CROWN EMPLOYEES (RURAL FIRE SERVICE 2001) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Public
Employment Office.
(No. IRC 4136 of 2001)
|
Before The Honourable
Justice Schmidt
|
26 June 2001
|
interim
AWARD
1. Arrangement
Clause No. Subject Matter
(1) Arrangement
(2) Title
(3) Definitions
(4) Application
(5) Coverage
(6) Statement of Intent
(7) Work Environment
1 Occupational
Health and Safety
2 Equality
in employment
3 Harassment-free
Workplace
(8) Grievance and Dispute Settling Procedures
(9) Local Arrangements
(10) Work Hours Arrangements
4 Background
to work hours arrangements
5 Attendance
and working arrangements
6 Hours
Of Work
7 Agreed
Absences
8 Morning
and Afternoon Tea Breaks
9 Meal
Breaks
10 Notification
of Absence from Duty
11 Public
Holidays
12 Standard
Working Hours
13 Non-Compliance
14 Pro
Rata Provisions for Part time staff
(11) Flexible Work Practices
(12) Travelling Allowances
15 Excess
Travelling Time
16 Waiting
Time
17 Travelling
Allowances - General
18 Meal
Expenses on one way journeys
19 Travelling
Allowances when staying in Non Government Accommodation
20 Travelling
Allowances when staying in Government Accommodation
21 Restrictions
on payment of travelling allowances
22 Increase
or Reduction in Payment of Travelling Allowance
23 Production
of Receipts
24 Travelling
distance
(13) Other Allowances
25 Camping
Allowance
26 Camping
Equipment Allowance
27 Allowance
payable for Use of Private Motor Vehicle
28 Damage
to private motor vehicle used for work
29 Allowance
for living in a remote area
30 Assistance
to Staff Stationed In A Remote Area When Travelling on Recreation Leave
31 Overseas
Travel
32 Exchanges
33 Room
at Home used as Office
34 Semi-Official
Telephones
35 Flying
Allowance
36 Uniforms,
Protective Clothing and their Maintenance
37 Payment
of Laundry Allowance
38 Compensation
for Damage to or Loss of Staff Member’s Private Property
39 Garage
and Carport Allowance
40 Community
Language Allowance Scheme
41 First
Aid Allowance
42 District
Support Staff (Fleet) Allowances
43 On-call
Allowance
44 After
Hours Allowance
45 Annualised
Allowance
46 Review
of Allowances payable in terms of this Award
(14) Association Activities
47 Association
Activities regarded as on duty
48 Association
Activities regarded as Special Leave
49 Association
Training Courses
50 Conditions
applying to On Loan Arrangements
51 Period
of Notice for Association Activities
52 Access
to Facilities by Association Delegates
53 Responsibilities
of the Association Delegate
54 Responsibilities
of the Association
55 Responsibilities
of Workplace Management
56 Right
of Entry
57 Travelling
and Other Costs of Association Delegates
58 Industrial
Action
59 Consultation
and Technological Change
60 Deduction
of Association Membership Fees
(15) Leave
61 General
Provisions
62 Absence
from Work
63 Applying
for Leave
64 Adoption
Leave
65 Extended
Leave
66 Family
and Community Service Leave
67 Leave
Without Pay
68 Maternity
Leave
69 Military
Leave
70 Observance
of Essential Religious or Cultural Obligations
71 Parental
Leave
72 Recreation
Leave
73 Annual
Leave Loading
74 Sick
Leave
75 Sick
Leave - Requirements for Medical Certificate
76 Sick
leave to Care for a Family Member
77 Sick
Leave - Workers' Compensation
78 Sick
Leave - Claims Other Than Workers' Compensation
79 Special
Leave
80 Staff
Personal & Professional Development and Training Activities
81 Study
Assistance
(16) Volunteer Leave
82 Staff
members who are volunteer members
83 Declared
emergencies
84 Proof
of attendance at emergencies
85 Rest
Periods
86 Bush
Fire Fighting Training Courses
87 State
Emergency Service Courses
88 Other
Courses with Volunteer Groups as Listed Above
(17) Shift Work
(18) Overtime
89 Overtime
- General
90 Overtime
Worked by Shift Workers
91 Overtime
Worked by Day Workers
92 Recall
to Duty
93 On
call (Stand-by)
94 Overtime
Meal Breaks
95 Overtime
Meal Allowances
96 Rate
of Payment for Overtime
97 Payment
for Overtime or Leave in Lieu
98 Calculation
of Overtime
99 Review
of Overtime Meal Allowances
100 Provision
of Transport in Conjunction with Working of Overtime
(19) Anti-Discrimination
(20) Communications
(21) Job Evaluation
(22) Appointment
(23) Increments
(24) Future Salary Increases
(25) Salary Sacrifice and Packaging
101 Salary Sacrifice - General
102 Salary Sacrifice to Superannuation
(26) Motor Vehicles
(27) Higher Duties
(28) Part Time Work
(29) Job Share Arrangements
(30) Working From Home
