department and the Union.
General Conditions for Operational Support Positions
14.4 Appointment to
Operational Support positions will be determined solely on the basis of
competitive merit selection and will be subject to the occurrence of a vacancy.
Selection Committees shall be constituted in accordance with the Recruitment
and Employment Guidelines of the NSW Public Service.
14.5 The rates of
pay for employees occupying Operational Support positions are as specified in
Table 2 of Part D, Monetary Rates.
14.6 Unless
expressly provided elsewhere within this Award, the general conditions of
employment for occupants of Operational Support positions at Levels 1 to 3
inclusive shall be the same as those applying to Operational Fire-fighters
generally pursuant to subclauses 1.5 and 1.6 of this Award.
14.7 Unless
expressly provided elsewhere within this Award, the general conditions of
employment for occupants of Operational Support positions at Levels 4 and 5
shall be the same as those applying to Executive Officers generally pursuant to
subclauses 1.5 and 1.6 of this Award.
14.8 Unless an
occupant of an Operational Support position is temporarily reassigned to spend
a minimum of 2 months in every calendar year performing the fire fighting
duties associated with their substantive rank, any time spent occupying such a
position shall not count towards the minimum period of service which may be
required for progression/promotion under Clause 13. Such temporary reassignments
will be in minimum blocks of 1 month and will require occupants holding the
substantive rank of Qualified Fire-fighter to Station Officer Level 2
(inclusive) to be attached to a fire station. Occupants holding the substantive
rank of Inspector will be required to fulfil an agreed operational role for
that period.
14.9 Occupants of
Operational Support positions temporarily reassigned pursuant to sub clause
14.8 or otherwise attending any incident (as defined by this Award) shall
revert to, and function in the capacity of their substantive operational rank
for the duration of that time.
14.10 Occupants of
Operational Support positions may at any time elect to resume duty in, and be
paid the rate for, the employees' substantive rank.
15. Training and Staff Development
15.1 Employees
covered by this Award will complete appropriate training, as agreed between the
Department and the Union from time to time, to improve the productivity and
efficiency of the Department's operations.
15.2 The appropriate
competencies based on relevant skills and qualifications requirements as agreed
between the Department and the Union for each classification level, shall be
progressively implemented and shall be subject to an ongoing process of review
and evaluation.
15.3 Upon request,
the Department will consider an application by an employee to attend a course
which is appropriate, relevant and recognised by the Department but is not
essential for promotion. If approval is granted by the Department for the
employee to attend such a course, the employee shall be entitled to the
provisions of Clause 16 of this Award.
16. Training Course Attendance Entitlements
16.1 The provisions
of this Clause shall apply to employees who participate, with Departmental
approval, in training programs, examinations or assessments conducted by, on
behalf of, or approved by the Department. For the purposes of this Clause,
references to "training" or "course" shall be taken to
include such examinations or assessments.
16.2 Accommodation
16.2.1 The
Commissioner (or delegate) shall approve appropriate accommodation for an
employee, if it can be demonstrated that an unreasonable amount of travelling
time and/or distance is involved when travelling to and from the employee's
residence to the training venue.
16.2.2 Where
an employee attends a course within the Greater Sydney Area (GSA), and if the
travelling time to and from the training venue exceeds two (2) hours each way
(by the approved mode of transport) or if the return distance from the employee's
residence to the training venue exceeds 175 kms, the employee shall be entitled
to appropriate accommodation.
16.2.3 Where
Departmental accommodation is not provided to an employee with an entitlement
to accommodation, the relevant accommodation allowance prescribed by Clause 26,
Travelling Compensation shall be paid.
16.2.4 Where
it is not possible for an employee to travel to the training venue on the first
day of the course or where the travelling time would be unreasonable to travel
on the first day of the course, the employee shall be entitled to appropriate
accommodation on the evening prior to the start of the course. If it is not
possible for an employee to travel from the training venue to his or her
residence at the conclusion of the course or if the travelling time would be
unreasonable, the employee shall be entitled to appropriate accommodation on
the evening of the last day of the course. Approval must be obtained from the
Commissioner (or delegate) prior to bookings being made.
16.2.5 Appropriate
accommodation for employees who attend courses outside the GSA shall be
determined by the Commissioner (or delegate) having regard to the above
criteria.
16.2.6 Where
the training program requires evening attendance the employee shall be granted
appropriate accommodation irrespective of the employee's work location or
residential address.
16.2.7 Notwithstanding
the above, any employee who considers that these criteria would cause undue
hardship etc. may make application for special consideration. All such
applications will be considered on their individual merits according to the
program content and the starting and completion times, on a daily basis.
16.3 Meals
16.3.1 Excluding
the Recruit Fire-fighters Program and Departmental training programs/courses
which are conducted at Departmental premises which have meal room facilities
comparable to those provided at fire stations, all employees attending training
programs which extend for a whole day shall be provided with morning/afternoon
tea and lunch.
16.3.2 Where
employees have been granted approval for overnight accommodation and when such
accommodation is provided by the Department, expenses reasonably and properly
incurred shall be reimbursed in accordance with Clause 26, Travelling Compensation.
16.3.3 Employees
who are not required to accommodate themselves overnight shall, where
appropriate, be paid the relevant meal allowances prescribed by Clause 26,
Travelling Compensation.
16.3.4 Meal
allowances are not payable during times at which an accommodation allowance (as
prescribed in subclause 16.2.3 above) has been claimed. A component of the
accommodation allowance compensates for the costs associated with breakfast,
lunch and evening meals.
16.4 Incidentals
16.4.1 Employees
who are provided with Departmental accommodation shall be entitled to claim the
appropriate incidentals allowance as prescribed by Clause 26, Travelling
Compensation.
16.4.2 The
incidental allowance cannot be claimed for any day during which an
accommodation allowance referred to in subclause 16.2.3 above is paid. The
incidental allowance forms a component of the accommodation allowance and,
amongst other things, recognises the cost associated with personal telephone
calls, etc.
16.5 Excess Fares
16.5.1 Any
employee who incurs additional transport costs while travelling to and from the
training venue shall be entitled to have the additional expenses reimbursed.
The additional expenses will be calculated on the basis of public transport
costs.
16.5.2 Where
an employee is granted approval to utilise the employee's private vehicle in
lieu of public transport, the appropriate specified journey rate, set at Item 1
of Table 4 of Part D, shall be paid in respect of the kilometres travelled in
excess of the employee's normal journey to and from work.
16.5.3 Where
a first class rail service (or its equivalent) is reasonably available, an
employee may utilise this service and be reimbursed for the cost of the fare.
16.6 Excess
Travelling Time
16.6.1 Employees
without an accommodation entitlement shall be entitled to compensation for
excess travelling time for each day of the course.
16.6.2 Employees
who accept accommodation shall be entitled to compensation for excess
travelling time in respect of the first forward journey to and the last journey
from the course venue. Where the course extends beyond one (1) week, employees
who return to their residences on weekends shall be entitled to excess
travelling time and excess fares for the additional forward and return journeys.
16.6.3 Unless
special circumstances exist, employees who have an accommodation entitlement,
but who decline accommodation, shall only be entitled to compensation for
excess travelling time in respect of the first forward journey to and the last
journey from the training venue.
16.6.4 Compensation
shall be in accordance with Clause 26, Travelling Compensation.
16.7 Mode of
Transport
16.7.1 Employees
shall be advised of the approved transport arrangements prior to the
commencement of the training program. Such approval shall be based on the most
practical and economic means of transport having regard to the entitlements
contained in this clause, provided that an employee cannot be directed by the
Department to use the employee's private vehicle.
16.7.2 Any
employee who wishes to use alternative means of transport may only do so with
the approval of the Commissioner (or delegate). Such approval must be obtained
before travel commences.
16.7.3 If
approval is granted to travel by an alternative means of transport any
entitlements shall be based on the arrangements approved under subclause
16.7.1.
16.8 Relieving
Allowances and Other Allowances
16.8.1 Attendance
at a training program does not in itself attract the payment of relieving
allowances. However, any employee in receipt of relieving allowances or other
allowances relating to qualifications or work performed at the time the program
commences, shall continue to be paid the allowances which would normally be
paid. Provided that such allowances shall only be paid for those days on which
the employee would normally have been rostered for duty.
16.8.2 Relieving
employees shall not be paid any additional relieving allowances as a
consequence of undertaking a training program.
16.9 Kilometre
Allowance
16.9.1 The
kilometre allowance prescribed by Clause 12, Relieving Provisions, is not
payable to employees when they attend a training program.
16.9.2 The
provisions of subclause 16.5.2 above shall apply to any employee who is granted
approval to utilise his or her private vehicle for transport to and from the
training venue.
16.10 Attendance at
Courses Whilst on Annual or Long Service Leave or Rostered Off Duty
16.10.1 Where
an employee elects to attend a course whilst on annual leave or long service
leave, he or she may choose to either be re-credited with the appropriate leave
or be credited with consolidated leave for the hours spent attending the
training course. Where an employee elects to attend a course whilst rostered
off duty, he or she shall be entitled to consolidated leave for the hours spent
attending the course. All travelling time shall be compensated in accordance
with Clause 26, Travelling Compensation.
16.10.2 If an
employee is required to attend a course whilst rostered off duty, he or she may
choose to either be paid at overtime rates or be credited with consolidated
leave calculated at overtime rates for the hours spent attending the course.
16.10.3 All
travelling time shall be compensated in accordance with Clause 26, Travelling
Compensation.
16.11 Stand Off
16.11.1 Where
an employee is required by the Department to attend a course, any necessary
stand off period shall be granted.
16.12 Payments in
Advance
16.12.1 Employees
attending a training course may, where reasonable and appropriate, elect to be
advanced the following payments:-
accommodation allowance (subclause 16.2.3)
meal allowances (subclause 16.3.3)
incidental allowances (subclause 16.4.1)
16.12.2 The
advice to employees of course arrangements shall be conveyed by letter and
include details of the Centre at which claims for advance payments should be
submitted. Miscellaneous Vouchers must be completed for this purpose attached
to which should be a copy of the relevant approval.
16.12.3 Accommodation
allowances are only payable when approval is given for an employee to make his
or her own accommodation arrangements.
17. Annual Leave
17.1 Annual leave to
the extent of thirty-five consecutive days on full pay shall accrue to each
employee in respect of each completed year of service and shall be taken in
accordance with the leave roster.
17.2 Where the
commencing date of the rostered period of annual leave occurs whilst an
employee is on sick leave and does not return to duty within seven days of such
date, the employee concerned shall be entitled to elect whether to proceed
immediately on annual leave or to commence annual leave on one of the next six
succeeding Fridays.
17.3 Employees shall
be entitled to sixteen working hours annual leave, to be credited as consolidated
leave, in addition to the period of annual leave prescribed by subclause 17.1,
provided that:
17.3.1 Employees
who were members of the service as at 30 November 1975, shall become entitled
to such additional leave on each anniversary of their appointment to the
service which occurs after 30 November 1975.
17.3.2 Employees
who joined the service after 30 November 1975, shall become entitled to such
additional leave on each anniversary of their appointment to the service.
Employees Stationed at Broken Hill or Moree
17.4 Employees
stationed at Broken Hill or Moree shall, in addition to the period of
additional annual leave prescribed by subclause 17.3, be allowed sixteen
working hours additional leave of absence, provided that proof of travelling
time is furnished to the Department, and provided further that:
17.4.1 Employees
stationed at Broken Hill after 30 November 1975, and who proceed on annual
leave whilst so stationed shall become entitled to such additional leave
allowance on each anniversary of their appointment to the service which occurs
after 30 November 1975. In the case of employees stationed at Moree, such
entitlement shall commence from the date of commencement of this Award.
17.5 Further to the
provisions of subclause 17.4:
17.5.1 As a
matter of practicality in the case of Broken Hill and Moree, because annual
leave is not taken on an annual basis, the sixteen working hours per annum
should be further converted to fourteen hours in respect of each period of
annual leave so actually taken.
17.5.2 If a
working night shift occurs on the roster immediately before or immediately
after the period of four weeks' leave rostered to be taken, or both before and
after such period, such night shift, or one of such night shifts at the
employee's option may be taken off duty.
17.5.3 If,
however, no night shift so occurs, but day shifts fall as the working shifts
immediately before and after the rostered annual leave period, the employee
should be allowed, optionally, to take off either one or both day shifts.
17.5.4 If
the employee elects to take off one day shift, that will be credited with four
hours' accrued annual leave, and if the employee elects to take two day shifts,
accrued annual leave will be reduced by six hours.
17.6 The taking of
annual leave is subject to Departmental requirements and, when unforeseen
circumstances arise, may be rescheduled by authority of the Commissioner.
17.7 In the event of
the termination of the employment of any employee for any cause with less than
twelve months' service from the date of the last leave accrued, the employee
shall be paid pro rata for leave for each month of service.
17.8 Where
application is made by an employee in writing to the Commissioner that, by
reasons of special circumstances, which shall be specified, the Commissioner
may authorise, in writing, the taking of annual leave at some other time to be
determined by the Commissioner for the purpose of this Award, such leave shall
be deemed to have been taken in accordance with the leave roster.
17.9 Prior to an
employee entering upon a period of annual leave, the employee may elect to be
paid with respect of the period of leave in one of the following ways:
17.9.1 in
full when the employee commences the period of leave; or
17.9.2 at
the same time as the employee’s normal pay would have been paid if the worker
had remained on duty.
18. Compassionate Leave
18.1 In no way
restricting the right of the Commissioner to approve leave for compassionate
reasons in other circumstances, an employee other than a casual employee, shall
be entitled to up to two shifts (or two days in the case of day workers)
compassionate leave without deduction of pay, up to and including the day of
the funeral, on each occasion of the death of a person as prescribed in
subclause 18.3 of this clause.
18.2 The employee
must notify the employer as soon as practicable of the intention to take
compassionate leave and will, if requested by the employer, provide to the
satisfaction of the employer proof of death.
18.3 Compassionate
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer's leave as set out in
subparagraph 22.1.3.2 of paragraph 22.1.3 of subclause 22.1 of clause 22,
Personal/Carer's Leave, provided that, for the purpose of compassionate leave,
the employee need not have been responsible for the care of the person
concerned.
18.4 An employee
shall not be entitled to compassionate leave under this clause during any
period in respect of which the employee has been granted other leave.
18.5 Compassionate
leave may be taken in conjunction with other leave available under subclauses
22.2, 22.3, 22.4 and 22.5 of the said clause 22. In determining such a request,
the employer will give consideration to the circumstances of the employee and
the reasonable operational requirements of the Department.
19. Examination and Assessment Leave
19.1 Except as
agreed between the Department and the Union, all examinations and/or
assessments required for progression or promotion shall be arranged so that
they take place when the employee is normally rostered for duty on day shift.
19.2 Where the
Department is unable to make the necessary arrangements for an employee to sit
an examination/assessment on shift as per subclause 19.1 within two months from
the date the employee makes application for assessment, the employee may make
arrangements to sit the examination/assessment externally. In such cases,
employees shall be entitled to the conditions provided for by Clause 16,
Training Course Attendance Entitlements, of this Award. The Department shall
notify the employee as early as practicable of its inability to make such
necessary arrangements.
19.3 An employee
sitting for an examination or assessment as per sub clause 19.1 shall be
granted, prior to the examination or assessment, such paid leave as might
reasonably be necessary for attendance at the examination or assessment,
including travel.
20. Long Service Leave
20.1 Long Service
leave calculated from the date of appointment to the service shall accrue to
employees in accordance with the following entitlements:
20.1.1 After
service for ten years, leave for two months on full pay or four months on half
pay.
20.1.2 After
service in excess of ten years:
(a) Leave pursuant
to subclause 20.1.1; and
(b) In addition, an
amount of leave proportionate to the length of service after ten years,
calculated on the basis of five months on full pay or ten months on half pay,
for ten years served after service for ten years.
(c) Long Service
Leave shall not include annual leave, but shall include public holidays,
occurring during the period when such leave is taken.
20.2 Where the
services of an employee with at least five years' service and less than ten
years' service are terminated by the Department for any reason other than the
employee's serious and wilful misconduct, or by the employee on account of
illness, incapacity or domestic or other pressing necessity, or by reason of
the death of the employee, the employee shall, for five years' service be
entitled to one month's leave on full pay and for service after five years to a
proportionate amount of leave on full pay calculated on the basis of three
months' leave for fifteen years' service.
20.3 In the event of
the termination of the employment of the employee other than by death, the
monetary value of Long Service Leave due, if any, shall be paid to such
employee.
20.4
20.4.1 Approval
to take Long Service Leave as provided by this clause shall, subject to the
exigencies of the Department, be granted by the Department as and when such
leave becomes due or any time thereafter. Provided that an employee shall give
notice, in writing, to the Department of the employee's intention to take such
leave. Such notice shall be given at least sixty days before the date on which
the employee intends to commence such leave.
20.4.2 Notwithstanding
the provisions of subclause 20.4.1, the period of notice referred to in
subclause 20.4.1 may be reduced on a case by case basis, subject to the
discretion of the Commissioner.
20.5 Approval to
take Long Service Leave may be deferred by the Commissioner due to Departmental
requirements.
20.6 Long Service
Leave may be taken in the following combinations and not otherwise:
20.6.1 In
the case of employees working the roster systems prescribed by subclauses 8.3
and 8.4 of Clause 8, Hours of Work, in multiples of eight consecutive calendar
days with a minimum period of eight consecutive calendar days.
20.6.2 In
the case of employees working the roster systems prescribed by subclauses 8.5
and 8.6 of Clause 8, Hours of Work, or any other roster system agreed to
between the Department and the Union based on a seven day cycle, in multiples
of seven consecutive calendar days with a minimum period of seven consecutive
calendar days.
20.6.3 Where
approval is granted to take Long Service Leave on half pay the multiples and
minimum periods specified in subclauses 20.6.1 and 20.6.2 shall be doubled.
20.7 Prior to an
employee entering upon a period of Long Service Leave, the employee may elect
to be paid with respect of the period of leave in one of the following ways:
20.7.1 in
full when the employee commences the period of leave; or
20.7.2 at
the same time as the employee’s normal pay would have been paid if the worker
had remained on duty.
21. Parental Leave
21.1 Definition of
Parental Leave
21.1.1 For
the purposes of this clause, parental leave is maternity leave, paternity leave
or adoption leave.