(31) Secondary (Private) Employment
(32) Major Incident Conditions
103 Conditions
104 Payment
Associated With Incidents
105 Family
106 Provision
of Meals and Accommodation whilst Working on Incident
107 "On
call"
(33) Senior Management Positions
(34) Service Support Centre Positions
108 Roster
Details
109 Time
span of each shift
110 Staffing
111 Penalty
rate calculation
112 Calculation
of Average Shift Penalties
113 Annual
Leave and Leave Loading
114 Public
Holidays
115 Additional
Payment for Sundays and Public Holidays
116 Leave
Entitlements
117 Lunch
Roster
118 Opportunities
for Training and Personal Development
119 Restriction
on Taking Leave
120 Casual
Rates for Emergency Replacements
121 Occupational
Health & Safety
(35) District Support Staff/Fleet Positions
122 Training
And Multiskilling
123 Apprentices
(36) Discipline And Conduct Of Officers
(37) Transitional Arrangements
(38) Relationship To Other Awards
(39) Area, Incidence And Duration
(40) Leave Reserved
124 Part
B - Monetary Rates - Table 1 - Allowances
125 Part
B - Schedule A - Salaries
126 Part
B - Schedule B - Annualised Allowance Classifications
127 Part
B - Schedule C - Compensation For Rostered Work
128 Part
B - Schedule D: - Map Showing NSW Remote Area Boundaries
2. Title
This Award shall be known as the Crown Employees (Rural Fire
Service 2001) Award.
3. Definitions
"Accumulation"
means the accrual of leave or time.
In respect of weekly study time "accumulation"
means the aggregation of short periods of weekly study time, which is granted
for private study purposes.
"Act"
means the Public Sector Management Act
1988.
"After Hours
Allowance" means the allowance payable to a staff member for work
undertaken outside of normal hours of duty where the staff member will be
required to be available for contact and immediate response to a call and any
minor follow up work that may result from a call.
"Agreed
Absence" means for the purposes of the Hours of Work Clause in this
Award, a day off each calendar month for staff covered by this clause, to be
taken at a time that is operationally convenient and mutually agreed between
the staff member and supervisor.
"Agreement"
means an agreement referred to in section 64 of the Act, an agreement as
defined in the Industrial Relations Act
1996, or an agreement between the Association and the Rural Fire Service under
this Award.
"Annualised
Allowance" means the way in which regular and/or foreseeable expenses
and/or allowances are annualised by agreement and paid to staff as part of a
fortnightly salary.
"Approved
Course" means a course relevant to the employment of the staff member
in the Rural Fire Service or the Public Service and approved by the
Commissioner.
"Association"
means the Public Service Association and Professional Officers Association
Amalgamated Union of New South Wales.
"Association
Delegate" means an accredited Association delegate responsible for
his/her workplace; and/or a person who is elected by the Association as its
representative, an executive member or a member of the Association's Council.
"Association
Official" means a person who is employed by the Association to carry
out duties of an official in a permanent or temporary capacity, including
elected full-time officials and/or staff members placed on loan to the
Association for an agreed period of time.
"At the
convenience of" means the operational requirements permit the staff
member's release from duty or that satisfactory arrangements are able to be
made for the performance of the staff member's duties during the absence.
"Award"
means an award as defined in the
Industrial Relations Act 1996.
"Birth"
means the birth of a child and includes stillbirth.
"Block
Release" means the process by which staff granted study leave may take
such leave in an agreed manner. This
may include accumulation of study time entitlement and taking the entitlement
in one period.
"Business
Unit" means a section or part of the organisation that has a dedicated
budget and/or corporate goals or objectives that need to be achieved as part of
the overall strategic plan for the Rural Fire Service.
A Business Unit will normally prepare a business plan that
stem from the Rural Fire Service’s corporate and strategic plan.
"Capital City
rate" means the travelling allowance rate applicable within the Sydney
Telephone District or within a corresponding area in the Capital City of
another State or Territory.