21.1.2 Maternity
leave is taken by a female employee in connection with the pregnancy or the
birth of a child of the employee. Maternity leave consists of an unbroken
period of leave.
21.1.3 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.
21.1.4 Adoption
leave is leave taken by a female or male employee in connection with the
adoption by the employee of a child under the age of five (5) years (other than
a child who has previously lived continuously with the employee for a period of
at least six (6) months or who is a child or step-child of the employee or of
the employee's spouse).
21.1.5 For
the purposes of this clause, "spouse" includes a de facto spouse and
a former spouse.
21.2 Entitlement to
Parental Leave
21.2.1 An
employee is entitled to a total of fifty-two (52) weeks unpaid parental leave
in connection with the birth or adoption of a child, as provided by this
clause.
21.2.2 Maternity
Leave - all female employees who do not have the necessary service as
prescribed in subclause 21.3.1 for paid Maternity Leave, shall be entitled to
unpaid maternity leave of up to nine (9) weeks before the expected date of
birth of the child.
21.2.3 Paid
Maternity Leave may be granted to a
female employee subject to the following conditions -
21.2.3.1 The
female employee has applied for Maternity Leave within such time and in such
manner as herein set out; and
21.2.3.2 Before
the expected date of birth has completed not less than forty (40) weeks'
continuous service. Paid Maternity Leave shall be for a period of nine (9)
weeks from the date Maternity Leave commences.
In addition to the unpaid or paid Maternity Leave
referred to above, all female employees shall also be entitled to a further
period of up to fifty-two (52) weeks unpaid Maternity Leave after the actual
date of birth of the child.
The period over which Annual and/or Long Service Leave combined
with unpaid Maternity Leave, shall not exceed a total period of two years from
the date of birth of the child.
21.2.4 Short
Adoption Leave is an unbroken period of three (3) weeks of unpaid leave, taken
by an employee who does not have the necessary service for paid Adoption Leave
as prescribed in subclause 21.3.1, from the time of placement of the child.
21.2.5 Paid
Adoption Leave may be granted to an employee adopting a child subject to the
following conditions:
21.2.5.1 The
employee has applied for Adoption Leave within such time and in such manner as
herein set out; and
21.2.5.2 Before
the commencement of Adoption Leave the employee has completed not less than
forty (40) weeks' continuous service.
21.2.5.3 The
employee is to be the primary care giver of the child.
Paid Adoption Leave shall be for a period of three (3)
weeks of Adoption Leave or the period of Adoption Leave taken, whichever is the
lesser period.
Extended Adoption Leave is a further unbroken period of
up to fifty-two (52) weeks of unpaid leave in order to be the primary
care-giver of the child.
21.2.6 Paternity
Leave is a period of up to fifty-two (52) weeks of unpaid leave taken from the
date of birth of the child. It shall consist of -
21.2.6.1 an
unbroken period of up to one week at the time of the birth of the child or
other termination of the pregnancy (short paternity leave); and
21.2.6.2 a
further unbroken period in order to be the primary care-giver of the child
(extended paternity leave).
21.2.7 Except
as provided for in subclause 21.2.3, Parental Leave shall not extend beyond a
period of 1 year after the child was born or adopted.
21.3 Length of
service for eligibility
21.3.1 A
female employee is entitled to paid maternity leave or, in the case of both
male and female employees, paid adoption leave only if the employee has had at
least 40 weeks' continuous service.
21.3.2 There
is no minimum period of employment for eligibility for unpaid parental leave.
21.3.3 Continuous
service is service under one or more unbroken contracts of employment,
including:
21.3.3.1 any
period of authorised leave or absence, and
21.3.3.2 any
period of part-time work.
21.3.3.3 full
or part time service within the Public Service or within a Public Sector
organisation listed in the schedules attached to the Transferred Officers
Extended Leave Act 1961 and in appendices A and B contained in the
Personnel Handbook published by the PEO.
21.4 Notices and
Documents required to be given to Commissioner
21.4.1 Maternity
leave
The notices and documents to be given to the
Commissioner for the purposes of taking maternity leave are as follows:
21.4.1.1 The
female employee should give at least 8 weeks' written or oral notice of the
intention to take the leave (unless it is not reasonably practicable to do so
in the circumstances),
21.4.1.2 The
female employee must, at least 4 weeks before proceeding on leave, give written
notice of the dates on which the employee proposes to start and end the period
of leave,
21.4.1.3 The
female employee must, before the start of leave, provide a certificate from a
medical practitioner confirming that the employee is pregnant and the expected
date of birth.
21.4.2 Paternity
leave
The notices and documents to be given to the
Commissioner for the purposes of taking paternity leave are as follows:
21.4.2.1 In
the case of extended paternity leave, the employee should give at least 10
weeks written or oral notice of the intention to take the leave (unless it is
not reasonably practicable to do so in the circumstances),
21.4.2.2 The
employee must, at least 4 weeks before proceeding on leave, give notice of the
dates on which the employee proposes to start and end the period of leave,
21.4.2.3 The
employee must, before the start of leave, provide a certificate from a medical
practitioner confirming that the employee's spouse is pregnant and the expected
date of birth,
21.4.2.4 In
the case of extended paternity leave, the employee must, before the start of
leave, provide a statutory declaration by the employee stating:
21.4.2.4.1 any
period of maternity leave sought or taken by his spouse, and
21.4.2.4.2 that
he is seeking that period of extended paternity leave to become the primary
care-giver of a child.
21.4.3 Adoption
leave
The notices and documents to be given to the
Commissioner for the purposes of taking adoption leave are as follows:
21.4.3.1 In
the case of extended adoption leave, the employee should give written or oral
notice of any approval or other decision to adopt a child at least 10 weeks
before the expected date of placement (unless it is not reasonably practicable
to do so in the circumstances),
21.4.3.2 The
employee must give written notice of the dates on which the employee proposes
to start and end the period of leave, as soon as practicable after the employee
is notified of the expected date of placement of the child but at least 14 days
before proceeding on leave,
21.4.3.3 The
employee must, before the start of leave, provide a statement from an adoption
agency or another appropriate body of the expected date of placement of the
child with the employee for adoption purposes,
21.4.3.4 In
the case of extended adoption leave, the employee must, before the start of
leave, provide a statutory declaration by the employee stating:
21.4.3.4.1 any
period of adoption leave sought or taken by his or her spouse, and
21.4.3.4.2 that
the employee is seeking that period of extended adoption leave to become the
primary care-giver of a child.
21.4.4 An
employee does not fail to comply with this clause if the failure was caused by:
21.4.4.1 the
child being born (or the pregnancy otherwise terminating) before the expected
date of birth, or
21.4.4.2 the
child being placed for adoption before the expected date of placement, or
21.4.4.3 other
compelling circumstances.
In the case of the birth of a living child, notice of
the period of leave is to be given within two (2) weeks after the birth and the
certificate of the medical practitioner is to state that the child was born and
the date of birth. In the case of the adoption of a child, notice of the period
of leave is to be given within two (2) weeks after the placement of the child.
21.4.5 An
employee must notify the Commissioner of any change in the information provided
under this clause within two (2) weeks after the change.
21.4.6 If
required by the Commissioner, an employee who applies for Parental Leave is to
give the Commissioner a statutory declaration, or enter into an agreement with
the Commissioner, that for the period of the leave the employee will not engage
in any conduct inconsistent with the employee's contract of employment.
21.5 Continuity of
service
Parental leave does not break an employee's continuity
of service, but subject to subclauses 21.5.1, 21.5.2 and 21.5.3, is not to be
taken into account in calculating an employee's period of service for any other
purposes.
21.5.1 Any
period of paid Adoption or paid Maternity Leave shall count as full service for
the purposes of determining progression either within a classification or from
one classification to another. However, unpaid Parental Leave shall not count
as service for determining such progression.
21.5.2 Adoption
Leave on full pay and Maternity Leave at full pay shall count as full service
for the purposes of determining all forms of leave.
21.5.3 Unpaid
Parental Leave shall not count as service for determining any form of leave
entitlement, except for Long Service Leave (Extended Leave) in cases where at
least ten (10) years of service has been completed and unpaid Parental Leave
does not exceed six (6) months.
21.6 Parents not to
take Parental Leave at the same time
21.6.1 An
employee is not entitled to parental leave at the same time as his or her
spouse is on parental leave.
21.6.2 If
subclause 21.6.1 is contravened the period of parental leave to which the
employee is entitled under this clause is reduced by the period of leave taken
by his or her spouse. However, this subclause does not apply to short paternity
leave or short adoption leave.
21.7 Cancellation of
Parental Leave
21.7.1 Before
starting leave
Parental leave applied for
but not commenced is automatically cancelled if:
21.7.1.1 the
employee withdraws the application for leave by written notice to the
Commissioner, or
21.7.1.2 the
pregnancy concerned terminates other than by the birth of a living child or the
placement of the child concerned does not proceed.
21.7.2 After
starting leave
If:
21.7.2.1 the
pregnancy of the employee or the employee's spouse terminates other than by the
birth of a living child while the employee or spouse is on parental leave,
provided:
21.7.2.1.1 if a
child is still-born the female employee may elect to take available sick leave
or maternity leave;
21.7.2.1.2 in the
event of a miscarriage any absence from work is to be covered by the current
sick leave provisions; or
21.7.2.2 the
child in respect of whom an employee is then on parental leave dies, or
21.7.2.3 the
placement of a child for adoption purposes with an employee then on adoption
leave does not proceed or continue,
the employee is entitled to
resume work at a time nominated by the Commissioner within 2 weeks after the
date on which the employee gives the Commissioner a notice in writing stating
that the employee intends to resume work and the reason for the intended
resumption.
21.7.3 This
provisions of subclause 21.7 do not affect an employee's entitlement to special
maternity leave or special adoption leave.
21.8 Parental Leave
and other Leave
21.8.1 An
employee may take any annual leave, long service leave (extended leave) or
consolidated leave to which the employee is entitled instead of or in
conjunction with parental leave.
21.8.2 However,
the total period of leave cannot be so extended beyond the maximum period of
parental leave authorised by this clause.
21.8.3 The
maximum period of parental leave authorised by this clause is reduced by any
period of paid sick leave taken by the employee while on maternity leave.
21.8.4 Any
paid absence authorised by law or by an award, enterprise agreement or contract
of employment is not available to an employee on parental leave, except if the
paid absence is:
21.8.4.1 annual
leave, long service leave (extended leave) or consolidated leave, or
21.8.4.2 in
the case of maternity leave - sick leave.
21.9 Employee and Commissioner
may agree to interruption of parental leave by return to work
21.9.1 An
employee on parental leave may, with the agreement of the Commissioner, break
the period of leave by returning to work for the Department, provided that:
21.9.1.1 A
female employee who gives birth to a living child shall not resume duty until
six (6) weeks after the birth of the child unless special arrangements for
early return are made at the request of the female employee and supported by a
certificate from a qualified medical practitioner;
21.9.1.2 A
female employee who has returned to full-time duty after less than her full
entitlement to maternity leave, shall be entitled to revert to maternity leave
either on a full-time or part-time basis if she so elects. This election may be
exercised only once and a minimum of four (4) weeks notice (or less if
acceptable to the Commissioner) of her intention to resume maternity leave must
be given.
21.9.2 The
period of leave cannot be extended by such a return to work beyond the maximum
period of leave authorised by this clause.
21.10 Extension of
period of Parental Leave
21.10.1 An
employee may extend the period of parental leave once only by giving the
Commissioner notice in writing of the extended period at least fourteen (14)
days before the start of the extended period. The period of leave cannot be
extended by such a notice beyond the maximum period of leave authorised by this
clause.
21.10.2 An
employee may extend the period of parental leave at any time with the agreement
of the Commissioner. The period of leave can be extended by such an agreement
beyond the maximum period of leave authorised by this clause.
21.10.3 This
section applies to an extension of leave while the employee is on leave or
before the employee commences leave.
21.11 Shortening of
period of Parental Leave
An employee may shorten the period of parental leave
with the agreement of the Commissioner and by giving the Commissioner notice in
writing of the shortened period at least fourteen (14) days before the leave is
to come to an end.
21.12 Return to work
after Parental Leave
21.12.1 An
employee returning to work after a period of parental leave is entitled to be
employed in:
21.12.1.1 the
classification (if possible, at the same location) held by the employee
immediately before proceeding on that leave, or
21.12.1.2 if the
employee was transferred to a safe job before proceeding on maternity leave -
the classification (if possible, at the same location) held immediately before
the transfer.
21.12.2 If
the classification no longer exists but there are other classifications
available that the employee is qualified for and is capable of performing, the
employee is entitled to be employed in a classification as comparable as
possible in status and pay to that of the employee's former classification.
21.12.3 The
provisions of subclause 21.12 extend to a female employee returning to work
after a period of Special maternity leave and sick leave.
21.13 Payment
21.13.1 Payment
for the nine (9) week paid Maternity Leave may be made -
21.13.1.1 in
advance in a lump sum; or
21.13.1.2 on a
normal fortnightly basis, and shall be at the same hourly rate as the rate paid
for other forms of paid leave, and may include payment of a higher duties
allowance if the employee;
21.13.1.2.1 has
acted in the higher position for a period in excess of one year; and
21.13.1.2.2 the
period of higher duties relief continues up to the day prior to the employee's
departure on maternity leave; and
21.13.1.2.3 the
higher duties relief is at the full difference in pay.
21.13.2 Payment
to eligible employees for the three (3) weeks paid Adoption Leave may be made:
21.13.2.1 in
advance in a lump sum; or
21.13.2.2 on a
normal fortnightly basis.
21.14 Commissioner's
Obligations
21.14.1 Information
to Employees
On becoming aware that an employee (or an employee's
spouse) is pregnant, or that an employee is adopting a child, the Commissioner
must inform the employee of:
21.14.1.1 the
employee's entitlements to parental leave under this clause, and
21.14.1.2 the
employee's obligations to notify the Commissioner of any matter under this
clause.
21.14.2 Records
The Commissioner must keep, for at least six (6) years,
a record of parental leave granted under this clause to employees and all
notices and documents given under this clause by employees or the Commissioner.
21.15 Termination of
Employment because of Pregnancy etc
21.15.1 The
Commissioner must not terminate the employment of an employee because:
21.15.1.1 the
employee is pregnant or has applied to adopt a child, or
21.15.1.2 the
employee has given birth to a child or has adopted a child, or
21.15.1.3 the
employee has applied for, or is absent on, parental leave,
but otherwise the rights of the Commissioner in
relation to termination of employment are not affected by this clause.
21.15.2 For
the purposes of establishing such a termination of employment, it is sufficient
if it is established that the alleged reason for termination was a substantial
and operative reason for termination.
21.15.3 This
clause does not affect any other rights of a dismissed employee.
21.16 Replacement
employees
21.16.1 A
replacement employee is a person who is specifically employed as a result of an
employee proceeding on parental leave (including as a replacement for an
employee who has been temporarily promoted or transferred in order to replace
the employee proceeding on parental leave).
21.16.2 Before
a replacement employee is employed, the Commissioner must inform the person of
the temporary nature of the employment and of the rights of the employee on
parental leave to return to work.
21.16.3 A
reference in this clause to an employee proceeding on leave includes a
reference to a pregnant employee exercising a right to be transferred to a safe
job.
21.17 Transfer to a
Safe Job
21.17.1 This
subclause applies whenever the present work of a female employee is, because of
her pregnancy or breastfeeding, a risk to the health or safety of the employee
or of her unborn or new born child. The assessment of such a risk is to be made
on the basis of a medical certificate supplied by the employee and of the
obligations of the Commissioner under the Occupational Health and Safety Act
2000.
21.17.2 The
Commissioner is to temporarily adjust the employee's working conditions or
hours of work to avoid exposure to risk as follows -
21.17.2.1 Where
a female employee is confirmed pregnant she is to notify the Regional Commander
or Officer-in-Charge as soon as possible who will, in turn, direct that she be
withdrawn from operational fire fighting duties;
21.17.2.2
21.17.2.2.1 The
standard issue uniform is to be worn by members until the pregnancy becomes
apparent prior to the birth and from the tenth week, if practicable, following
the birth.
21.17.2.2.2 Employees
will be provided with a maternity uniform for use when appropriate.
21.17.2.3 An
employee on maternity leave who gives birth to a living child shall not resume
operational fire fighting duties until thirteen (13) weeks have elapsed after
the birth of the child unless a special request for early return is made by the
employee supported by a medical certificate from a qualified medical
practitioner, subsequently endorsed by the Department's occupational physician.
21.17.2.4 Duties
other than fire fighting may be undertaken after six (6) weeks following the
birth of the child, if endorsed by the occupational physician.
21.17.2.5
21.17.2.5.1 Upon
withdrawal from operational fire fighting duties alternate work of a suitable
nature is to be provided.
21.17.2.5.2 Allocation
of duties will be determined by the Department following consultation between
the Department's Occupational Health Physician, the employee's
Officer-in-Charge and the employee.
21.17.3 If
such an adjustment is not feasible or cannot reasonably be required to be made,
the Commissioner is to transfer the employee to other work where she will not
be exposed to that risk.
21.17.4 If
such a transfer is not feasible or cannot reasonably be required to be made,
the Commissioner is to grant the employee maternity leave under this clause (or
any available paid sick leave) for as long as is necessary to avoid exposure to
that risk, as certified by a medical practitioner.
21.18 Special
Maternity Leave and Sick Leave
If the pregnancy of an employee not then on maternity
leave terminates before the expected date of birth (other than by the birth of
a living child) or she suffers illness related to her pregnancy:
21.18.1 the
employee is entitled to such period of unpaid leave (to be known as special
maternity leave) as a medical practitioner certifies to be necessary before her
return to work, or
21.18.2 the
employee is entitled to such paid sick leave (either instead of or in addition
to special maternity leave) as she is then entitled to and as a medical
practitioner certifies to be necessary before her return to work.
21.19 Special Adoption
Leave
An employee who is seeking to adopt a child is entitled
to up to two (2) days unpaid leave if the employee requires that leave to
attend compulsory interviews or examinations as part of the adoption procedure.
This leave may also be granted from a credit of Consolidated leave.
22. Personal/Carer's Leave
22.1 Use of Sick
Leave -
22.1.1 An
employee, other than a casual employee, with responsibilities in relation to a
class of person set out in subclause 22.1.3.2, who needs the employee's care
and support shall be entitled to use, in accordance with this clause, any
current or accrued sick leave entitlement, provided for at Clause 23 of this
Award, for absences to provide care and support for such persons when they are
ill. Such leave may be taken for part of a single day.
22.1.2 The
employee shall, if required, establish, by production of a medical certificate
or statutory declaration, the illness of the person concerned and that the
illness is such as to require care by another person. In normal circumstances
an employee must not take carer's leave under this clause where another person
has taken leave to care for the same person.
22.1.3 The
entitlement to use sick leave in accordance with this clause is subject to:
22.1.3.1 the
employee being responsible for the care of the person concerned; and
22.1.3.2 the
person concerned being:
22.1.3.2.1 a
spouse of the employee; or
22.1.3.2.2 a de
facto spouse who, in relation to a person, is a person of the opposite sex to
the first mentioned person and who lives with the first mentioned person as the
husband or wife of that person on a bona fide domestic basis, although not
legally married to that person; or
22.1.3.2.3 a
child or an adult child (including an adopted child, a stepchild, a foster
child or an ex-nuptial child), parent (including a foster parent and legal
guardian), grandparent, grandchild or sibling of the employee or spouse or de
facto spouse of the employee; or
22.1.3.2.4 a same
sex partner who lives with the employee as the de facto partner of that
employee on a bona fide domestic basis; or
22.1.3.2.5 a
relative of the employee who is a member of the same household where, for the
purposes of this subclause:
22.1.3.2.5.1 "relative"
means a person related by blood, marriage or affinity;
22.1.3.2.5.2 "affinity"
means a relationship that one spouse, because of marriage, has to blood
relatives of the other; and
22.1.3.2.5.3 "household"
means a family group living in the same domestic dwelling.
22.1.4 An
employee shall, wherever practicable, give the Department notice, prior to the
absence, of the intention to take leave, the name of the person requiring care
and their relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the employee shall notify the Department by
telephone of such absence at the first opportunity on the day of absence.
22.2 Unpaid Leave
for Family Purpose -
22.2.1 An
employee may elect, with the consent of the Department, to take unpaid leave
for the purpose of providing care and support to a class of person, as set out
in subclause 22.1.3.2, who is ill.
22.3 Annual Leave -
22.3.1 An
employee may elect, with the consent of the Department, subject to the Annual
Holidays Act 1944, to take annual leave not exceeding five (5) days in any
calendar year at a time or times agreed upon by the Department and the Union.
22.3.2 An
employee and the Department may agree to defer payment of the annual leave
loading, in respect of single-day absences, until at least five (5) consecutive
annual leave days are taken.
22.4 Time Off in
Lieu of Payment for Overtime -
22.4.1 An
employee may elect, with the consent of the Department, to take time off in
lieu of payment for overtime at a time or times agreed upon with the Department
within twelve (12) months of the said election.
22.4.2 Overtime
taken as time off during ordinary-time hours shall be taken at the
ordinary-time rate, that is, an hour for each hour worked.
22.4.3 If
having elected to take time as leave, in accordance with subclause 22.4.1
above, the leave is not taken for whatever reason, payment for time accrued at
overtime rates shall be made at the expiry of the (twelve) 12 month period or
on termination.
22.4.4 Where
no election is made in accordance with subclause 22.4.1, the employee shall be
paid their overtime in accordance with this Award.
22.5 Make-up Time -
22.5.1 An
employee may elect, with the consent of the Department, to work "make-up
time", under which the employee takes time off ordinary hours and works
those hours at a later time during the spread of ordinary hours provided in this
Award, at the ordinary rate of pay.
22.5.2 An
employee on shift work may elect, with the consent of the Department, to work
"make-up time", under which the employee takes time off ordinary
hours and works those hours at a later time, at the shift work rate which would
have been applicable to the hours taken off.
23. Sick Leave
23.1 In every case
of illness or incapacity sustained by an employee whilst off duty, the
following conditions shall apply.
23.2 Such employee
shall, as soon as practicable, inform the officer-in-charge of the station to
which the employee is attached or to which the employee is due to report for
duty, of such inability to attend for duty and, as far as possible, shall state
the nature of the illness or incapacity and the estimated duration of the same.
23.3 Subject to the
provisions of subclause 23.7, such employee shall forward to the
officer-in-charge of the station to which the employee is attached, a medical
certificate stating the nature of the illness or incapacity. Before being
entitled to resume duty, the employee must furnish a further medical
certificate to the effect that the employee has recovered from the illness or
incapacity and is fit for duty, unless the employer dispenses with this
requirement.
23.4 If so required,
such employee shall submit to examination by the Department's medical officer.
23.5 Every employee
who is absent from duty for a period of more than twenty-eight days shall be
examined by the Department's medical officer and must be certified by such
medical officer as fit for duty prior to being permitted to resume duty.
23.6 The granting of
sick leave, the duration thereof and the pay, if any, for the same shall be on
the following basis:
23.6.1 One
hundred and forty-four hours on full pay in any one year.
23.6.2 Effective
17 February 1997, the sick leave prescribed in 23.6.1 shall be fully cumulative
less any sick leave taken.
23.6.3 Sick
leave beyond the scale provided for shall be sick leave without pay.
23.6.4
(a) Sick leave is
intended to be allowed in respect of absences from duty caused by ordinary
illness or incapacity for duty as the result of an illness or injury sustained
whilst off duty; provided that, in all claims for sick leave in respect of
incapacity as the result of an injury sustained whilst off duty, the Department
has the discretion to consider what is just, but subject to that discretion,
the Department shall deal with claims in respect of such incapacity as it would
deal with claims in respect of ordinary illness, except that:
(b) When the
incapacity is due to organised sporting activity unconnected with the
Department, any sick leave payment shall take into account any benefit the
employee concerned receives from the body organising the sporting activity, but
to the extent of such benefit, the employee's sick leave entitlement shall not
be affected.
23.6.5 Where
payment has been made for sick leave, under this clause, to an employee whose
sick leave entitlement previously has been exhausted, or whose right to sick
leave is not established, the Department may deduct the amount overpaid from
the salary of the employee concerned in the next pay period or, if such a
deduction would cause hardship, in accordance with the provisions of subclause
6.15 of this Award.
23.6.6 Recruit
fire-fighters shall be eligible for sick leave. However, such employees shall
only be entitled to use up to and including 72 hours of sick leave.
23.6.7 When
the incapacity is due to a cause which would entitle an employee to workers'
compensation, the Department shall pay the difference between the amount of
workers' compensation payment and the ordinary rate of pay of the employee
concerned. The employee's entitlement for sick leave arising from ordinary
illness shall not be affected.
23.6.8 The
employee shall prove to the satisfaction of the Department, or, in the event of
a dispute, to the satisfaction of the Industrial Relations Commission, that the
employee was unable, on account of such illness or incapacity, to attend for
duty on that day or days for which sick leave is claimed. Payment shall not be
allowed for such leave until this condition is fulfilled. A medical certificate
tendered in support of such claim shall state the illness or incapacity, and
that the employee was prevented by such illness or incapacity from attending
for duty on the day or days for which sick leave is claimed.
23.7 Employees are
entitled to take unsupported sick leave absences, where no medical certificate
is required, subject to the following provisions:
23.7.1 Such
absences may not exceed 3 separate occasions in any calendar year, where an
‘occasion’ shall be a shift or part of a shift; and
23.7.2 Such
absences may not be taken on consecutive days; and
23.7.3 Such
absences may not be taken on public holidays; and
23.7.4 Such
absences may not be taken in relation to any matter that may be covered by
workers’ compensation.
24. Special Leave for Union Activities
24.1 Attendance at
Union Conferences/Meetings
24.1.1 Employees
who are members of the Union and accredited by the Union as a delegate are
entitled to special leave with pay to attend the following:
24.1.1.1 annual
or bi-annual conferences of the Union; and
24.1.1.2 meetings
of the Union's Executive/Committee of Management; or
24.1.1.3 annual
conference of the Labor Council of NSW; or
24.1.1.4 bi-annual
conference of the Australian Council of Trade Unions.
24.1.2 While
there is no limit on special leave for Union activities, such leave is to be
kept to a minimum and is subject to the employee:
24.1.2.1 establishing
accreditation as a delegate with the Union; and
24.1.2.2 providing
sufficient notice of absence to the Department; and
24.1.2.3 lodging
a formal application for special leave.
24.1.3 Such
leave is also subject to the Union:
24.1.3.1 providing
documentary evidence to the Department about an accredited delegate in
sufficient time to enable the Department to make arrangements for performance
of duties; and
24.1.3.2 meeting
all travelling, accommodation and any other costs incurred for the accredited
delegate; and
24.1.3.3 providing
the Department with confirmation of attendance of the accredited delegate.
24.1.4 Providing
the provisions of this clause are satisfied by both the employee and the Union,
the Department shall:
24.1.4.1 release
the accredited delegate for the duration of the conference or meeting;
24.1.4.2 grant
special leave (with pay); and
24.1.4.3 ensure
that the duties of the absent delegate are performed in his/her absence, if
appropriate.
24.1.5 Period
of Notice
24.1.5.1 Generally,
dates of conferences or meetings are known well in advance and it is expected
that the Department would be notified as soon as accreditation has been given
to a delegate or at least two weeks before the date of attendance.
24.1.5.2 Where
extraordinary meetings are called at short notice, a shorter period of notice
would be acceptable, provided such notice is given to the Department as soon as
advice of the meeting is received by the accredited delegate.
24.1.6 Travel
Time
24.1.6.1 Where
a delegate has to travel to Sydney, inter or intra State, to attend a
conference or meeting, special leave will also apply to reasonable travelling
time to and from the venue of the conference or meeting.
24.1.6.2 No
compensation is to be provided if travel can be and is undertaken on an
accredited delegate's non-working day or before or after his/her normal hours
of work.
24.1.7 Payment
24.1.7.1 Employees
entitled to special leave in terms of this clause shall, for such special
leave, receive their normal rate of pay. Provided that for the purpose of this
clause "normal rate of pay" will include allowances, except those
which are solely dependent on the employee performing a specified duty (eg,
such as "driving turntable ladder").
24.1.8 Special
leave in terms of this clause shall count as service for all purposes.
24.1.9 Availability
of Special Leave
24.1.9.1 Special
leave shall not be available to employees whilst they are rostered off duty or
on any period of other leave.
24.2 Attendance at
Courses/Seminars Conducted or Supported by TUEF
24.2.1 Except
where inconsistent with the provisions of subclause 24.2 , the provisions of
subclause 24.1 of this clause shall also apply for attendance at courses or
seminars conducted or supported by the Trade Union Education Foundation (TUEF).
24.2.2 Up
to a maximum of 12 days in any period of two years may be granted to employees
who are members of the Union.
24.2.3 The
grant of leave to attend courses or seminars conducted or supported by TUEF, is
subject to the following conditions:
24.2.3.1 Departmental
operating requirements permit the grant of leave and the absence does not
result in working of overtime by other employees;
24.2.3.2 Expenses
associated with attendance at such courses or seminars, e.g. fares,
accommodation, meal costs, etc., will be required to be met by the employee
concerned but, subject to the maximum prescribed in subclause 24.2.2., special
leave may include travelling time necessarily required during working hours to
attend courses or seminars;
24.2.3.3 Applications
for leave must be accompanied by a statement from the Union that it has
nominated the employee concerned for such a course or seminar and supports the
application.
25. Court Attendance Entitlements
25.1 The provisions
of this clause shall apply to employees attending Court and related conferences
as a:
25.1.1 result
of the duties performed by the employee in the employee's position with the
Department, including attendance at an incident.
25.1.2 witness
for the Crown but not as a result of the duties performed by the employee in
the employee's position with the Department.
25.1.3 witness
in a private capacity.
25.2 Attendance at
Court as a result of the duties performed by an employee in the employee's
position with the Department, including attendance at an incident.
25.2.1 Such
attendance shall be regarded as attendance in an Official Capacity and uniform
must be worn.
25.2.2 The
employee is entitled to be reimbursed for all expenses reasonably and
necessarily incurred in excess of any reimbursement for expenses paid by the
Court. Any such claim shall be in accordance with Clause 26, Travelling
Compensation. Other than as provided by subclause 25.2 , employees are not
entitled to claim nor retain any monies as witness' expenses. Any monies
received, other than reimbursement of expenses actually and necessarily
incurred, shall be paid to the Department.
25.2.3 Where
the employee is required to attend while off duty, overtime shall be paid from
the time of arrival at the Court to the time of departure from the Court.
Travelling time shall be compensated in accordance with Clause 26, Travelling
Compensation. Where approval has been given to the employee to use the
employee's private vehicle, employees shall be entitled to receive the
appropriate Specified Journey Rate prescribed at Item 1 of Table 4 of Part D.
All public transport costs, reasonably and necessarily incurred, shall be fully
reimbursed.
25.2.4 Where
the employee receives a subpoena or notification of a requirement to attend
Court, the employee must ensure that the Officer-in-Charge is informed of those
commitments immediately. As far as is practicable, employees who are required
to attend Court in an Official Capacity shall do so free from their ordinary duties
and responsibilities.
25.2.5 The
following provisions are to apply to ensure that employees attending Court are
given adequate time free from duty to meet Court commitments:-
25.2.5.1 Day
Shift
Where an employee is rostered to work a day shift
arrangements must be made within the normal protocol for the employee to be
relieved whilst attending Court.
25.2.5.2 Night
Shift
An employee required to attend Court shall not be
rostered for duty on the night shift which ceases on the day of the Court
proceedings. When the employee is released from duty at the Court, and if
required to report for duty that evening, such duty shall not commence until an
eight hour break has been taken, pursuant to subclause 9.9 of Clause 9,
Overtime.
25.2.6 Where
the employee is recalled to duty to attend Court while on Annual or Long
Service Leave:
25.2.6.1 For
each day or part thereof, such employee may elect to be recredited with a full
days leave or to be paid a minimum of eight hours at the rate of time and one
half (i.e., half time in addition) for the first two hours and double time
(i.e., time in addition) thereafter.
25.2.6.2 Time
worked in excess of eight hours on any recall to duty during annual or long
service leave shall be compensated at the rate of double time. The calculation
of time worked for the purpose of calculating double time shall commence from
the time duty commences at Court until the employee is excused from the Court.
25.2.6.3 Where
the combined period of travelling time and Court attendance is less than or
equal to eight hours, travelling time is included in the minimum payment
prescribed in subclause 25.2.6.1. Where the combined period of Court attendance
and travelling time exceeds eight hours, the excess travelling time shall be
compensated for in terms of Clause 26, Travelling Compensation.
25.2.7 Where
an employee is subpoenaed to attend Court while on Sick Leave it is the
responsibility of the employee to ensure that the circumstances are
communicated to the Court. If the employee is still required to and does attend
Court, the sick leave debited for that period will be recredited and the
entitlement to reimbursement of expenses referred to above shall apply.
25.2.8 "Stand-By"
25.2.8.1 "Stand-By"
for the purposes of this clause only, means a period when an employee is
required to be immediately available, upon notice, to attend Court.
25.2.8.2 Where
an employee is required to be on stand-by during a shift or, during any period
when the employee is rostered off duty, the employee must, as soon as the
requirement is known, advise his/her Officer-in-Charge.
25.2.8.3 Written
confirmation from the Court of such necessity to be on Stand-By must also be
provided.
25.2.8.4 Where
an employee is rostered off-duty and is on Stand-By, the employee shall be
entitled to be paid the appropriate amounts set at Item 2 of Table 4 of Part D.
25.3 Where an
Employee Attends Court as a Witness for the Crown but not as a result of the
duties performed by the employee in the employee's position with the Department.
25.3.1 Employees
shall be granted special leave of absence with pay for the period they are
necessarily absent from duty, and shall pay to the Department all monies paid
to them as witnesses, other than monies paid as a reimbursement of out of
pocket expenses incurred by them in consequence of being so subpoenaed.
25.4 Where an
Employee Attends Court in a Private Capacity, (i.e., not subpoenaed by the
Crown).
25.4.1 Employees
shall be granted leave of absence without pay for the period they are necessarily
absent from duty or, if they so desire, may apply for consolidated leave and,
in either case, may retain monies paid to them as witnesses.
26. Travelling Compensation
26.1 Excess
Travelling Time
When an employee is required to travel outside the employee's
normal hours of duty the employee may apply for payment or equivalent time off
in lieu for excess time spent travelling, subject to the following:
26.1.1 If
the travel is on a non-working day and is undertaken by direction of the
Commissioner or an authorised officer, the employee is entitled to the benefit
of subclause 26.1.
26.1.2 Where
the travel is on a working day, the excess time spent travelling before the
normal commencing time or after the normal ceasing time, rounded to the lower
quarter hour, shall be counted for the benefit of subclause 26.1.
26.1.3 Payment
for excess travelling time on both a working day and a non-working day shall be
at the employee's ordinary rate of pay on an hourly basis (calculated by
dividing the weekly rate by 40) subject to a ceiling of the hourly rate of pay
of a Station Officer Level 2 set at Item 3 of Table 4 of Part D.
26.1.4 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.
26.1.5 Travelling
time does not include time spent:
26.1.5.1 travelling
on permanent transfer where the transfer involves promotion with increased
salary; or as a consequence of a breach of discipline by the employee; or is at
the employee's request; or is under an arrangement between employees to
exchange positions;
26.1.5.2 travelling
by ship on which meals and accommodation are provided; or
26.1.5.3 taking
a meal when the employee stops a journey to take the meal.
26.1.6 Travelling
time shall be calculated by reference to the use of the most practical and
economic means of transport.
26.1.7 Payment
or Leave-in-Lieu will not be made or allowed for more than eight (8) hours in
any period of twenty four (24) hours.
26.2 Waiting Time
When an employee qualifies for the benefit of Excess
Travelling Time, necessary waiting time is to be counted as Travelling Time
calculated as follows:
26.2.1 Where
there is no overnight stay with accommodation at a centre away from the
employee's residence or normal work location, one hour shall be deducted from:
26.2.1.1 the
time between arrival at the centre and the commencement of duty; and
26.2.1.2 the
time between ceasing duty and the time of departure from the centre.