"Casual
rate" means the appropriate rate payable in respect of a motor vehicle
maintained by the staff member for private purposes but which the staff member
may elect to use with the approval of the Commissioner for occasional travel on
official business, subject to the allowance paid for such travel not exceeding
the cost of travel by public or other available transport.
"Commissioner"
means the Department Head or Chief Executive Officer of the Rural Fire Service
or a person authorised by the Commissioner through delegated authority.
"Contract hours
for the day" for a full time staff member, means one fifth of the full
time contract hours, as defined in this Award.
For a part time staff member, contract hours for the day
means the hours usually worked on the day.
"Customary"
means long continued and accepted practices, established by custom and
practice.
"Daily
rate" or "Rate per
day" means the rate payable for 24 hours, unless otherwise specified.
"Dependant"
means a partner, husband, wife, child, elderly parent or family member with a
disability.
"Duty
Officer" means a staff member rostered for duty or operating after
hours, as directed by the Commissioner (under the Rural Fires Act), to serve as
coordinator of the Commissioner’s emergency response organisation by receiving
and passing on reports and other information, alerting reserve resources when
necessary, liaising with other organisations involved in emergency response and
performing normal duties as required.
"Expected date
of birth", in relation to a staff member who is pregnant, means a date
specified by her medical practitioner to be the date on which the medical
practitioner expects the staff member to give birth as a result of the
pregnancy.
"Extended
leave" means extended (long service) leave to which a staff member is
entitled under the provisions of Schedule 5 to the Public Sector Management Act 1988, as amended from time to time.
"Family"
means any person referred to in the Family and Community Services leave Clause
in this Award.
"Flexible Work
Practices" means the Flexible Work Practices, Policy and Guidelines as
negotiated in a so titled document between the Public Employment Office, the
Labor Council of New South Wales and affiliated unions which enables staff
members to rearrange their work pattern.
"Full day"
means the standard fulltime contract hours for the day, i.e., seven hours,
except in the case of the SSC staff covered by this Award who work eight hours
on a roster basis.
"Full pay"
or "half pay" means the
staff member's ordinary rate of pay or half the ordinary rate of pay
respectively.
"Full-time
contract hours" means the standard 35-hour week required to be worked
as at the date of this Award.
"Full-time
position" means a position which is occupied, or if not for being vacant,
would be occupied, by a full-time staff member.
"Full-time staff
member" means a staff member whose ordinary hours of duty are
specified in this Award under a job classification.
"Government
accommodation" means accommodation owned, leased or arranged by the
Government where a staff member may reside for a specified period of time.
"Half day"
means half the standard contract hours for the day.
"Headquarters"
means the centre to which a staff member is attached or from which a staff
member is required to operate on a long-term basis.
"Incident"
means an unscheduled activity such as wildfire suppression, flood or storm
relief, search and rescue, cetacean rescue, accident and substance spill
attendance, or as otherwise approved by the Commissioner, but does not include
hazard reductions.
"Incident
Controller" means a staff member who has been appointed by the
Commissioner and is responsible for incident activities including the
development and implementation of strategic decisions and approving the ordering
and releasing of resources.
"Incident
Duties" means all work involved in incidents for which there is Rural
Fire Service participation from when an event is declared an incident, until it
is declared over by the incident controller.
Duties may include the initial reporting, reconnaissance,
organisation of resources, control, mop up, control to completion of incident
duties, and may involve office duties in the organisation and direction of the
emergency response as well as work at the scene.
"Industrial
action" means industrial action as defined in the Industrial Relations Act 1996.
"Job Share
Arrangement" means a voluntary arrangement in which one full-time
position is shared amongst part-time staff members.
Job sharers perform the role of one job and the workload and
performance expectations should be similar to what would be expected if the job
was being performed by one staff member.
"Local
Arrangement" means an agreement reached at the organisational level
between the Commissioner and the Association in terms of the Local Arrangements
clause of this Award.
"Local
Holiday" means a holiday which applies to a particular township or
district of the State and which is not a public holiday throughout the State.
"Major Incident
Conditions" means the conditions that apply in circumstances where an
incident is declared by the Commissioner.
"Memorandum of
Understanding (MOU)" means the document signed as an adjunct to this
Award between the Rural Fire Service, PEO and PSA. The MOU sets out agreements reached and commitments made after
bargaining in good faith by the parties in the making of the Crown Employees
(Rural Fire Service 2001) Award and identifies key areas to be addressed during
the life of the Award. It is to be read
in conjunction with the Award as made by the NSW Industrial Relations
Commission.