26.2.2 Where
overnight accommodation is provided, any time from arrival until departure
shall not count as waiting time except as follows:
26.2.2.1 if
duty is performed on the day of arrival, the time less one hour between arrival
and the commencement of duty; and
26.2.2.2 if
duty is performed on the day of departure, the time less one hour from the
completion of duty to departure; or
26.2.2.3 if no
duty is performed on day of departure the time after 0830 hours until
departure.
26.3 Meal Allowances
26.3.1 When
an employee is required to perform official duty at a temporary work location
and is not required to reside away from home (a one day journey), the employee
shall be eligible to be paid the following meal allowances subject to the
following conditions:
26.3.1.1 For
breakfast when required to commence travel at/or before 0600 hours and at least
one and a half hours before the normal commencing time, the amount set at Item
4 of Table 4 of Part D.
26.3.1.2 For
lunch when, by reason of the journey, an employee is unable to take lunch at
the place or in the manner in which the employee ordinarily takes lunch and is
put to additional expense, the amount set at Item 5 of Table 4 of Part D or an
amount equivalent to the additional expense, whichever is the lesser.
26.3.1.3 For
an evening meal when required to work or travel until or beyond 1830 hours and
at least one and a half hours after the ordinary ceasing time, an amount set at
Item 6 of Table 4 of Part D.
26.3.1.4 Meal
Allowances shall not be paid where the employee is provided with an adequate
meal.
26.4 Accommodation
Allowances
When an employee is required to perform official duty
at a temporary work location which requires the employee to reside away from
home and the employee is not provided with accommodation by the Government, the
employee shall be eligible to be paid the following accommodation (sustenance)
allowances subject to the conditions set out below:
26.4.1 For
the first 35 calendar days, the appropriate amounts set at Item 7 of Table 4 of
Part D; or
26.4.2 The
actual necessary expenses for meals and accommodation (actuals), together with
incidental expenses as appropriate, set at Item 8 of Table 4 of Part D. The necessary expenses do not include
morning and afternoon tea.
26.4.3 After
the first 35 calendar days and for up to six months an employee shall be paid
an allowance at the rate set at Item 9 of Table 4 of Part D provided the
allowance paid to an employee, temporarily located in Broken Hill, shall be increased
by 20%. The allowance is not payable in respect of:
26.4.3.1 Any
period during which the employee returns home on weekends or public holidays
commencing with the time of arrival at the residence and ending at the time of
departure from the residence; or
26.4.3.2 Any
other period during which the employee is absent from the temporary work
location (including leave) otherwise than on official duty, unless approved by
the Commissioner.
26.4.4 The
capital city rate shall apply to Sydney as bounded by the GSA.
26.4.5
26.4.5.1 Where
an employee proceeds directly to a temporary work location in a Capital city
and returns direct, the Capital city
rate applies to the whole absence.
26.4.5.2 Where
an employee breaks the journey, other than for a meal, in a centre that is not
a capital city, the capital city rate applies only in respect of the time spent
in the capital city, the elsewhere rate applies to the remainder of the
absence.
26.5 Incidental
Expenses Allowances - Government Provided Accommodation
When an employee is required to perform official duty
at a temporary work location which requires that the employee reside away from
home and is provided with accommodation by the Government, the employee shall
be eligible to be reimbursed expenses properly and reasonably incurred during
the time actually spent away from the employee's residence in order to perform
that duty and in addition be paid an allowance at the rate set at Item 10 of
Table 4, of Part D as appropriate. Such expenses are limited to costs in
relation to food, laundry and accommodation that exceed what would normally
have been incurred at home. Any meal taken at a Government establishment is to
be paid for and appropriate reimbursement sought.
26.6 Additional
Provisions
26.6.1 Unless
specifically provided for in Clause 12, Relieving Provisions, Clause 16,
Training Course Attendance Entitlements or Clause 25, Court Attendance
Entitlements, the provisions of this clause shall not apply in the
circumstances provided for by those clauses. Nor do they apply to Recruits
undertaking College training.
26.6.2 When
an employee is required to travel to a temporary work location or to attend a
training course or conference on what would normally be regarded as a one day
journey and the time of travel will exceed four hours on any one day in
addition to the normal hours of work, the employee may be directed or may
request that the employee reside temporarily at a place other than the
employee's residence to avoid such travel time on any day and in such case
shall be entitled to the accommodation allowances as appropriate.
26.6.3 The
claim for an accommodation allowance or reimbursement of expenses shall be for
the whole of the period of absence and cannot be dissected into part of the
time of the absence by way of allowance and part of the absence being
compensated by reimbursement.
26.6.4 When
an employee in receipt of an accommodation allowance is granted special leave
to return home from a temporary work location, the employee shall be reimbursed
for the cost of the return rail fare or if a first class rail service is
reasonably available, the cost of a first class return rail fare, or a motor
vehicle allowance at the appropriate specified journey rate set at Item 1 of
Table 4 of Part D to the value of the rail fares. No taxi fares or other
incidental expenses are payable.
26.6.5 An
employee shall be entitled to the option of using public transport or
reimbursement for the use of the employee's private vehicle on the following
basis:
26.6.5.1 Reimbursement
is not to be paid for a journey if an official motor vehicle is available for
the journey.
26.6.5.2 If an
official motor vehicle was not available but public transport was reasonably
available for the journey, the amount of any reimbursement is not to exceed the
cost of the journey by public transport.
26.6.5.3 Where
the employee elects to use a private vehicle the employee shall be reimbursed
at the specified journey rate prescribed from time to time or the cost of
public transport, whichever, unless the Commissioner approves otherwise, is the
lesser.
26.6.5.4 Where
an official motor vehicle is not available, and public transport was not
reasonably available for the journey, if the employee agrees to use the
employee's private vehicle, reimbursement shall be at the appropriate Official
Business rate set at Item 11 of Table 4 of Part D.
26.6.5.5 Where
the meal allowance or the accommodation allowance is insufficient to adequately
reimburse the employee for expenses properly and reasonably incurred, a further
amount may be paid so as to reimburse the employee for the additional expenses
incurred subject to the following:
26.6.5.5.1 The
Commissioner may require the production of receipts or other proof that
expenditure was incurred.
26.6.5.5.2 If any
expense in respect of which an allowance is payable was not properly and
reasonably incurred by the employee in the performance of official duties,
payment of the allowance may be refused or the amount of the allowance may be
reduced.
26.6.5.5.3 If any
purported expense was not incurred by the employee, payment of the allowance
may be refused or the amount of the allowance may be reduced.
26.6.5.6 The
Commissioner is to consider the convenience of the employee when an employee is
required to travel to a temporary work location.
26.6.5.7 Unless
special circumstances exist, the employee's work, the mode of transport used
and the employee's travel itineraries are to be organised and approved in
advance so that compensation for excess travel time and payment of allowances
is reasonably minimised.
26.6.5.8 Where
an employee applies for the payment of excess travel time and leave is granted
in lieu of payment, the employee may apply to the PEO for further consideration
in respect of the claim for payment.
26.7 Claims
Claims should be submitted promptly, i.e., within one
month from the completion of the work or within such time as the Commissioner
determines.
26.7.1 The
Commissioner may approve applications for advance payments of travelling and
sustenance allowances. Such applications should detail the appropriate
expenditure anticipated and be in accordance with In Orders 1982/34.
26.7.2 In
assessing claims for excess travelling time and payment of allowances reference
should be made to the time that might reasonably have been taken by the
particular mode of transport used. Provided that where an employee can
demonstrate that the use of the means of transport proposed by the Department
is unreasonable in the circumstances, the employee may apply to the
Commissioner for a review of the Department's decision. Where an employee does
not wish to use the means of transport proposed by the Department e.g. air
travel as against train or car travel, travelling time and allowances should be
assessed on the basis that the most practical and economical means of transport
is used.
26.7.3 Where
an allowance is payable at a daily rate and a claim is made for a portion of
the day, the amount to be paid is to be calculated to the nearest half hour.
26.8
26.8.1 The
amounts set at Items 4 to 10 in Table 4 of Part D, shall be adjusted in line
with the allowances prescribed in the Crown Employees (Public Service
Conditions of Employment 2002) Award, in the same amounts and from the same
dates.
26.8.2 The
amounts set at Items 1, 2, 4, 5, 6, 7, 8, 9, 10 and 11 in Table 4 of Part D
shall be adjusted in line with the allowances prescribed in the Personnel
Handbook, in the same amounts and from the same dates.
27. Notice of Transfer
27.1 When an
employee is to be transferred to work at a new location and/or to a different
platoon, the Commissioner shall give the employee the following notice -
27.1.1 Seven
(7) days notice when the transfer is within the same fire district or within
the GSA and on the same platoon,
27.1.2 Fourteen
(14) days notice when the transfer is within the same fire district or within
the GSA but to a different platoon,
27.1.3 Twenty
eight (28) days notice when the transfer is outside the GSA or the employee's
current fire district, and such notice shall be confirmed in writing.
28. Transfers Outside of the GSA
This Clause prescribes the transfer arrangements which shall
apply in the case of all Operational Fire-fighter vacancies which arise outside
of the GSA from the date of operation of this Award until 1 May 2006, whereupon
this Clause shall cease to operate and Clause 28A shall take effect.
28.1 Transfer
Register Applications
28.1.1 Applications
for placement on any Transfer Register shall be made by way of report to the
Manager Operational Personnel. Such reports shall clearly state the Transfer
Register on which the employee seeks to be placed, the employee’s current
classification, the employee’s current address and whether or not the employee
is claiming residential qualification pursuant to subclause 28.4.
28.1.2 With
the exception of Recruit Fire-fighters, all fire-fighters shall be eligible to
apply for placement on any one or more of the Country Transfer Registers or
Regional Transfer Registers listed at subclause 28.2.
28.1.3 With
the exception of Inspectors with regards to the Blue Mountains area (only), all
Station Officers and Inspectors shall be eligible to apply for placement on any
one or more of the Regional Transfer Registers listed at subclause 28.2.2.
28.1.4 Leading
Fire-fighters shall not be eligible to apply for placement on any Officer
Transfer Register until such time as they have been promoted to Station Officer
rank. Similarly, Station Officers shall
not be eligible to apply for placement on any Senior Officer Transfer Register
until such time as they have been promoted to Inspector rank. Employees so
promoted shall be required to submit a new report pursuant to subclause 28.1.1
in order to be placed on the corresponding Transfer Register for their new
classification.
28.1.5 The
Manager Operational Personnel shall acknowledge receipt of all applications
within 14 days of the day upon which they are received. This receipt shall
confirm the employee’s service number, name, date of application, Transfer
Register for which the employee has applied and, if applicable, whether or not
the employee’s claim for Residential Qualification has been accepted.
Applications for placement on a Transfer Register shall only be valid upon the
issuing of this receipt, which shall serve as proof of an employee’s
application.
28.1.6 Employees
may be removed from a Transfer Register by submitting a further report to that
effect to the Manager Operational Personnel, who shall in turn issue a receipt
as proof of that withdrawal.
28.2 Transfer Registers
28.2.1 Country
Transfer Registers:
Transfer Register
|
Local Government
Area
|
|
|
Albury
|
Albury City Council
|
Armidale
|
Armidale City Council
|
Bathurst
|
Bathurst City Council
|
Broken Hill
|
Broken Hill City
Council
|
Coffs Harbour
|
Coffs Harbour City Council
|
Dubbo
|
Dubbo City Council
|
Goulburn
|
Goulburn City Council
|
Lismore
|
Lismore City Council
|
Maitland
|
Maitland City Council
|
Moree
|
Moree Plains Shire
Council
|
Nowra
|
Shoalhaven City Council
|
Orange
|
Orange City Council
|
Port Macquarie
|
Hastings Council
|
Queanbeyan
|
Queanbeyan City Council
|
Tamworth
|
Tamworth City Council
|
Tweed Heads
|
Tweed Shire Council
|
Wagga Wagga
|
Wagga Wagga City
Council
|
28.2.2 Regional
Transfer Registers:
Transfer Register
|
Local Government
Area
|
|
|
Blue Mountains
|
Blue Mountains City Council
|
Central Coast
|
Gosford City Council and Wyong Shire Council
|
Illawarra
|
Wollongong City Council and Shellharbour City Council
|
Newcastle
|
Lake Macquarie City Council and Newcastle City Council
|
28.2.3 The
parties agree that where permanent fire-fighters are to be introduced in an
area outside the GSA for which no Transfer Register exists, a new Transfer
Register will be established. Where a new transfer register is to be
established, the Department shall advertise the establishment of that register
and invite initial applications for a period of six weeks. Any applications
received within the six week period shall be deemed to have been received on
the date of creation of the register and placed on that register in accordance
with the following provisions:
28.2.3.1 Notwithstanding
the provisions of subclause 28.4.2, an applicant who satisfies the provisions
of subclause 28.4.3 and has done so for a period of 2 or more consecutive years
leading up to the date of creation of the list shall be placed at the top of
register. Where more than one applicant satisfies this provision, placement on
the register shall be determined by a ballot conducted by the Manager
Operational Personnel; and
28.2.3.2 Applicants
who are unable to satisfy the provisions of subclause 28.2.3.1 shall be placed
immediately after last of those applicants so placed on the register. Where
more than one such application is received, the order of placement shall be
determined by way of a ballot conducted by the Manager Operational Personnel.
28.3 Operation of
Transfer Registers
28.3.1 The
Department shall establish and maintain Transfer Registers as follows:
28.3.1.1 for
fire-fighters, a separate Transfer Register for each of the Country Transfer
Register areas and Regional Transfer Register areas listed at subclauses 28.2.1
and 28.2.2;
28.3.1.2 for
officers, a separate Transfer Register for each of the Regional Transfer
Register areas listed at subclause 28.2.2; and
28.3.1.3 for
Senior Officers, a separate Transfer Register for each of the Regional Transfer
Register areas listed at subclause 28.2.2. Provided that there shall not be a
Blue Mountains Regional Transfer Register for Senior Officers, and that
vacancies which occur within that area shall be filled in accordance with subclause
28.7.
28.3.2 Each
Transfer Register shall detail each applicant’s employee service number, their
name, the date of their original application for transfer and, if applicable,
the date of their successful application for residential qualification and/or the
date of their eventual transfer to the area in question.
28.3.3 The
placement of each employee upon each Transfer Register shall be determined by
order of the date upon which the employee made application for placement on
that Transfer Register. Where more than one application for the same Transfer
Register is submitted on the same day, the Manager Operational Personnel shall
determine the order of placement of those multiple applicants by way of ballot.
28.3.4 Upon
the occurrence of a vacancy within a Transfer Register’s area, that transfer
shall be offered to employees on that Transfer Register in the following order:
28.3.4.1 the
first offer of transfer shall be made to the highest placed employee holding
residential priority status and, if declined, to the next highest placed
employee holding residential priority status, and so on until such time as the
vacancy is filled;
28.3.4.2 in
the event that no employee on that Transfer Register holds residential priority
status, or that all employees holding residential priority status decline the
offer of transfer, the vacancy shall then be offered to all employees on that
Transfer Register, with the first offer to be made to the highest placed
employee and, if declined, to the next highest placed employee and so on until
such time as the vacancy is filled; and
28.3.4.3 in
the event that no employee exists on that Transfer Register and/or all
employees on that Transfer Register decline the offer of transfer, the vacancy
shall then be advertised for and open to all eligible employees.
28.3.5 Declining
an offer of transfer shall not affect an employee’s position on the relevant
Transfer Register, provided that employees who decline three successive offers
of transfer shall be removed from that Transfer Register.
28.3.6 The
Department shall make available copies of all Transfer Registers to employees
in the manner agreed between the Department and the Union.
28.4 Residential
Qualification and Residential Priority Status
28.4.1 All
employees seeking residential qualification on any Transfer Register shall be
required to submit a report to the Manager Operational Personnel setting out
the Transfer Register for which residential qualification is sought, the
address of their primary residence and their current work location. This report
may be either the same report as that of the employee’s original application
made pursuant to subclause 28.1.1, or a subsequent report which is submitted
due to an employee’s transfer or a change of primary residence.
28.4.2 An employee
shall not be entitled to recognition of residential qualification on any
Transfer Register prior to the date of their report making application for that
recognition pursuant to subclause 28.4.1.
28.4.3 In
order to recognise an employee’s claim for residential qualification on a
particular Transfer Register, the Manager Operational Personnel must first be
satisfied that the primary residence in question is located either:
28.4.3.1 within
the Transfer Register area in question, or
28.4.3.2 in
such a location that any permanently staffed fire station within the Transfer
Register area for which the applicant is claiming residential priority is
closer to their primary residence than any permanently staffed fire station
within the GSA or Transfer Register area, as the case may be, to which the
applicant is currently attached. For the purposes of this subclause, distances
shall be determined by drawing a straight line between both locations and
calculating that distance, i.e. in a straight line.
28.4.4 Employees
holding residential qualification on any Transfer Register must submit a
further report pursuant to subclause 28.4.1 immediately upon their:
28.4.4.1 change
of address, meaning a change in the location of their primary residence; or
28.4.4.2 transfer
from the GSA to a Transfer Register area; or
28.4.4.3 transfer
from one Transfer Register area to another Transfer Register area.
28.4.5 The
Manager Operational Personnel shall acknowledge and review all reports
submitted pursuant to subclause 28.4.4. If an employee’s transfer or revised
primary residence location means that the employee no longer satisfies the
residential qualification requirements of subclause 28.4.3, then the employee’s
records upon the relevant Transfer Register(s) shall be adjusted accordingly.
It shall remain the responsibility of employees to apply for any additional
residential qualification which may arise as a result of their transfer or
revised primary residence.
28.4.6 Subject
to the provisions of subclause 28.4.7, an employee who has held and continually
maintained residential qualification upon a Transfer Register for two years
shall then be recognised as holding residential priority status for that
Transfer Register. Employees shall be required to provide evidence of their
claim for primary residence prior to being placed on the Transfer Register with
Statutory Declarations, electoral enrolment forms, rates notices, bills and/or
such other documentation or evidence which it would be reasonable for the
Department to request of the employee in order to verify their claim. Vacant
blocks of land, Post Office boxes, investment properties, holiday homes or the
addresses of relatives or friends, when in fact the employee has primarily
resided elsewhere, shall therefore be unacceptable.
28.4.7 In
the case of Leading Fire-fighters who are promoted to Station Officer, or
Station Officers who are promoted to Inspector:
28.4.7.1 if
stationed within a Regional Transfer Register area at the time of their
promotion, then such employees shall be transferred to the GSA. Provided that
employees so transferred who make application pursuant to subclause 28.1 for
return transfer within three months of the date of their promotion shall be
placed on the corresponding Transfer Register for their new classification and
credited with residential priority status as of the date of that promotion;
28.4.7.2 if
holding a position on a Regional Transfer Register at the time of their
promotion, and holding residential priority status for that area, then such
employees shall be entitled within three months of the date of their promotion
to submit a further report pursuant to subclause 28.1, following which they
shall be placed on the corresponding Transfer Register for their new
classification and credited with residential priority status as of the date of
that promotion;
28.4.7.3 if
holding a position on a Regional Transfer Register at the time of their
promotion, and holding residential qualification for that area, then such
employees shall be entitled within three months of the date of their promotion
to submit a further report pursuant to subclause 28.1, following which they
shall be placed on the corresponding Transfer Register for their new
classification as of the date of that promotion and recognised for the purposes
of subclause 28.4.6 for that period of residential qualification already
accrued.
28.4.7.4 if
holding a position on a Regional Transfer Register at the time of their
promotion, but without holding residential qualification for that area, then
such employees shall be entitled within three months of the date of their
promotion to submit a further report pursuant to subclause 28.1, following
which they shall then be placed on the corresponding Transfer Register for
their new classification as of the date of that promotion.
28.5 Appeals
concerning Residential Qualification
28.5.1 An
employee seeking to challenge either the Department’s determination of their
residential qualification, or the Department’s determination of the residential
qualification of another employee may appeal in the first instance by way of
report to the Assistant Director Operational Personnel. Such reports shall
provide all relevant details and may be supported by any documentation or
evidence which the employee considers relevant to their claim. An anonymous appeal against an employee
shall not be investigated.
28.5.2 Where
an appeal concerns the employee’s own residential qualification, the Assistant
Director Operational Personnel shall provide the employee with a written
determination of that appeal, setting out the reasons for same, within 14 days
of receipt of the employee’s report.
28.5.3 Where
an appeal concerns the residential qualification of another employee, the
Assistant Director Operational Personnel shall forward a copy of the said
report to the employee who is the subject of the challenge. The employee under
challenge shall be allowed no less than 28 days to reply by way of report to
the Assistant Director Operational Personnel who shall thereafter provide both
employees with a written determination of the appeal, setting out the reasons
for same, within 14 days of receipt of the second employee’s report.
28.5.4 An
employee may appeal a determination of the Assistant Director Operational
Personnel by way of report to the Commissioner. The Commissioner shall consider
all previous reports and documentation relating to the matter, together with
any additional information which the employee or employees concerned may
supply, following which the Commissioner shall provide the employee or
employees concerned with a written and final determination of the matter.
28.6 Regional
Communications and BA/Hazmat
This subclause prescribes the transfer arrangements
which shall apply for all fire-fighter or Station Officer vacancies which occur
within Regional Communication Centres and Regional BA/Hazmat Sections.
28.6.1 Upon
the occurrence of a vacancy, transfers shall be advertised and offered in the
following order:
28.6.1.1 Firstly,
to all employees who are stationed within the Regional Transfer Register area
in which the vacancy exists. Where there are more suitable applicants than
positions available, interviews shall be held to determine the successful
applicant.
28.6.1.2 In
the event that no applications are received at subclause 28.6.1.1, or that none
of the local applicants meet the essential criteria, as agreed between the
Department and the Union, the vacancy shall then be offered to all employees
holding residential priority status on the relevant Regional Transfer Register,
with the first offer to be made to the highest placed applicant who meets the
essential criteria and, if declined, to the next highest placed applicant who
meets the essential criteria and so on until such time as the vacancy is filled.
28.6.1.3 In
the event that all employees holding residential priority status on that
Regional Transfer Register decline the offer of transfer, or that no such
employee meets the essential criteria, as agreed between the Department and the
Union, the vacancy shall then be offered to all employees on that Regional
Transfer Register, with the first offer to be made to the highest placed
applicant who meets the essential criteria and, if declined, to the next
highest placed applicant who meets the essential criteria and so on until such
time as the vacancy is filled.
28.6.1.4 In
the event that all employees on that Regional Transfer Register decline the
offer of transfer, or that none of the Regional Transfer Register applicants
meet the essential criteria, as agreed between the Department and the Union,
the vacancy shall then be advertised by way of internal memorandum to all
Communication Centre or BA/Hazmat employees (as the case may be). Where there
are more suitable applicants than positions, interviews shall be held to
determine the successful applicant.
28.6.1.5 In
the event that all Communication Centre or BA/Hazmat employees (as the case may
be) decline the offer of transfer, the vacancy shall then be advertised for and
open to all eligible employees through In Orders.
28.6.1.6 Successful
applicants will be required to successfully complete the required training, and
on appointment, to serve in the relevant Centre/Section for a minimum period of
three years. Provided that if the transfer is made in accordance with subclause
28.6.1.4 then the cumulative total service will be a minimum period of three
years.
28.7 Country
Officers, Country Senior Officers and Operational Support Staff
28.7.1 Vacancies
which occur amongst any of the positions listed at subclause 28.7.2 shall be
advertised though In Orders and filled on the basis of competitive merit
selection. Selection Committees shall be constituted in accordance with the
Recruitment and Selection Guidelines of the NSW Public Service.
28.7.2
28.7.2.1 Country
Officers, being all Station Officer positions located in areas outside of the
GSA and the Regional areas listed at subclause 28.2.2; and
28.7.2.2 Country
Senior Officers, being all Inspector positions located outside the GSA and the
Newcastle, Central Coast and Illawarra Transfer Register areas; and
28.7.2.3 Operational
Support staff, being all positions defined as such by Clause 14 of this Award.
28.8 Transitional
Provisions
Employees who, as at 7 June 2002 were recognised by the
Department as living in or travelling through an area for which they had
applied for transfer in accordance with In Orders 1991/19 shall be deemed, for
the purposes of subclause 28.4.1, to have applied for and received residential
qualification for that Transfer Register on the date initially recognised by
the Department.
28A Transfers Outside
of the GSA (New Arrangements)
This Clause prescribes the transfer arrangements which shall
apply in the case of all Operational Fire-fighter vacancies which arise outside
of the GSA on and from 1 May 2006, whereupon Clause 28 shall cease to operate
and this Clause shall take effect.
28A.1 Transfer Register
Applications
28A.1.1 Applications
for placement on any Transfer Register shall be made by way of report to the
Manager Operational Personnel. Such reports shall clearly state the Transfer
Register on which the employee seeks to be placed, the employee’s current
classification, the employee’s current address and whether or not the employee
is claiming residential priority pursuant to subclause 28A.4.
28A.1.2 With
the exception of Recruit Fire-fighters, all fire-fighters shall be eligible to
apply for placement on any one or more of the Country Transfer Registers or
Regional Transfer Registers listed at subclause 28A.2.
28A.1.3 With
the exception of Inspectors with regards to the Blue Mountains area (only), all
Station Officers and Inspectors shall be eligible to apply for placement on any
one or more of the Regional Transfer Registers listed at subclause 28A.2.2.
28A.1.4 Leading
Fire-fighters shall not be eligible to apply for placement on any Officer
Transfer Register until such time as they have been promoted to Station Officer
rank. Similarly, Station Officers shall not be eligible to apply for placement
on any Senior Officer Transfer Register until such time as they have been
promoted to Inspector rank. Employees so promoted shall be required to submit a
new report pursuant to subclause 28A.1.1 in order to be placed on the
corresponding Transfer Register for their new classification.
28A.1.5 The
Manager Operational Personnel shall acknowledge receipt of all applications
within 14 days of the day upon which they are received. This receipt shall
confirm the employee’s service number, name, date of application, Transfer
Register for which the employee has applied and, if applicable, whether or not
the employee’s claim for residential priority has been accepted. Applications
for placement on a Transfer Register shall only be valid upon the issuing of
this receipt, which shall serve as proof of an employee’s application.
28A.1.6 Employees
may be removed from a Transfer Register by submitting a further report to that
effect to the Manager Operational Personnel, who shall in turn issue a receipt
as proof of that withdrawal.
28A.2 Transfer Registers
28A.2.1 Country
Transfer Registers:
Transfer Register
|
Local Government
Area
|
|
|
Albury
|
Albury City Council
|
Armidale
|
Armidale City Council
|
Bathurst
|
Bathurst City Council
|
Broken Hill
|
Broken Hill City Council
|
Coffs Harbour
|
Coffs Harbour City Council
|
Dubbo
|
Dubbo City Council
|
Goulburn
|
Goulburn City Council
|
Lismore
|
Lismore City Council
|
Maitland
|
Maitland City Council
|
Moree
|
Moree Plains Shire Council
|
Nowra
|
Shoalhaven City Council
|
Orange
|
Orange City Council
|
Port Macquarie
|
Hastings Council
|
Queanbeyan
|
Queanbeyan City Council
|
Tamworth
|
Tamworth City Council
|
Tweed Heads
|
Tweed Shire Council
|
Wagga Wagga
|
Wagga Wagga City Council
|
28A.2.2 Regional
Transfer Registers:
Transfer Register
|
Local Government Area
|
|
|
Blue Mountains
|
Blue Mountains City Council
|
Central Coast
|
Gosford City Council and Wyong Shire Council
|
Illawarra
|
Wollongong City Council and Shellharbour City Council
|
Newcastle
|
Lake Macquarie City Council and Newcastle City Council
|
28A.2.3 The parties
agree that where permanent fire-fighters are to be introduced in an area
outside the GSA for which no Transfer Register exists, a new Transfer Register
will be established. Where a new transfer register is to be established, the
Department shall advertise the establishment of that register and invite
initial applications for a period of six weeks. Any applications received
within the six week period shall be deemed to have been received on the date of
creation of the register and placed on that register in accordance with the
following provisions:
28A.2.3.1 Notwithstanding
the provisions of subclause 28A.4.2, an applicant who satisfies the provisions
of subclause 28A.4.3 and has done so for a period of 2 or more consecutive
years leading up to the date of creation of a Transfer Register shall be placed
at the top of that Residential Transfer Register. Where more than one applicant
satisfies this provision, placement on that Residential Transfer Register shall
be determined by a ballot conducted by the Manager Operational Personnel; and
28A.2.3.2 Applicants
who are unable to satisfy the provisions of subclause 28A.2.3.1 shall be placed
at the top of the relevant General Transfer Register. Where more than one such
application is received, the order of placement shall be determined by way of a
ballot conducted by the Manager Operational Personnel.
28A.3 Operation of
Transfer Registers
28A.3.1 The
Department shall establish and maintain a General Transfer Register and a
Residential Transfer Register for each category of Operational Fire-fighter
employees as follows:
28A.3.1.1 in the
case of Fire-fighters, for each of the Country Transfer Register areas and
Regional Transfer Register areas listed at subclauses 28A.2.1 and 28A.2.2;
28A.3.1.2 in the case
of Officers, for each of the Regional Transfer Register areas listed at
subclause 28A.2.2; and
28A.3.1.3 in the
case of Senior Officers, for each of the Regional Transfer Register areas
listed at subclause 28A.2.2. Provided that there shall not be a Blue Mountains
Regional Transfer Register for Senior Officers, and that vacancies which occur
within that area shall be filled in accordance with subclause 28A.7.
28.3.2
28A.3.2.1 Each
General Transfer Register shall detail each applicant’s employee service
number, their name, the date of their original application for transfer and, if
applicable, the date their application for residential priority status was
accepted, the date they were elevated to that area’s Residential Transfer
Register and/or the date of their eventual transfer to the area in question.
28A3.2.2 Each
Residential Transfer Register shall detail each applicant’s employee service
number, their name, the date of their original application for transfer, the
date their application for residential priority status was accepted, the date
they were elevated to that area’s Residential Transfer Register and, if
applicable, the date of their eventual transfer to the area in question.
28A.3.3 The
order of placement of each employee upon each Transfer Register shall be
determined:
28A.3.3.1 in the
case of General Transfer Registers, by order of the date upon which the
employee made application for placement upon that Transfer Register. Where more
than one application for the same Transfer Register is submitted on the same
day, the Manager Operational Personnel shall determine the order of placement
of those multiple applicants by way of ballot; and
28A.3.3.2 in the
case of Residential Transfer Registers, by order of the date upon which the
employee was elevated to that Residential Transfer Register. Subject to the
provisions of 28A.4.3, 28A.4.7.1 and 28A.4.7.2, an employee’s elevation to a
Residential Transfer Register shall be subject to: firstly, the employee having
held a position on the relevant General Transfer Register for at least two
years; and secondly, the employee having been recognised as having met and
maintained residential priority status for that Transfer Register’s area for at
least two years.
28A.3.4 Upon
the occurrence of a vacancy, transfers shall be offered to employees in the
following order:
28A.3.4.1 Firstly,
by reference to the relevant Residential Transfer Register, with the first
offer to be made to the highest placed employee on that Register and, if
declined, to the next highest placed employee and so on until such time as the
vacancy is filled.
28A.3.4.2 In the
event that no employee exists on the relevant Residential Transfer Register, or
that all employees on that Residential Transfer Register decline the offer of
transfer, the vacancy shall then be offered to all employees on the relevant
General Transfer Register, with the first offer to be made to the highest
placed employee on that Register and, if declined, to the next highest placed
employee and so on until such time as the vacancy is filled.
28A3.4.3 In the
event that no employee exists on the relevant General Transfer Register and/or
all employees on that General Transfer Register decline the offer of transfer,
the vacancy shall then be advertised for and open to all eligible employees.
28A.3.5 Declining
an offer of transfer shall not affect an employee’s position on the relevant
Transfer Register, provided that employees who decline three successive offers
of transfer shall be removed from that Transfer Register.
28A.3.6 The
Department shall make available copies of all Transfer Registers to employees
in the manner agreed between the Department and the Union.
28A..4 Residential
Priority
28A.4.1 All employees
seeking residential priority for any Transfer Register area shall be required
to submit a report to the Manager Operational Personnel setting out the grounds
for their claim. Such employees shall be required to provide evidence of their
claim for primary residence prior to being placed on the Transfer Register with
Statutory Declarations, electoral enrolment forms, rates notices, bills and/or
such other documentation or evidence which it would be reasonable for the
Department to request of the employee in order to verify their claim. Vacant
blocks of land, Post Office boxes, investment properties, holiday homes or the
addresses of relatives or friends, when in fact the employee has primarily
resided elsewhere, shall therefore be unacceptable. This report may be either
the same report as that of the employee’s original application made pursuant to
subclause 28A.1.1, or a subsequent report which is submitted due to an
employee’s transfer or a change of primary residence.
28A.4.2 An
employee shall not be entitled to recognition of residential priority on any
Transfer Register prior to the date of their report making application for that
recognition pursuant to subclause 28A.4.1.
28A.4.3 In
order to recognise an employee’s claim for residential priority for a
particular Transfer Register, the Manager Operational Personnel must first be
satisfied that the primary residence in question is located either:
28A.4.3.1 within
the Transfer Register area in question, or
28A.4.3.2 in such
a location that any permanently staffed fire station within the Transfer
Register area for which the applicant is claiming residential priority is
closer to their primary residence than any permanently staffed fire station
within the GSA or Transfer Register area, as the case may be, to which the
applicant is currently attached. For the purposes of this subclause, distances
shall be determined by drawing a straight line between both locations and
calculating that distance, i.e. in a straight line.
28A.4.4 Employees
holding residential priority status on any Transfer Register must submit a
further report pursuant to subclause 28A.4.1 immediately upon their:
28A.4.4.1 change
of address, meaning a change in the location of their primary residence; or
28A.4.4.2 transfer
from the GSA to a Transfer Register area; or
28A.4.4.3 transfer
from one Transfer Register area to another Transfer Register area.
28A.4.5 The
Manager Operational Personnel shall acknowledge and review all reports
submitted pursuant to subclause 28A.4.4. If an employee’s transfer or revised
primary residence location means that the employee no longer satisfies the
residential priority requirements of subclause 28A.4.3, then the employee’s
records upon the relevant Transfer Register(s) shall be adjusted accordingly It
shall remain the responsibility of employees to apply for any additional
residential priority status which may arise as a result of their transfer or
revised primary residence.
28A.4.6 Subject
to the provisions of subclause 28A.4.7, an employee who has held and
continually maintained residential priority status upon a General Transfer
Register for two years shall then be elevated to the relevant Residential
Transfer Register in accordance with subclause 28A.3.3.2. Provided that
employees who are elevated to a Residential Transfer Register and who are later
found to no longer meet the criteria for residential priority shall be returned
to and placed upon the relevant General Transfer Register by order of the date
of their original application.
28A.4.7 In the
case of Leading Fire-fighters who are promoted to Station Officer, or Station
Officers who are promoted to Inspector:
28A.4.7.1 if
stationed within a Regional Transfer Register area at the time of their promotion,
then such employees shall be transferred to the GSA. Provided that employees so
transferred who make application pursuant to subclause 28A.1 for return
transfer within three months of the date of their promotion shall be placed on
the corresponding Residential Transfer Register for their new classification as
of the date of that promotion;
28A.4.7.2 if
holding a position on a Regional area’s Residential Transfer Register at the
time of their promotion then such employees shall be entitled within three
months of the date of their promotion to submit a further report pursuant to
subclause 28A.1, following which they shall be placed on the corresponding
Residential Transfer Register for their new classification as of the date of
that promotion;
28A.4.7.3 if
holding a position on a Regional area’s General Transfer Register at the time
of their promotion, and holding residential priority status for that area, then
such employees shall be entitled within three months of the date of their
promotion to submit a further report pursuant to subclause 28A.1, following
which they shall be placed on the corresponding General Transfer Register for
their new classification as of the date of that promotion and recognised for
the purposes of subclause 28A.4.6 for that period of residential qualification
already accrued.
28A.4.7.4 if
holding a position on a Regional area’s General Transfer Register at the time
of their promotion, but without holding residential priority status for that
area, then such employees shall be entitled within three months of the date of
their promotion to submit a further report pursuant to subclause 28A.1,
following which they shall then be placed on the corresponding General Transfer
Register for their new classification as of the date of that promotion.
28A.5 Appeals concerning
Residential Priority
28A.5.1 An
employee seeking to challenge either the Department’s determination of their
residential priority status, or the Department’s determination of the
residential priority status of another employee may appeal in the first
instance by way of report to the Assistant Director Operational Personnel. Such
reports shall provide all relevant details and may be supported by any
documentation or evidence which the employee considers relevant to their claim.