The intent of the MOU is to facilitate the establishment and
maintenance of improved and flexible workplace conditions that recognise the
professionalism, dedication and commitment of management, staff and volunteers
in achieving the Rural Fire Services’ goals and objectives and services to the
public of NSW and premised on the basis that there will be no new salaries,
condition or other claims arising from negotiation of productivity and efficiency
improvements covered by this MOU.
"Normal hours of
duty" for a staff member working standard hours means the fixed hours
of duty, with a break for lunch.
For a staff member working under the negotiable Hours of
Work Arrangements means 35 hours per week Monday to Friday averaged over a
12-week attendance-recording period.
"Normal
work", for the purposes of the Grievance and Dispute Settling
Procedures in this Award, means the work carried out in accordance with the
staff member’s position at the location where the staff member was employed, at
the time the grievance or dispute was notified by the staff member.
"Official
business rate" means the appropriate rate of allowance payable for the
use of a private motor vehicle where no other transport is available and such
use is directed by the Commissioner and agreed to by the staff member or where
the staff member is unable to use other transport due to a disability.
"Official
overseas travel" means authorised travel out of Australia by a staff
member where the staff member proceeds overseas on official business.
"On-call
(General)" means, unless already eligible for an on-call allowance
under an annualised arrangement or other industrial instrument, a staff member
shall be entitled to be paid an on call allowance when directed by the Rural
Fire Service to be on call outside the staff member's normal working hours.
"On-call (Major
Incident)" means the requirement for staff, as defined by this Award,
to respond to the Rural Fire Services’ matters while on or off duty without
necessarily returning to their normal place of employment or residence, the
response being necessary to assist in bringing an incident to a satisfactory
conclusion.
This requirement does not include times when such staff
members are on approved annual or long service leave.
"On duty"
means the time required to be worked for the Rural Fire Service.
For the purposes of the Association Activities clause of
this Award, "on duty" means the time off with pay given by the Rural
Fire Service to the accredited Association delegate to enable the delegate to
carry out legitimate Association activities during ordinary work hours without
being required to lodge an application for leave.
"On loan"
means an arrangement between the Rural Fire Service and the Association where a
staff member is given leave of absence from the workplace to take up employment
with the staff member’s Association for a specified period of time during which
the Association is required to reimburse the Rural Fire Service for the staff
member's salary and associated on-costs.
"On special
leave" means the staff member is required to apply for special leave
in order to engage in an activity which attracts the grant of special leave in
the terms of this Award.
"Overtime"
means all time directed to be worked before 7am or after 6pm on a normal
workday between Monday to Friday, or on weekends and Public Holidays at the
direction of the Commissioner.
"Part-time
entitlement", unless otherwise specified in this Award, means pro rata
of the full-time entitlements calculated according to the number of hours a
staff member works in a part-time position or under a part-time work
arrangement.
"Part-time
hours" means the hours which are less than the hours which constitute
full-time work under this Award.
"Part-time
position" means a designated part-time position and, unless otherwise
specified, includes any position which is filled on a part-time basis.
"Part-time staff
member" means a staff member whose ordinary hours of work are specified
under a part-time work agreement or whose contract hours are less than the
full-time hours.
"Personnel
Handbook" means the Personnel Handbook compiled by the Public
Employment Office from legislation, awards, agreements, determinations and
policy guidelines relating to conditions of employment in the NSW Public
Service.
The Handbook does not seek to replace these documents, but
to draw their principal provisions together into a single reference source.
The Personnel Handbook is intended to be a helpful guide to
human resources directors and managers, personnel officers and staff
members. It is not written for jurists
or lawyers and it has no legal status.
In all matters subject to dispute, reference must be made to
source documents such as legislation and industrial instruments. These references are generally included at
the head of each section and may be hyperlinked in electronic editions.
"Public
Employment Office" or "PEO"
means the Public Employment Office established under Division 2A of the Public Sector Management Act 1988.
"Public
Holiday" means a day proclaimed under the Banks and Bank Holidays Act 1912, as a bank or a public holiday.
This definition does not include a Saturday which is such a
holiday by virtue of section 15A of that Act, and 1 August or such other day
that is a bank holiday instead of 1 August.
"Recall to
duty" means those occasions when a staff member is directed to return
to duty outside the staff member’s normal or standard hours.
"Relief
staff" means staff employed on a temporary basis to provide relief in
a position until the return from authorised leave of the substantive occupant
or in a vacant position until it is filled substantively.