An anonymous appeal against an employee shall not be investigated.
28A.5.2 Where
an appeal concerns the employee’s own residential status, the Assistant
Director Operational Personnel shall provide the employee with a written
determination of that appeal, setting out the reasons for same, within 14 days
of receipt of the employee’s report.
28A.5.3 Where
an appeal concerns the residential status of another employee, the Assistant
Director Operational Personnel shall forward a copy of the said report to the
employee who is the subject of the challenge. The employee under challenge
shall be allowed no less than 28 days to reply by way of report to the
Assistant Director Operational Personnel who shall thereafter provide both
employees with a written determination of the appeal, setting out the reasons
for same, within 14 days of receipt of the second employee’s report.
28A.5.4 An
employee may appeal a determination of the Assistant Director Operational
Personnel by way of report to the Commissioner. The Commissioner shall consider
all previous reports and documentation relating to the matter, together with
any additional information which the employee or employees concerned may
supply, following which the Commissioner shall provide the employee or
employees concerned with a written and final determination of the matter.
28A.6 Regional
Communications and BA/Hazmat
This subclause prescribes the transfer arrangements
which shall apply for all fire-fighter or Station Officer vacancies which occur
within Regional Communication Centres and Regional BA/Hazmat Sections.
28A.6.1 Upon
the occurrence of a vacancy, transfers shall be advertised and offered in the
following order:
28A.6.1.1 Firstly,
to all employees who are stationed within the Regional Transfer Register area
in which the vacancy exists. Where there are more suitable applicants than
positions available, interviews shall be held to determine the successful
applicant.
28A.6.1.2 In the
event that no applications are received at subclause 28A.6.1.1, or that none of
the local applicants meet the essential criteria, as agreed between the
Department and the Union, the vacancy shall then be offered to all employees on
the relevant Residential Transfer Register, with the first offer to be made to
the highest placed applicant who meets the essential criteria and, if declined,
to the next highest placed applicant who meets the essential criteria and so on
until such time as the vacancy is filled.
28A.6.1.3 In the event
that all employees on that area’s Residential Transfer Register decline the
offer of transfer, or that none of the Residential Transfer Register applicants
meet the essential criteria, as agreed between the Department and the Union,
the vacancy shall then be offered to all employees on the relevant General
Transfer Register, with the first offer to be made to the highest placed
applicant who meets the essential criteria and, if declined, to the next
highest placed applicant who meets the essential criteria and so on until such
time as the vacancy is filled.
28A.6.1.4 In the
event that all employees on that area’s General Transfer Register decline the
offer of transfer, or that none of the General Transfer Register applicants
meet the essential criteria, as agreed between the Department and the Union,
the vacancy shall then be advertised by way of internal memorandum to all
Communication Centre or BA/Hazmat employees (as the case may be). Where there
are more suitable applicants than positions, interviews shall be held to
determine the successful applicant.
28A.6.1.5 In the
event that all Communication Centre or BA/Hazmat employees (as the case may be)
decline the offer of transfer, the vacancy shall then be advertised for and
open to all eligible employees through In Orders.
28A.6.1.6 Successful
applicants will be required to successfully complete the required training, and
on appointment, to serve in the relevant Centre/Section for a minimum period of
three years. Provided that if the transfer is made in accordance with subclause
28A.6.1.4 then the cumulative total service will be a minimum period of three
years.
28A.7 Country Officers,
Country Senior Officers and Operational Support Staff
28A.7.1 Vacancies
which occur amongst any of the positions listed at subclause 28A.7.2 shall be
advertised though In Orders and filled on the basis of competitive merit
selection. Selection Committees shall be constituted in accordance with the
Recruitment and Selection Guidelines of the NSW Public Service.
28A.7.2
28A.7.2.1 Country
Officers, being all Station Officer positions located in areas outside of the
GSA and the Regional areas listed at subclause 28A.2.2; and
28A.7.2.2 Country
Senior Officers, being all Inspector positions located outside the GSA and the Newcastle,
Central Coast and Illawarra Transfer Register areas; and
28A.7.2.3 Operational
Support staff, being all positions defined as such by Clause 14 of this Award.
28A.8 Transitional
Provisions
28A.8.1 Employees
who, as at 1 May 2006 were holding a position on one or more of the Transfer
Registers then in operation under Clause 28 shall be placed on the
corresponding new Transfer Register(s) under this Clause, Residential or
General, as follows:
28A.8.1.1 Employees
who had held residential priority status for two or more successive years will
be placed upon the relevant Residential Transfer Register(s) by order of the
date of their original application.
28A.8.1.2 All
remaining employees will be placed upon the relevant General Transfer Register(s)
by order of the date of their original application, provided that those
employees who held residential priority status for less than two years shall
have the date at which their residential priority was first recognised recorded
amongst their Register details pursuant to subclause 28A.3.2.1.
29. Transferred Employee's Compensation
29.1 When an
employee has been given notice of transfer to work in a new location and the
Commissioner requires that the employee move to new accommodation, and the
transfer is not subject to the exceptions set out below, the employee shall be
eligible for leave or credit of leave, reimbursement of costs, and to be paid
allowances set out herein.
29.2 Exceptions
29.2.1 Unless
special and exceptional circumstances exist, the exceptions exclude from the
benefit of this clause employees who are transferred:
at their own request;
under an arrangement between employees to exchange
positions; on account of the employee's breach of discipline;
within the Metropolitan Area or the same Zone.
29.2.2 For
purposes of this clause, Metropolitan Area means and includes the Sydney Region
as defined by the Department of Planning but also including the area referred
to as the Central Coast on the Northern Line as far as Gosford, the area on the
Western Line as far as Mt. Victoria and on the Illawarra Line as far as
Wollongong.
29.2.3 Employees
who are transferred as a result of inclusion in a transfer list established in
accordance with Clause 28 of this Award shall, for the purposes of this Clause,
be deemed to have been transferred "at their own request" and shall
not be eligible for the entitlements set out in this Clause.
29.2.4 Notwithstanding
the provisions of subclause 29.2.1, employees who are transferred by way of a
merit based selection process, including employees promoted to a rank that
necessitates a transfer, shall attract the relevant entitlements of this
Clause.
29.2.5 Notwithstanding
the provisions of subclause 29.2.1, employees who received compensation for
transferring to a particular station/location shall, after a period of not less
than 2 years service at that location, be entitled to the provisions of this
Clause upon transfer to the GSA.
29.3 This clause
does not alter the transfer procedures, as at the date of making of this Award,
set out in Standing Orders. Any variation to those procedures shall be by
agreement between the Department and Union.
29.4 Leave
When an employee has been given notice of transfer and is
required to move to new accommodation the employee shall be eligible for leave
and/or to apply for payment at the ordinary rate of pay in lieu of the granting
of leave or the Commissioner may credit such leave as consolidated leave as
follows to a maximum of:
29.4.1 Sixteen
(16) working hours to visit the new location with a view to obtaining
accommodation,
29.4.2 Sixteen
(16) working hours to prepare and pack personal and household effects prior to
removal or for the purpose of arranging storage,
29.4.3 Such
leave as is necessary to travel to the new location for the purposes of
obtaining suitable accommodation and/or to commence duty,
29.4.4 Eight
(8) hours for the combined purpose of cleaning the premises being vacated
and/or occupying and settling into the new premises.
Where an employee is eligible
for, and takes leave, for part of a shift the Commissioner may direct the
employee to take consolidated leave to credit for the remainder of the shift
and if the employee does not have sufficient leave to credit, the shortfall may
be taken as an advance against consolidated leave that may accrue or as leave
without pay.
29.4.5 Provided
suitable arrangements can be made for a performance of duties, an employee
working a special roster who has been unable to secure accommodation for the
family at the new location is entitled to sufficient special leave to permit a
return home on weekends once each month to spend two consecutive days and
nights with the family, together with an additional day and night in respect of
each public holiday occurring in conjunction with the weekend and on which the
employee would not normally be rostered for duty. This leave is limited to the
time necessarily required in travelling on the day preceding and the day
following such weekend.
29.4.6 Where
a transferred employee working a special roster is located in a district where
a return home once each month is not possible, such employee, after four weeks
at the new location, will be entitled to sufficient leave to allow the transferred
employee two consecutive days and nights at a weekend with the family.
Following that four weeks, the employee will be allowed to accumulate special
leave at the rate of sixteen (16) working hours per month until sufficient
leave is available to allow the return home at a weekend for a similar period.
29.4.7 Special
Roster is the roster specified at subclause 8.6 of this Award.
29.5 Cost of
Temporary Accommodation
For the purposes of this subclause, temporary
accommodation does not include a house or a flat, whether owned by the
Government or privately owned, but relates to what is commonly termed board and
lodging.
29.5.1 Transferred
employees maintaining dependant relatives at home who are required to vacate
the existing residence prior to departure for the new location and/or finds it
necessary to secure board and lodging for themselves and dependant relatives at
the new location pending permanent accommodation (a residence) becoming
available, the employee shall be allowed up to the amount set at Item 12 of
Table 4 of Part D, per week calculated as the actual cost of the temporary
accommodation less an excess contribution calculated as per Table 5 of Part D.
29.5.2 Where
a transferred employee maintaining dependant relatives moves to the new location
ahead of dependants, and permanent accommodation is not available, necessary
board and lodging expenses in excess of the amount set at Item 13 of Table 4 of
Part D, per week to a maximum allowance of the amount set at Item 12 of Table 4
of Part D, per week shall be payable.
29.5.3 Where
a transferred employee not maintaining dependant relatives in the home is
unable to secure permanent accommodation at the new location, the employee is to
be paid an allowance of up to 50% of the total cost of board and lodging for a
maximum period of four (4) weeks subject to a maximum the amount set at Item 12
of Table 4 of Part D, per week. Where the period of four (4) weeks is not
sufficient for the employee to find suitable permanent accommodation, full
particulars should be provided to allow the PEO to consider the extension of
this provision.
29.5.4 An
employee receiving an allowance for temporary accommodation as set out above is
entitled to a laundry (not dry cleaning) allowance as set out at:
29.5.4.1 Item
14 of Table 4 of Part D, per week if the employee only is in temporary
accommodation;
29.5.4.2 Actual
expenses to a maximum as set at Item 15 of Table 4 of Part D, per week if the
employee and dependants are in temporary accommodation.
29.5.5 Where
an employee, together with dependants are in temporary accommodation the
allowances may be paid until either
29.5.5.1 a
suitable residence becomes available; or
29.5.5.2 up to
twenty six (26) weeks if the transfer is to the country; or
29.5.5.3 up to
thirteen (13) weeks if the transfer is to the Sydney Metropolitan Area,
whichever is the sooner. The payment of allowances in
all cases is subject to:
29.5.5.4 the
production of receipts;
29.5.5.5 a
written undertaking that any reasonable offer of accommodation will be
accepted;
29.5.5.6 evidence
that the employee is taking all reasonable steps to secure a residence.
When the Commissioner considers that a transferred
employee has refused to accept reasonable accommodation and as a result the
payment of an allowance has been discontinued, the matter may be referred by
the employee or the Union to a Committee comprising two representatives of the
Union and two representatives of the PEO. If no mutual decision is arrived at
by the Committee the matter may be referred to the Industrial Relations
Commission of NSW.
29.5.6 Extension of assistance beyond the twenty
six (26)/thirteen (13) week period may be approved only if the application for
assistance is supported by acceptable evidence of unsuccessful attempts to
obtain accommodation which constitutes reasonably suitable accommodation.
29.6 Removal Costs
29.6.1 A
transferred employee is entitled to reimbursement for the costs actually and necessarily
incurred in removing personal and household effects to the new location.
Provided that the journey is travelled by the shortest practicable route and
completed within a reasonable time, these costs will include the actual and
reasonable expenses incurred by the employee and dependants for meals and
accommodation during the course of the journey.
29.6.2 Removal
expenses allowed under this clause includes the costs of insuring furniture and
effects whilst in transit up to an amount set at Item 16 of Table 4 of Part D.
Where the insured value exceeds amount, the case should be referred to the PEO
for consideration. They should be provided with an inventory of items to be
transferred together with a declaration that all items included in that policy
are being removed or stored, or, a certificate of valuation from a registered
valuer certifying the value of furniture and effects being removed or stored.
Where, due to circumstances
beyond the control of the transferred employee, the furniture and effects of
the employee arrive late at the new location or are moved before the employee's
departure from the previous location, reimbursement of expenses for meals and
accommodation properly and reasonably incurred by the employee and any
dependants shall be paid.
29.6.3
29.6.3.1 A
transferred employee shall be entitled to compensation for the accelerated
depreciation of personal and/or household effects removed to a new location.
29.6.3.2 This
entitlement is the amount set at Item 17 of Table 4 of Part D, where the
Commissioner is satisfied that the employee has removed a substantial portion
of what is normal household furniture, furnishing and fittings of not less
value than the amount set at Item 18 of Table 4 of Part D. If the value is less
than this amount, a pro rata amount is payable.
29.6.4 Where
a transferred employee is required to remove the employee's furniture from
temporary accommodation the employee is entitled to be reimbursed removal costs
and the compensation for depreciation and disturbance in respect of each such
move, notwithstanding that the employee may not be changing the location of
work.
29.6.5 When
an employee uses a private vehicle for the purposes of official business and
finds it necessary to transport another private vehicle, normally used by a
dependant relative maintained in the household, the cost of transporting or
driving that second vehicle to the employee's new location shall be part of the
removal costs and the employee may be paid either the cost of transportation by
road or rail or, if the vehicle is driven to the new location, a car allowance
at the specified journey rate set at Item 1 of Table 4 of Part D.
29.6.6 The
reimbursement for the costs actually and necessarily incurred in removing
personal and household effects to the new location shall be the equivalent to
the lowest of three competitive quotes where practicable.
29.6.7 An
advance to cover the whole or part of removal expenses allowed under this
subclause is available. The amount of the advance is to be adjusted by the
employee within one month of the expenditure being incurred.
29.7 Storage of
Furniture
Where an employee is unable to secure suitable
accommodation at the new location and is required to store the furniture while
waiting to secure a residence, the cost of storage and cartage to the store,
and from the store to the new residence shall be reimbursed. The employee shall
also be reimbursed the cost of insurance for furniture and effects while in
storage on the same basis as for insuring whilst in transit.
The maximum period of storage under this Clause is
twenty six (26) weeks in the country and thirteen (13) weeks in the
Metropolitan Area.
29.8 Costs of
Personal Transport
29.8.1 The transferred
employee and one member of the household, when proceeding on leave for the
purpose of visiting the new location with a view to obtaining suitable
accommodation, shall be entitled to the option of return rail fares, or if a
first class rail service is reasonably available, first-class return rail
fares, or reimbursement at the specified journey rate as set at Item 1 of Table
4 of Part D, for the use of a private vehicle up to the cost of rail fares.
29.8.2 The
transferred employee and all members of the household, when travelling to the
new location for the purpose of commencing duty, shall be entitled to rail
fares or reimbursement for the use of the private vehicle, as set out in
subclause 29.8.1, provided that, where the members of the employee's household
do not travel on the same occasion as the employee, the entitlement for their
personal transport shall be deferred until such time as travel to take up
residence at the employee's new location occurs.
29.8.3 A
transferred employee working the special roster specified at subclause 8.6, who
has been unable to secure accommodation for the family at the new location, who
is entitled to special leave to permit a return home at weekends, shall be
entitled to the option of rail fares or reimbursement for the use of a private
vehicle as set out in subclause 29.8.1 when proceeding on leave.
29.8.4 Car
allowance in respect of travel by the employee involved in taking up duty at
the new location shall be at the official business rate as set at Item 11 of
Table 4 of Part D.
29.8.5 When
an overall saving to the Department would eventuate, an employee and one member
of the household, when proceeding to visit the new location with a view to
obtaining suitable accommodation, shall be entitled to economy class air fares
in lieu of rail fares or reimbursement of the use of a private motor vehicle.
29.8.6 When
an employee travels to the new location with a view to obtaining suitable
accommodation and incurs expenses in relation to overnight accommodation, the employee
shall be reimbursed the reasonable and actual cost of accommodation and meals
for self and a member of the household provided the amount to be reimbursed
does not exceed sustenance allowances allowed under Clause 26, Travelling
Compensation.
29.9 Education of
Children
29.9.1 A
transferred employee who has dependant children will be entitled to the cost of
essential school clothing that is required to be replaced or purchased as a
direct result of the employee's transfer to a new location requiring the
changing of schools. No provision is made for reimbursement of additional
school fees, text books or other similar items. The basic list of school
clothing is as follows:
Basic Items
|
|
|
|
Male winter uniforms
|
Summer Uniforms
|
|
|
1 Suit coat
|
|
2 pairs of winter trousers
|
3 shirts
|
1 tie
|
3 pairs of trousers (short)
|
3 shirts
|
3 pairs of long socks
|
1 jumper/cardigan
|
|
3 pairs of socks
|
|
1 pair of shoes
|
|
1 track suit/sports uniform
|
|
(but not both)
|
|
1 pair of sandshoes
|
|
Female winter uniforms
|
Summer uniforms
|
|
|
1 hat
|
3 blouses
|
2 tunics
|
|
1 blazer
|
2 tunics
|
3 blouses
|
3 pairs stockings/
|
1 tie
|
socks
|
3 pairs stockings/socks
|
|
1 pair of gloves
|
|
1 pair of shoes
|
|
1 track suit/sports uniform
|
|
(but not both)
|
|
1 pair of sandshoes
|
|
1 jumper/cardigan
|
|
When an item of clothing
required at the new school is not included in the basic list the PEO will consider
reimbursing the cost of same but will require full particulars and
circumstances surrounding the requirement to purchase.
29.9.2 In
respect of dependant children undergoing secondary education in Year 12 at a
school in the employee's old location, where the elected subjects are not
available at a school in the employee's new location, the cost of board and
lodging for these children may be reimbursed to the transferred employee. In
such case the employee, on production of receipts for payment and a certificate
from the Department of School Education that the elected subjects are not
available at the school at the employee's new location, shall be granted the
allowance. In these cases the parent/guardian will be required to pay the first
amount as set at Item 19 of Table 4 of Part D, of the board and lodging
expenses and the Department will reimburse further costs up to a maximum of the
amount as set at Item 20 of Table 4 of Part D, per week for each child.