"Remote
area" means, for the purpose of - determining the appropriate rate of
living allowance, an area of the State situated on or to the west of a line
starting from the right bank of the Murray River opposite Swan Hill and then
passing through the following towns or localities in the following order,
namely: Conargo, Coleambally, Hay, Rankins Springs, Marsden, Condobolin, Peak
Hill, Nevertire, Gulargambone, Coonabarabran, Wee Waa, Moree, Warialda, Ashford
and Bonshaw, and includes a place situated in any such town or locality;
payment of an allowance towards expenses incurred when travelling on recreation
leave, an area of the State of New South Wales situated to the west of the
144th meridian of longitude or such other area to the west of the 145th
meridian of longitude as determined by the Public Employment Office; and accrual
of additional recreation leave means the Western and Central Division of the
State described as such in the Second Schedule to the Crown Lands Consolidation Act 1913 before its repeal.
(See map attached at Schedule D in Part B to this Award).
"Residence"
in relation to a staff member, means the ordinary and permanent place of abode
of the staff member.
"Secondment"
means an arrangement agreed to by the Commissioner, the staff member and
another public service department, a public sector organisation or a private
sector organisation which enables the staff member to work in such other
organisation for an agreed period of time and under conditions agreed to prior
to the commencement of the period of secondment.
"SERM Act"
means the State Emergency Rescue
Management Act 1989.
"Service"
or "Rural Fire Service"
means the Department of Rural Fire Service as defined in Schedule 1 of the Act
and also referred to as the NSW Rural Fire Service.
"Settlement
period" means the Calender month in which a staff member may take an
agreed absence.
"Shift worker -
Continuous Shifts" means a staff member engaged in work carried out in
continuous shifts throughout the 24 hours of each of at least six consecutive
days without interruption except during breakdown or meal breaks or due to
unavoidable causes beyond the control of the Commissioner.
"Shift worker -
Non-continuous Shifts" means a staff member who is not a "shift
worker - continuous shifts", as defined above.
"Staff"
or "Staff Member" means an
officer or a temporary employee (including District, Head Office, Region and
Service Support Centre) as defined in the Act and, unless otherwise specified
in this Award, includes both full-time and part-time staff.
For the purposes of the Maternity Leave clause of this Award, "staff member" means a
female staff member.
"Staff -
District" means all staff occupying positions transferred from Local
Government to the Rural Fire Service by authority of the Rural Fires Amendment Act 2000 as of 1 July 2001.
District staff under this Award will continue to occupy such
positions at premises provided by Local Government for the effective delivery
of services.
"Staff - Head
Office" means all staff occupying positions at the location where the
Commissioner is based for the purposes of the Rural Fires Act and the Public Sector Management Act 1988.
"Staff -
Region," means all staff occupying positions in designated regional
offices as determined by the Commissioner.
"Staff - Service
Support Centre" means all staff occupying positions in the Rural Fire
Service Support Centre based at Head Office and required to work shift work.
"Standard
hours" are set and regular hours of operation as determined by the
Commissioner from time to time to meet organisational requirements.
"Standby"
means an instruction given by the Commissioner to a staff member to be
available for immediate contact in case of an authorised call-out requiring the
performance of duties.
"Study
leave" means leave without pay granted for courses at any level or for
study tours during which financial assistance may be approved by the
Commissioner, if the activities to be undertaken are considered to be of
relevance or value to the Rural Fire Service.
"Study
Time" means the time allowed off from normal duties on full pay to a
staff member who is studying in a part-time course which is of relevance to the
Rural Fire Service.
"Supervisor"
means the immediate supervisor or manager of the area in which a staff member
is employed or any other staff member authorised by the Commissioner to fulfil
the role of a supervisor or manager, other than a person employed as a
consultant or contractor.
"Temporary work
location" means the place at or from which a staff member temporarily
performs official duty if required to work away from headquarters, or their
normal place of work as applicable.
"Workplace"
means the whole of the organisation or, as the case may be, a branch or section
of the organisation in which the staff member is employed.
"Workplace
Management" means the Commissioner or any other person authorised by
the Commissioner to assume responsibility for the conduct and effective,
efficient and economical management of the functions and activities of the
organisation or part of the organisation.
4. Application
The parties to this Award are the Public Employment Office
(employer of public servants for industrial purposes by authority of the Act),
the NSW Rural Fire Service and the Public Service Association and Professional
Officer’s Association Amalgamated Union of New South Wales.
5. Coverage
The provisions of this Award shall apply to staff employed
by the Rural Fire Service.
6. Statement Of Intent
a) This Award
aims to consolidate in one document all the common conditions of employment of
staff employed in the Rural Fire Service, and to encourage consultative
processes to facilitate, as appropriate, greater flexibility, productivity and
continuous improvement and reforms in the workplace.
b) The Award also
acknowledges the agreement made by the NSW Government and Peak Public Sector
Unions in a Memorandum of Understanding that provides a cooperative and
productive partnership to achieve a coordinated, whole-of-Government approach
to improving service delivery to the people of NSW and enhancing the quality of
life of staff members. This includes
taking a balanced approach to economic, social and environmental impacts of
these initiatives.
The Agreement is premised on the basis that there will
be no new salaries or condition claims arising from negotiation of productivity
and efficiency improvements covered by this agreement.
c) Finally, and
most importantly, the Award was developed to recognise the unique nature of
working with and the management of volunteers that represents the core
responsibility of the Rural Fire Service.
7. Work
Environment
1 Occupational Health and Safety
The parties to this Award are committed to achieving and
maintaining accident-free and healthy workplaces covered by this Award in
accordance with the Occupational Health
and Safety Act 1983 and the Regulations and Codes of Practice made under
the Act by:
a) development of
policies and guidelines as and when appropriate on Occupational Health, Safety
and Rehabilitation;
b) consultative
mechanisms and structures established to identify and introduce safe systems of
work, safe work practices and working environments;
c) development
of strategies to assist rehabilitation of injured staff members; and
d) identifying
training strategies for Rural Fire Service members, as appropriate, to assist
in the recognition, elimination or control of workplace hazards and the
prevention of work related injury and illness.
2 Equality in employment
The Rural Fire Service is committed to the achievement of
equality in employment and the Award has been drafted to reflect this
commitment.
3 Harassment-free Workplace
a) Harassment on
the grounds of sex, race, marital status, physical or mental disability, sexual
preference, transgender, age, carer responsibility or any other basis in terms
of the Anti-Discrimination Act 1977
is unlawful.
b) Management and
staff at the Rural Fire Service and the Association, shall refrain from, or be
a party to, any form of harassment in the workplace.
8. Grievance
and Dispute Settling Procedures
a) All grievances and disputes relating to
the provisions of this Award shall initially be dealt with as close to the
source as possible, with graduated steps for further attempts at resolution at
higher levels of authority within the Rural Fire Service, if required.
b) A staff member is required to notify in
writing their immediate Supervisor (unless the grievance is with an immediate
Supervisor in which case the notification may be made to the next level of
management) as to the substance of the grievance, dispute or difficulty, requesting
a meeting to discuss the matter, and if possible, state the remedy sought.
c) The immediate Supervisor shall convene
a meeting in order to resolve the grievance, dispute or difficulty within two
(2) working days, or as soon as practicable, of the matter being brought to
attention.
d) If the matter remains unresolved with
the immediate Supervisor, the staff member may request to meet the appropriate
person at the next level of management in order to resolve the matter.
e) The person at the next level of
management shall respond within two (2) working days, or as soon as
practicable.
f) The staff member may pursue this
sequence of reference to successive levels of management until the matter is
referred to the Commissioner.
g) The Commissioner may refer the matter
to the PEO for consideration.
h) Either party may request a mutually
agreed mediator to assist in the resolution of the matter.
i) If the matter remains unresolved, the
Commissioner shall provide a written response to the staff member and any other
party involved in the grievance, dispute or difficulty, concerning action to be
taken, or the reason for not taking action, in relation to the matter.
j) A staff member, at any stage, may
request to be represented by their Association or agent.
k) The staff member or the Association or
agent on their behalf or the Commissioner may refer the matter to the New South
Wales Industrial Relations Commission if the matter is unresolved following the
use of these procedures.
l) The staff member, Association, Agent,
Rural Fire Service and PEO shall agree to be bound by any order or
determination by the New South Wales Industrial Relations Commission in
relation to the dispute.
m) Whilst the procedures outlined in
subclauses a) to l) of this clause are being followed, normal work undertaken
prior to notification of the dispute or difficulty shall continue unless
otherwise agreed between the parties, or, in the case involving occupational
health and safety, if practicable, normal work shall proceed in a manner which
avoids any risk to the health and safety of any staff member or member of the
public.