29.10 Conveyancing and
Other Costs
A transferred employee who, as a consequence of the
transfer to a new location, sells a residence at the former location and buys a
residence or land upon which to erect a residence at the new location shall be
entitled to reimbursement of expenses incurred in such transactions subject to
the following:
29.10.1 Where
a solicitor or a registered conveyancing company has been engaged to act on
behalf of the employee in those transactions, the professional costs and
disbursements by the solicitor or a registered conveyancing company in respect
of such transactions.
29.10.2 Where
an employee is entitled to reimbursement, the following expenses shall be
covered:
29.10.2.1 Stamp
Duty;
29.10.2.2 Where
the employee has engaged a Real Estate Agent to sell the residence at the
former location, the commission due to the Estate Agent.
29.10.3 Reimbursement
of expenses shall be made where the sale of the employee's former residence and
the purchase of either a residence or land is effected within a period
commencing not earlier than six (6) months prior to the employee's transfer and
ending not more than four (4) years after such transfer. The Department will be
prepared to consider individual cases where the four (4) year period has been
exceeded but will require full details of why sale and/or purchase of the
transferred employee's residence could not be completed in the four (4) year
period.
29.10.4 Where
a transferred employee owns a residence at a former location and has taken up
rented accommodation on transfer, the employee shall be regarded as covered by
these provisions relating to the reimbursement of conveyancing and incidental
costs on the current transfer or on a subsequent transfer provided the period
of not more than four (4) years has elapsed since the employee's immediately
preceding transfer.
29.10.5 Where
it is not practicable for the transferred employee to purchase residence in the
new location and such employee has disposed of the former residence, such
employee is not to be excluded from the benefit of this clause when
subsequently purchasing a residence in the new location on a current or
subsequent transfer within the four (4) year period.
29.10.6 There
is an upper ceiling, as set at Item 21 of Table 4 of Part D, on prices of the
properties involved in either the sale or the purchase. This limit applies
where employees are relocated from a Metropolitan Area to the country
irrespective of the size, the value and the commerciality of the property being
purchased provided transferred employees are not entitled to the reimbursement
of costs involved in transactions where the sale or purchase of a large rural
property or commercial premises might be involved.
29.10.7 Where
a transferred employee dies before completion of either or both the sale or purchase
transactions, the expenses incurred in such transactions, up to and including
the finalisation of such transactions shall be payable by the Department and
the family of the deceased employee is not required to reimburse the Department
such expenses.
29.11 Stamp Duty and
Other Charges
A transferred employee, who, as a consequence of the
transfer, sells a residence at the former location and buys a residence or land
upon which to erect a residence at the new location is entitled to be
reimbursed:
29.11.1 Stamp
Duty in respect of the purchase of the residence or the land and the house
erected thereon at the new location;
29.11.2 Stamp
Duty paid in respect of any mortgage entered into or the discharge of a
mortgage in connection with the sale or purchase;
29.11.3 Registration
fees on transfers and mortgages on the residence or the land and the house
erected on the land on the following basis -
29.11.3.1 where
the purchase is completed and the employee enters into occupation of the residence
within 15 months of transfer, the reimbursement of Stamp Duty in full;
29.11.3.2 where
the occupation of the residence purchased or erected is not completed within
fifteen (15) months but is completed within four years of transfer,
reimbursement of Stamp Duty is not to exceed the amount which would have been
payable had the sale and purchase prices of the properties been the amount set
at Item 21 of Table 4 of Part D, in each case.
29.11.4 A
transferred employee who, as a consequence of the transfer to a new location,
does not sell a residence at the former location but buys a residence or land
upon which to erect a residence at a new location, is entitled to be
reimbursed:
29.11.4.1 Stamp
Duty in respect of the purchase of the residence or the land and a house
erected on that land;
29.11.4.2 Stamp
Duty paid on any mortgage entered into in connection with the purchase; and
29.11.4.3 Registration
fees on transfer and mortgages on the residence or the land and a house erected
on the land,
provided the employee enters into occupation of the
residence within fifteen (15) months of transfer to the new location.
29.12 Incidental Costs
29.12.1 A
transferred employee who is entitled to the reimbursement of conveyancing and
other costs for a purchase at the new location prior to the sale of the former
residence is entitled to the reimbursement of any Council or any other Local
Government rates levied in respect of the former residence while such former
residence remains untenanted provided the employee can furnish acceptable
evidence that reasonable efforts are being made to sell the former residence at
a fair market price.
29.12.2 A
transferred employee will be entitled to reimbursement of non-refundable costs
in respect of the connection of gas and electricity supplies and of telephone
installation at the new residence provided that:
29.12.2.1 the
connection of gas and electricity supplies were available to the land at the
time of purchase and/or
29.12.2.2 the
cost of the telephone installation is to be reimbursed only where a telephone
was installed at the former residence.
29.12.3 A
transferred employee entitled to the reimbursement of conveyancing and other
costs is entitled to reimbursement of the cost of survey certificates, pest
certificates and/or Building Society registration fees reasonably incurred in
seeking financial accommodation to purchase the new residence or the land upon
which to erect a new residence and the fees associated with discharging the
mortgage on the former residence.
29.12.4 A
transferred employee shall be entitled to reimbursement for the fees charged by
Australia Post for re-direction of mail for the first month following vacation
of the former residence.
29.13 Relocation on
Retirement
29.13.1 Upon retirement
at a place other than the place of original recruitment to the Department, an
employee is entitled to be reimbursed the costs actually and necessarily
incurred in removing personal household effects to a location of the employee's
choice together with the cost of insuring the same against damage in transit
provided -
29.13.1.1 the
maximum amount of such reimbursement shall be limited to that payable had the
employee moved to the place of original recruitment; and
29.13.1.2 the
employee's relocation is effected within twelve (12) months following
retirement.
29.13.2 The
above provision shall apply to any claims made by the widow or widower within a
period of twelve (12) months of the transferred employee's death. In such cases
the Commissioner will also be prepared to consider claims made by children or
dependent relatives of the deceased in similar circumstances but will require
full particulars as to the reasons.
29.14 Additional
Provisions
29.14.1 Nothing
contained in the provisions of this clause pertaining to leave shall deprive
the employee of compensation for time
spent in travelling.
29.14.2 Where
the spouse of a transferred employee is also employed in the NSW Public Service
and is also transferred, the assistance payable under this clause or under the
Crown Employee's general provisions is to be paid to one partner only. This
does not operate to restrict the leave entitlement of the transferred employee.
29.14.3 An
employee whose appointment to a position may be subject to appeals action shall
not move to the new location until the period during which appeals may be
lodged has expired or all appeals action has been finalised. An employee may be
directed to take up duty in the new location before appeals action is finalised
but will be entitled to the leave provisions set out in this clause, in which
case the following will apply:
29.14.3.1 Where
the employee has dependants they may claim sustenance allowance under Clause
26, Travelling Compensation, until appeals action has been finalised;
29.14.3.2 Employees
with dependants have a further period of up to twenty one (21) days immediately
after all appeals action has been finalised to find suitable accommodation
before such travelling compensation entitlements cease. Such period may be
extended by the Commissioner if the Commissioner is satisfied that twenty one
(21) days is insufficient time to find such accommodation.
29.14.3.3 The
Commissioner shall not approve the movement of the employee's dependants or
furniture and effects before all appeals action has been finalised unless
exceptional or particularly difficult circumstances exist.
29.14.3.4 Employees
without dependants may be given assistance with temporary accommodation pending
the completion of any appeals action but are not to move their furniture and
effects until appeals action has been finalised.
29.15 Adjustment of
Entitlements
29.15.1 The
entitlements provided by this clause, shall be adjusted in line with, and from the
same effective dates, as the corresponding entitlements prescribed in the Crown
Employees (Transferred Officers' Compensation) Award.
30. Rental of Premises
30.1 For the purpose
of this clause only:
30.1.1 "accommodation"
means quarters or premises, including a fire station, owned or leased by the
Department.
30.1.2 "employee"
means a Station Officer or an Inspector.
30.1.3 "market
rental" means the market rental of the property as determined by the
Commissioner in accordance with the Guidelines issued by the PEO.
30.2 Except as
provided for in subclauses 30.3, 30.4 and 30.5, where an employee is required
to and does occupy accommodation, the Department shall deduct from the rate of
pay of the employee concerned an amount per week equal to 5% of the employee's
total weekly rate per week as prescribed in Table 1, Rates of Pay, or 50% of
the market rental of the accommodation, whichever is the lesser.
30.3 Where an
employee was, on 19 August 1994, entitled to and occupying subsidised
accommodation:
30.3.1 Such
employee, subject to subclause 30.3.2, shall continue to pay the amount set at
Item 24 of Table 3 of Part D (as adjusted from time to time in accordance with
30.4) per week unless the employee subsequently elects to move from that
accommodation to different accommodation. If such an employee so elects, then
the Department shall deduct from the rate of pay of the employee concerned an
amount per week as prescribed in subclause 30.2.
30.3.2 And
has exercised, or who has, a right of return transfer pursuant to Clause 30 (i)
of the Fire Brigade Employees' (State) Award as published in NSW Industrial
Gazette Volume 263 of 1991, such employee shall retain the right of return
transfer. Provided that the continued entitlement to subsidised accommodation
shall expire after a period of 2.5 years from the date of return transfer.
30.3.3 And
is transferred by the Department from one country location to another country
location, such employee shall retain the benefits of the provisions of
sub-clause 30.3 as if the employee had not been so transferred.
30.4 The amount set
at Item 24 of Table 3 of Part D, shall be increased from the same date and by
the same percentage of any increase to the rate of pay prescribed for a Station
Officer, Level 1. All such increases
shall be rounded off to the nearest 10 cents.
30.5 Fire-fighters
or employees who have entered into, or subsequently entered into, private
tenancy arrangements with the Department are not entitled to the provisions of
this clause.
31. Protective Clothing and Uniforms
31.1 The Department
shall supply to all employees appropriate protective clothing for operational
duties which shall meet relevant national and/or international Standards or as
otherwise agreed to with the Union.
31.2 Employees supplied
with the above clothing shall wear it in accordance with Departmental
instructions.
31.3 The provision
of wet weather gear shall be in accordance with existing practice, or as
otherwise agreed between the parties.
32. Clothes Drying Facility
32.1 A drying closet
for artificially drying clothing shall be provided by the Department at all
fire stations to which employees are attached.
33. Cleaning of Clothes
33.1 Where any
uniform or wearing apparel is supplied by the Department and is required to be
worn by its employees, and such uniform or wearing apparel 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 Department shall provide laundering in lieu of dry cleaning where an
employee so chooses.
34. Safety Belts
34.1 Safety belts
shall be fitted to all seats on all vehicles operated by the Department which
employees are called upon to drive or to ride upon on a public road.
35. Disputes Avoidance Procedures
35.1 Subject to the
provisions of the Industrial Relations Act 1996, and to enable claims,
issues and disputes to be resolved while work proceeds normally, the following
procedures are to apply.
35.2 Employee(s)
and/or Union representatives will place the matter before the immediate
supervisor. The immediate supervisor will take all reasonable steps to reply to
the employee(s) and/or Union representatives as soon as possible, and will at
least provide a progress report before the close of ordinary business on the
next working day.
35.3 Failing
agreement, employee(s) and/or Union representatives will place the claim, issue
or dispute before the next higher officer in charge of the relevant zone or
region. That officer will take all reasonable steps to reply to the employee(s)
and/or Union representatives as soon as possible, and will at least provide a
progress report before the close of ordinary business on the next working day.
35.4 Failing
agreement, employee(s) and/or Union representatives will place the claim, issue
or dispute before the Director Human Resources. The Director Human Resources
will take all reasonable steps to reply to the employee(s) and/or Union
representatives as soon as possible, and will at least provide a progress
report before the close of ordinary business on the next working day.
35.5 Failing
agreement, employee(s) and/or Union representatives will place the claim, issue
or dispute before the Commissioner. The claim, issue or dispute and all
relevant circumstances relating to it will be fully reviewed by the
Commissioner and the Union and all reasonable steps shall be taken in an
attempt to resolve the matter.
35.6 No action is to
be taken by the Union which would affect the Department's operations whilst a
dispute is under investigation.
35.7 Failing
agreement the claim, issue or dispute may be referred to the appropriate
Industrial Tribunal.
36. Acknowledgment of Applications and Reports
36.1 When an
employee makes an application or a report in writing, to the proper officer,
the employee shall be sent an acknowledgment of its receipt, noting the matter
contained therein.
36.2 The result of
an application shall be communicated to the employee no later than fourteen
days after a decision has been reached. In cases where no decision has been
reached within one month the reason for the delay shall be communicated in
writing, to the employee.
36.3 The provisions
of this clause shall not apply in cases where other procedures are specifically
stipulated (eg, in Standing Orders or In Orders).
37. Procedures Regarding Reports and Charges
37.1 When an
employee is summoned to appear before the employee's Senior Officer or before
the Department on a charge, appeal or formal inquiry, the employee shall be
given particulars in writing of the charge or allegation, if any, against the
employee, at least forty‑eight hours before the hearing of the charge or
appeal or the opening of the said inquiry. The employee shall be allowed access
personally or by a representative duly authorised in writing by the employee,
to all or any of the official papers, correspondence or reports of the
Department relating to the charge, appeal, or subject of the said inquiry.
37.2 The employee
also shall be allowed to give and to call evidence on the employee's own behalf
and to hear all evidence given.
37.3 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.
37.4
37.4.1 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.
37.4.2 If
the employee disagrees with the report, the employee shall be entitled to make
such a notation on the report.
37.4.3 Evidence
that the employee has been shown the report will be by either the employee's
signature thereon, or in accordance with subclause 37.4.4.
37.4.4 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.
37.4.5 Further
to subclause 37.4.4, 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.
37.4.6 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.
37.5 Where the
Department has, for its own purposes, arranged for a transcript to be taken of
proceedings on a charge, appeal or formal inquiry, a copy of such transcript
shall be supplied, free of cost, to the employee concerned if, during the hearing
or at the termination of the proceedings, a request therefore, in writing, is
made by the employee.
37.6 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.
37.7 For the
purposes of this clause "Senior Officer" means the employees' Senior
Officer or an Officer of a higher rank.
38. Drug and Alcohol Protocol
38.1 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.
38.2 Any changes to
the Protocol shall only be by agreement between the Department and the Union.
39. Salary Sacrifice to Superannuation
39.1 For the
purposes of this Clause, "salary" means the rate of pay or salary
prescribed for the employee's classification, respectively, by Clause 6, Rates
of Pay and Allowances, or Clause 41, Salaries of this Award.
39.2 Notwithstanding
the salaries prescribed by Clause 6 or Clause 41 of this Award, an employee may
elect, subject to the agreement of the Department to sacrifice a portion of the
salary payable under Clause 6 or Clause 41 of this Award to additional employer
superannuation contributions. Such election must be made prior to the
commencement of the period of service to which the earnings relate. The amount
sacrificed must not exceed thirty (30) percent of the salary payable under
Clause 6 or Clause 41 of this Award or (30) percent of the currently applicable
superannuable salary, whichever is the lesser. In this Clause,
"superannuable salary" means the employee's salary as notified from
time to time to the New South Wales public sector superannuation trustee
corporations.
39.3 Where the
employee has elected to sacrifice a portion of that payable salary to
additional employer superannuation contributions:
39.3.1 Subject
to Australian Taxation law, the sacrificed portion of salary will reduce the
salary subject to appropriate PAYE (i.e., "Pay As You Earn") taxation
deductions by the amount of that sacrificed portion; and
39.3.2 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 an
employee's salary, shall be calculated by reference to the salary which would
have applied to the employee under Clause 6 or Clause 41 of this Award, in the
absence of any salary sacrifice to superannuation made under this Award.
39.4 The employee
may elect to have the portion of payable salary which is sacrificed to
additional employer superannuation contributions:
39.4.1 paid
into the superannuation scheme established under the First State
Superannuation Act 1992 as optional employer contributions; or
39.4.2 subject
to the Department's agreement, paid into a private sector complying
superannuation scheme as employer superannuation contributions.
39.5 Where an
employee elects to salary sacrifice in terms of subclause 39.4 above, the
Department will pay the sacrificed amount into the relevant superannuation
fund.
39.6 Where the
employee is a member of a superannuation scheme established under:
(a) the Police
Regulation (Superannuation) Act 1906;
(b) the Superannuation
Act 1916;
(c) the State
Authorities Superannuation Act 1987;
(d) the State
Authorities Non-contributory Superannuation Act 1987; or
(e) the First
State Superannuation Act 1992
the employee's Department must ensure that the amount
of any additional employer superannuation contributions specified in subclause
39.2 above is included in the employee's superannuable salary which is notified
to the New South Wales public sector superannuation trustee corporations.
39.7 Where, prior to
electing to sacrifice a portion of his/her salary to superannuation, an
employee had entered into an agreement with the Department to have
superannuation contributions made to a superannuation fund other than a fund
established under legislation listed in subclause 39.6 above, the Department
will continue to base contributions to that fund on the salary payable under
Clause 6 or Clause 41 of this Award to the same extent as applied before the
employee sacrificed portion of that salary to superannuation. This Clause
applies even though the superannuation contributions made by the Department may
be in excess of superannuation guarantee requirements after the salary
sacrifice is implemented.
39. Wage/Salary Packaging Arrangements
39.1 By mutual agreement
with the Public Employment Office (PEO), an employee may, from time to time,
elect to receive:
39.1.1 a
benefit or benefits selected from those approved from time to time by the PEO;
and
39.1.2 a
salary equal to the difference between the wage/salary prescribed for the
employee by clause 6 and clause 41 of this award, and the amount specified by
the PEO from time to time for the benefit provided to or in respect of the
employee in accordance with such agreement.
39.2 The agreement
shall be recorded in writing and shall be known as a Wage/Salary Packaging
Agreement.
39.2.1 A
Wage/Salary Packaging Agreement shall be for a period of up to 24 months,
unless a different period is mutually agreed between the employee and the PEO
at the time of signing the Wage/Salary Packaging Agreement.
39.2.2 The
PEO may vary the range and type of benefits available from time to time
following discussion with Labor Council and the Union. Such variations shall
apply to any existing or future Wage/Salary Packaging Agreement from date of
such variation.