9. Local
Arrangements
a) Local arrangements may be negotiated
between the Commissioner and the Association in respect of the whole Rural Fire
Service or part of the Rural Fire Service.
b) All local arrangements or variations
negotiated between the Commissioner and the Association must be:
(1) approved by the PEO; and
(2) contained in a formal document, such as
a co-lateral agreement, a memorandum of understanding, an award, an enterprise
agreement or other industrial instrument.
c) Subject to the provisions of subclause
(b) of this clause, nothing in this clause shall prevent the negotiation of
local arrangements between the Commissioner and the Association in respect of
the provisions contained in the Flexible Work Practices clause of this Award,
where the conditions of employment of any group are such that the application
of the work hours arrangements would not be practicable.
10. Work
Hours Arrangements
4 Background to work hours arrangements
(a) The
arrangements set out in this Clause are those that apply to all categories of
staff covered by this Award unless otherwise specified by the Commissioner in
accordance with this clause.
(b) The
work hours scheme is based on a high level of trust and mutual respect between
management and staff and is designed to build on and maximise the level of
positive communication and understanding between management and staff.
(c) Management
and staff agree that achievement of Corporate Goals, meeting deadlines,
provision of client services and completion of tasks in accordance with
commitments is the business of the Rural Fire Service.
(d) The
work hours scheme is designed to provide a professional approach to the conduct
of the Rural Fire Service as a business with a substantial volunteer base, with
a balance between working life and private life for each staff member and
typified by "a fair day’s pay for a fair day’s work".
5 Attendance and working arrangements
(a) There
are no fixed rules regarding attendance times or days and subsequently, there
is no requirement upon individuals to maintain any formal record of hours
worked.
Staff, may however choose to keep their own
personal record or diary of hours worked to ensure the provisions of the Industrial Relations Act 1996 as defined
in this clause are complied with.
(b) Within
the parameters of this clause, staff covered by this arrangement may reach
mutual agreement with their supervisor regarding hours of work.
(c) Such
working hours need to be sufficient to satisfy the working requirements of the
Business Unit in accordance with agreed performance criteria.
(d) On
a Business Unit basis, a daily register of staff attendance is to be
maintained.
(e) This
register will also serve as the Monthly Leave Return required for auditing
purposes to confirm attendance of staff at work.
6 Hours Of Work
(a) Notionally
staff will work a 35-hour week worked any time from Monday to Sunday.
(b) The
normal working week shall be Monday to Friday with standard office hours from
9.00am to 5.00pm.
(c) The
bandwidth for working the 35 hours will normally be between 7am and 7pm. unless
otherwise agreed.
(d) The
Rural Fire Service shall take appropriate measures to comply with the provisions
of the Industrial Relations Act 1996
which require that the ordinary hours of employment of staff shall not exceed a
maximum of 35 hours per week, averaged over a 12 week period.
(e) Under
this clause, staff shall attend their place of employment for sufficient hours
to perform their duties and to service Business Unit clients. The duties are those as defined in the
approved Position Description for the job and the agreed performance management
criteria for the position staff are appointed to or in which they are acting.
(f) A
settlement period shall be each Calender month for the purposes of the taking
or accumulation of an agreed absence as defined in this clause (commencing from
July 2001 or the first full Calender month thereafter the making of this
Award).
(g) Local
arrangements between staff and supervisors will be aimed at achieving the key
result areas for each position in compliance with the Corporate Plan and the
corresponding Business Plan for each Unit.
7 Agreed Absences
(a) Every
staff member covered by this arrangement in the Award shall be entitled to one
day off per Calender month every Calender year (except staff on standard hours)
in recognition of the hours worked and professional commitment to the
organisation.
(b) The
day to be absent from work shall be referred to as an "agreed
absence" and shall be taken by agreement between the staff member and his
or her Supervisor.
(c) By
agreement, and at the convenience of the Rural Fire Service, more flexible
arrangements in relation to agreed absences may be made between staff and
supervisors on a local basis to meet personal and business requirements.
(d) To
meet either unforeseen circumstances or regular deadlines such as end of
financial year accounts processing, staff and supervisors may agree that staff
may postpone an agreed absence for one or more months.
(e) The
taking of postponed agreed absences is a matter for local arrangement between
the staff member and his or her supervisor.
(f) Subject
to agreement, up to 5 agreed absences may be conserved by a staff member during
any one Calender year, during which time:
(1) conserved
days may be taken, subject to arrangement with the supervisor; or
(2) up
to five (5) agreed absences may be "cashed in" at the staff member’s
ordinary salary rate of pay.
(3) conserved
days in excess of five (5) at the end of each Calender year will be forfeited
unless the Commissioner approves otherwise.