39.2.3 The
PEO will determine from time to time the value of the benefits provided
following discussion with Labor Council and the Union. Such variations shall
apply to any existing or future Wage/Salary Packaging Agreement from the date
of such variation. In this circumstance, the employee may elect to terminate
the Wage/Salary Packaging Agreement immediately.
40. Anti-Discrimination
40.1 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.
40.2 It follows that
in fulfilling their obligations under the Disputes Avoidance Procedures
prescribed by Clause 35 of this Award the parties have obligations to take all
reasonable steps to ensure that the operation of the provisions of this Award
are not directly or indirectly discriminatory in their effects. It will be
consistent with the fulfilment of these obligations for the parties to make
application to vary any provision of the Award which, by its terms or
operation, has a direct or indirect discriminatory effect.
40.3 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.
40.4 Nothing in this
Clause is taken to affect:
40.4.1 any
conduct or act which is specifically exempted from anti-discrimination
legislation;
40.4.2 offering
or providing junior rates of pay to persons under 21 years of age;
40.4.3 any act
or practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
40.4.4 a
party to this Award from pursuing matters of unlawful discrimination in any
State or Federal jurisdiction.
40.5 This Clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this Clause.
PART C
41. Salaries
41.1 The salaries
for Executive Officers are as specified in Table 1 of Part D, Monetary Rates.
41.2 Such salaries
are all incidence rates of pay and include compensation for:
41.2.1 the
way in which ordinary hours are worked in terms of sub-clause 42.1;
41.2.2 the
working of any excess hours;
41.2.3 the
non payment of an annual leave loading; and
41.2.4 the
fact that Executive Officers are not entitled to annual leave in excess of four
weeks per annum.
42. Hours of Work
42.1 Executive
Officers shall work an average of forty ordinary hours per week on a flexible
basis. Such hours to be worked according to the needs of the organisation on
any day of the week or at any time of the day.
43. Appointment to Executive Officer Positions
43.1 Appointment to
the classification of Chief Superintendent Level 2 or Chief Superintendent Level
1 or Superintendent is to be determined solely on the basis of competitive
merit selection and is subject to the occurrence of a vacancy. Selection
Committees shall be constituted in accordance with the Recruitment and
Employment Guidelines and Procedures of the NSW. Public Service.
44. Leave
44.1 General
The entitlements described in subclauses 44.2 to 44.4
inclusive, are brief summaries of the provisions contained under the "PSM
Act", the Regulation made thereunder and the Personnel Handbook and
must be read and applied in conjunction and in accordance with these principal
provisions.
44.1.1 Any
accrued entitlements to leave under the conditions of employment in operation
immediately prior to 5 October 1993, shall, less any of such accrued leave
subsequently taken, be retained by Executive Officers covered by this Award.
44.1.2 Entitlements
to Extended Leave (Long Service Leave) pursuant to the PSM Act shall
take effect on and from 5 October 1993, provided that the total years of
service will count for the determination of entitlements accruing from that
date.
44.2 Recreation
Leave (Annual Leave)
44.2.1 Recreation
leave on full pay accrues at the rate of twenty (20) working days per year.
44.2.2 Recreation
leave accrues from month to month only, but for the purpose of calculating
recreation leave which may be due on the cessation of employment, credit shall
be given for periods of service less than one (1) month.
44.2.3 Recreation
leave may accrue up to a maximum of forty (40) working days. Unless approved
otherwise by the Commissioner, the right to take any accrued recreation leave in excess of forty (40) working days
shall be forfeited.
44.2.4 The
Commissioner may direct an Executive Officer to take such leave as is
convenient to the workings of the Department.
44.2.5 Recreation
leave shall not be taken without the approval of the Commissioner or the
Commissioner's nominee.
44.2.6 Recreation
leave shall not be granted for any period of less than a quarter day or in
other than in multiples of a quarter day.
44.3 Extended Leave
(Long Service Leave)
44.3.1 An
officer is entitled to extended leave, after service of ten (10) years, of two
(2) months on full pay, or four (4) months on half pay.
44.3.2 For service
in excess of ten years, extended leave is calculated proportionate to the
officer's length of service after ten years, calculated on the basis of five
(5) months on full pay, or ten (10) months on half pay, for each ten years
served after service of ten years.
44.3.3 The
entitlements prescribed at subclauses 44.3.1 and 44.3.2 shall be determined in
hours by formulae established in the Personnel Handbook.
44.3.4 Extended
leave shall not be taken without the approval of the Commissioner or the Commissioner's
nominee.
44.4 Sick Leave
44.4.1 Sick
Leave on full pay accumulates at the rate of fifteen (15) days each calendar
year, and any such accrued leave not taken is fully cumulative.
44.5 For the purpose
of this clause "service" means continuous service.
45. General Conditions of Employment
45.1 Except as
otherwise provided for in this Award, Executive Officers shall be entitled to
and shall observe the conditions of employment covering officers employed in
organisations listed in Schedule 1 of the Public Sector Employment and
Management Act 2002 and also as contained in the Regulation made under the PSM
Act and the Personnel Handbook.
46. Relieving Superintendents
46.1 In addition to
the other provisions prescribed by this Award, relieving Superintendents shall
be entitled to receive the following:
46.1.1 Subject
to the operational requirements of the Department, a relieving Superintendent
shall be entitled to return to home base during a relief period for one weekend
for each four consecutive completed weeks of relieving duty;
46.1.2 When
the relieving Superintendent is entitled to return to home base, the relieving
Superintendent may use:
46.1.2.1 a
designated Departmental vehicle; or
46.1.2.2 return
air travel at a cost to the Department no greater than the standard economy
class air fare. Provided that return to home base by air travel will only be
approved in cases where in the opinion of the Department it is more efficient
for the relieving Superintendent to travel by air.
46.2 The entitlement
of return to home base prescribed by subclause 46.1.1, is subject to the
approval of the Chief Superintendent responsible for the Zone in which the
relieving Superintendent is relieving and the ability of emergencies to be
handled by an adjacent Superintendent.
46.3 Apart from the
provisions of this clause, relieving Superintendents returning to home base in
terms of subclause 46.1.1 shall not be entitled to any other provisions,
including travelling time.
47. Rental of Premises
47.1 For the
purposes of this clause "accommodation" and "market rental"
have the same meaning as defined in sub-clauses 30.1.1 and 30.1.3 of Clause 30.
47.2 Except as
provided for in subclause 47.4, where an Executive Officer is required to and
does occupy accommodation, the Department shall deduct from the rate of pay of
the Executive Officer an amount per week equal to 5% of the weekly equivalent
of the Executive Officers' annual salary as prescribed in Table 1 of Part D or
50% of the market rental of the accommodation, whichever is the lesser.
47.3 The weekly
equivalent referred to in subclause 47.2 shall be derived by multiplying the
annual salary by 7 and dividing the result by 365.25.
47.4 An Executive
Officer who has entered into, or subsequently enters into private tenancy
arrangements with the Department is not entitled to the provisions of this
clause.
48. Leave Reserved
Leave is reserved to the parties to apply by agreement for
the variation of the following clauses during the life of this Award:
Clause 16 - Training Course Attendance Entitlements
Clause 17 - Annual Leave
Clause 26 - Travelling Compensation
Clause 29 - Transferred Employees’ Compensation
49. Area, Incidence and Duration
49.1 This Award rescinds
and replaces the Crown Employees (NSW Fire Brigades Fire fighting Staff) Award
2001 published 8 March 2002 (331 I.G. 1093).
49.2 This Award
shall apply to all employees as defined in Clause 4, Definitions, of this Award
and shall take effect on and from the beginning of the first pay period to
commence on or after 24 February 2004, and shall remain in force until 23
February 2005.
PART D
MONETARY RATES
Table 1 - Rates of
Pay effective from the beginning of the first pay period to commence on or
after 24 February 2004 (4% Increase)
Classification
|
Rate of Pay
|
Roster Allowance
|
Total Weekly Rate
|
|
$
|
$
|
$
|
Recruit Fire-fighter
|
780.32
|
0.00
|
780.32
|
Fire-fighter Level 1
|
809.2
|
35.40
|
844.69
|
Fire-fighter Level 2
|
847.75
|
37.09
|
884.84
|
Fire-fighter Level 3
|
886.27
|
38.77
|
925.04
|
Fire-fighter Level 4
|
924.79
|
40.46
|
965.25
|
Qualified Fire-fighter
|
963.37
|
42.15
|
1,005.52
|
Senior Fire-fighter
|
1,001.92
|
43.84
|
1,045.76
|
Leading Fire-fighter
|
1,078.99
|
47.21
|
1,126.20
|
Station Officer Level 1
|
1,156.00
|
50.58
|
1,206.58
|
Station Officer Level 2
|
1,204.24
|
52.69
|
1,256.93
|
Inspector
|
1,432.12
|
62.66
|
1,494.78
|
Superintendent
|
97,895 per annum
|
Chief Superintendent Level 1
|
101,310 per annum
|
Chief Superintendent Level 2
|
105,770 per annum
|
Table 2 - Rates of
Pay effective from the beginning of the first pay period to commence on or
after 24 February 2004 (4% Increase)
Classification
|
Rate
|
|
$
|
Operational Support Level 1
|
1140.90 per week
|
Operational Support Level 2
|
1348.67 per week
|
Operational Support Level 3
|
1639.35 per week
|
Operational Support Level 4
|
98,539 per annum
|
Operational Support Level 5
|
105,771 per annum
|
Table 3 -
Allowances effective from the beginning of the first pay period to commence on
or after 24 February 2004
Item
|
Clause
|
Description
|
Unit
|
Amount
|
1
|
6.6.1
|
Laundry expenses
|
$ per week
|
25.47
|
2
|
6.6.2
|
Stand By
|
$ per km
|
0.83
|
3
|
6.6.3
|
Employee at Broken Hill or Moree
|
$ per week
|
19.99
|
4
|
6.6.4 & 12.4 -
|
Kilometre Allowance (Relieving)
|
$ per km
|
0.83
|
|
12.7
|
|
|
|
5
|
10.2.2
|
Meal Allowance
|
$ per meal
|
19.75
|
6
|
10.2.1 &
|
Refreshment Allowance
|
$ per meal
|
9.90
|
|
10.3.1.2
|
|
|
|
7
|
12.4 - 12.7
|
Relieving Allowance
|
$ per rostered
shift
|
22.12
|
9
|
6.6.6
|
Turntable ladder driving qualifications
|
$ per rostered
shift
|
1.82
|
10
|
6.6.7
|
Turntable ladder driving qualifications/ if called
|
$ per shift
|
5.71
|
|
|
upon to drive
|
|
|
11
|
6.6.8
|
Rescue Monitor qualifications
|
$ per rostered
shift
|
0.45
|
12
|
6.6.9
|
Rescue Monitor qualifications when on duty/in
|
$ per rostered
shift
|
4.67
|
|
|
charge
|
|
|
13
|
6.6.10
|
Hydraulic Platform Appliance - competent to
|
$ per rostered
shift
|
1.61
|
|
|
drive
|
|
|
14
|
6.6.11
|
Hydraulic Platform Appliance - on duty/called
|
$ per rostered
shift
|
5.32
|
|
|
upon to drive
|
|
|
15
|
6.6.12
|
Fire-fighters and Officers, BA/Hazmat Sections
|
$ per rostered
shift
|
24.89
|
16
|
6.6.13
|
Assigned to Hazmat appliance - Berkeley Vale
|
$ per rostered
shift
|
12.45
|
17
|
6.6.14
|
When Fleet Operations Officer, if competent to
|
$ per rostered
shift
|
1.61
|
|
|
drive Hydraulic Platform Appliance
|
|
|
18
|
6.6.15
|
When Fleet Operations Officer, if called upon to
|
$ per rostered
shift
|
5.32
|
|
|
drive Hydraulic Platform Appliance
|
|
|
19
|
6.6.16
|
Use of own vehicle to attend incident whilst off
|
$ per km
|
0.83
|
|
|
duty
|
|
|
20
|
6.6.17
|
Drive Motor
|
$ per rostered
shift
|
3.83
|
21
|
6.6.18
|
Officers/Senior Officers - Country
|
$ per week
|
5.20
|
22
|
6.6.19
|
Rescue Operator - SRB Accredited
|
$ per rostered
shift
|
9.55
|
23
|
9.7
|
Recall Kilometre Allowance
|
$ per km
|
0.83
|
24
|
30.3.1
|
Accommodation contribution
|
$ per week
|
26.40
|
NOTE: The amounts specified per shift or per rostered shift
in Table 3 are based on the 10/14 Roster and use an average of 12 hours per shift.
In cases where employees work an 8 hour shift, the rates shall be
correspondingly reduced by dividing the figures shown by 1.5.
Table 4 -
Travelling / Transferred Employees Compensation Allowances
Item
|
Clause
|
Description
|
Unit
|
24/02/04
|
No
|
|
|
|
Rate
|
1
|
26.6.4 &
|
Specific Journey Rate
|
Cents per
|
|
|
25.2.3 &
|
(Dependent on Engine Capacity)
|
km
|
|
|
29.6.5 &
|
over 2700cc
|
|
27.0
|
|
29.8.1
|
1600 to 2700cc
|
|
25.0
|
|
|
under 1600cc
|
|
21.1
|
2
|
25.2.8.4
|
Stand By Rate
|
$
|
|
|
|
- Periods of less than 24 hours
|
|
10.33
|
|
|
- Periods of more than 24 hours
|
|
15.50
|
3
|
26.1.3
|
Hourly Rate - Travelling Compensation
|
$ per hour
|
30.11
|
|
|
|
|
##
|
^^
|
4
|
26.3.1.1
|
Breakfast
|
$ per meal
|
17.70
|
15.75
|
|
|
|
|
##
|
^^
|
5
|
26.3.1.2
|
Lunch
|
$ per meal
|
19.75
|
18.05
|
|
|
|
|
##
|
^^
|
6
|
26.3.1.3
|
Dinner
|
$ per meal
|
34.05
|
31.15
|
7
|
26.4.1
|
Accommodation first 35 days
|
$ per day
|
|
|
|
(includes all meals)
|
|
|
|
|
- Capital Cities
|
|
|
|
|
Sydney
|
|
238.35
|
|
|
Adelaide
|
|
207.35
|
|
|
Brisbane
|
|
201.35
|
|
|
Canberra
|
|
185.35
|
|
|
Darwin
|
|
202.35
|
|
|
Hobart
|
|
189.35
|
|
|
Melbourne
|
|
235.35
|
|
|
Perth
|
|
202.35
|
|
|
- High Cost Country Centres
|
|
|
|
|
Gold Coast (Qld)
|
|
187.35
|
|
|
Newcastle
|
|
172.35
|
|
|
Wollongong
|
|
170.35
|
|
|
- Tier 2 Country Centres
|
|
|
|
|
Bathurst
|
|
157.80
|
|
|
Gosford
|
|
157.80
|
|
|
Maitland
|
|
157.80
|
|
|
Orange
|
|
157.80
|
|
|
Wagga Wagga
|
|
157.80
|
|
|
- Other Country Centres
|
|
145.80
|
8
|
26.4.2
|
Actual Necessary Expenses
|
$ per day
|
13.85
|
9
|
26.4.3
|
Accommodation - after first 35 days
|
$ per day
|
50% of the
|
|
|
up to 6months
|
|
appropriate
|
|
|
|
|
location rate
|
10
|
26.5
|
Incidental Expenses
|
$ per day
|
13.85
|
Item
|
Clause
|
Description
|
Unit
|
24/02/04
|
No
|
|
|
|
Rate
|
11
|
26.6.5.4 &
|
Official Business Rate (Dependant on Engine
|
Cents per
|
|
|
29.8.4
|
Capacity)
|
km
|
|
|
|
Over 2700cc
|
|
75.9
|
|
|
1600 to 2700cc
|
|
70.6
|
|
|
under 1600cc
|
|
50.6
|
12
|
29.5.1 -
|
Temporary Accommodation
|
$ per week
|
254.00
|
|
29.5.3
|
|
(up to a
|
|
|
|
|
maximum of)
|
|
13
|
29.5.2
|
Board & Lodging expenses to be covered
|
$ per week
|
51.00
|
|
|
by Employee
|
|
|
14
|
29.5.4.1
|
Laundry Allowance - Officer only rate
|
$ per week
|
4.50
|
15
|
29.5.4.2.
|
Laundry Allowance - Officer and Dependants
|
$ per week
|
13.00
|
|
|
rate
|
(actual
|
|
|
|
|
expenses to
|
|
|
|
|
maximum)
|
|
16
|
29.6.2
|
Cost of Insurance of Furniture and Effects in
|
$ (up to a
|
38,000
|
|
|
transit and in Storage
|
maximum of)
|
|
17
|
29.6.3.2
|
Accelerated depreciation of
|
$ (up to a
|
1,126
|
|
|
personal/household effects in transit
|
maximum of)
|
|
18
|
29.6.3.2
|
Value of furnishings and fittings
|
$(up to a
|
7,037
|
|
|
|
maximum of)
|
|
19
|
29.9.2
|
Board & Lodging to be covered by
|
$ per week
|
27.00
|
|
|
parent/guardian
|
|
|
20
|
29.9.2
|
Board & Lodging cost for Dependent staying
|
$ per week
|
56.00
|
|
|
in initial location due to Year 12 subjects
|
|
|
21
|
29.10.6 &
|
Relocation - City to Country
|
$ (up to a
|
417,000
|
|
29.11.3.2
|
for sale of property
|
maximum of)
|
|
Legend:
|
Effective Dates are with effect from the first pay period
to commence on or after the date.
|
## = Capital Cities & High Cost Country Centres -
includes all Capital Cities and Gold Coast (Qld),
|
Newcastle, Wagga Wagga and Wollongong.
|
^^ = Tier 2 Country Centres & Other Country Centres
including Bathurst, Gosford, Orange and all other
|
country centres.
|
Table 5 -
Temporary Accommodation Contribution Allowances
Salary of Officer and
Spouse
|
Per Week
|
Each Dependent
|
|
|
Child 6 years of
age and over
|
Rate of Pay
|
|
(Max. contribution
$54 per week)
|
|
|
Per Week
|
$453.62 and over
|
$164
|
$11
|
J. P. GRAYSON D.P.
____________________
Printed by the
authority of the Industrial Registrar.