8 Morning and Afternoon
Tea Breaks
(a) Staff members may take a 10-minute
morning break, provided that the discharge of public business is not affected
and, where practicable, they do so out of the view of the public contact areas.
(b) Staff members may also take a 10-minute
afternoon break, subject to the same conditions as apply to the morning break.
9 Meal Breaks
(a) Meal breaks must be given to and taken
by staff members.
(b) No staff member shall be required to
work continuously for more than 5 hours without a meal break, provided that:
(1) where the prescribed break is more than
30 minutes, the break may be reduced to not less than 30 minutes if the staff
member agrees. If the staff member requests to reduce the break to not less
than 30 minutes, the reduction must be operationally convenient; and
(2) where the nature of the work of a staff
member or a group of staff members is such that it is not possible for a meal
break to be taken after not more than 5 hours, local arrangements may be
negotiated between the Commissioner and the Association to provide for payment
of a penalty.
10 Notification of Absence from Duty
(a) The Commissioner shall ensure that all
staff members employed in the Rural Fire Service are fully informed of their
rights, responsibilities and obligations under this clause.
(b) If a staff member is to be absent from duty,
other than on authorised leave, the staff member must notify the supervisor, or
must arrange for the supervisor to be notified, as soon as possible, of the
reason for the absence.
(c) If a staff member is absent from duty
without authorised leave and does not provide an explanation of the absence to
the satisfaction of the Commissioner, the amount representing the period of
absence shall be deducted from the staff member's pay.
11 Public Holidays
(a) Unless directed to attend for duty by
the Commissioner, a staff member is entitled to be absent from duty on any day
which is:
(1) a public holiday throughout the State;
or
(2) a local holiday in that part of the
State at or from which the staff member performs duty; or
(3) a day between Boxing Day and New Year's
Day determined by the Commissioner as a public service holiday.
(b) A staff member, who is required by the
Commissioner to work on a local holiday may be granted time off in lieu on an
hour for hour basis for the time worked on a local holiday.
(c) If a local holiday falls during a staff
member's absence on leave, the staff member is not to be credited with the
holiday.
12 Standard Working Hours
Notwithstanding
the provisions of this clause, the Commissioner may determine or direct that standard
hours or restrictions to the work hours scheme be worked in particular
circumstances. These circumstances may
include, but are not limited to:
(a) where the work to be done cannot
accommodate the flexibilities of this Clause due to the operational
requirements of the Rural Fire Service or a particular section of the Rural
Fire Service, or
(b) remedial action in respect of a staff
member is being taken where the staff member has been found to have
deliberately and persistently breached or abused the operation of the work
hours scheme.
13 Non-compliance
In the event of any persistent failure by a
staff member to comply with work hours arrangements, the Commissioner shall
investigate such non-compliance as soon as it comes to notice and shall take appropriate
remedial action according to Appendix C of the Premier’s Department Performance
Management Policy and Guidelines December 1998.
14 Pro
Rata Provisions for Part time staff
Where
appropriate, the provisions of this clause shall apply to part-time staff on a
pro-rata basis.
11. Flexible
Work Practices
a) Nothing in this Award shall affect the
hours of duty of a staff member who is covered by a written flexible working
hours agreement negotiated under a Flexible Work Practices, Policy and Guidelines.
b) Flexible working hours agreements
negotiated in terms of the NSW Government Flexible Work Practices, Policy and
Guidelines after the effective date of this Award shall be subject to the
conditions specified in this Award and in consultation with the Association.
12. Travelling
Allowances
15 Excess
Travelling Time
a) A staff member directed by the
Commissioner to travel on official business outside the usual hours of duty is
entitled to apply and to be compensated for such time either by:
(1) payment calculated in accordance with
the provisions contained in this clause; or
(2) taking equivalent time off in lieu to be
granted for excess time spent in travelling on official business (subject to
operational convenience).
b) Compensation under paragraphs (1) or
(2) of this subclause, shall be subject to the following conditions:
(1) on a non-working day --- all time spent
travelling on official business;
(2) on a working day --- subject to the
provisions of subclause (e) of this clause, all additional time spent
travelling before or after the staff member's normal hours of duty.
provided
the period for which compensation is being sought is more than a half an hour
on any one-day.
c) No compensation for travelling time
shall be given in respect of travel between 11.00p.m. on any one day and
7.30a.m. on the following day where the staff member has travelled overnight
and sleeping facilities have been provided for the staff member.
d) Compensation for travelling time shall
be granted only in respect of the time that might reasonably have been taken by
the use of the most practical and economic means of transport.
e) Compensation for excess travelling time
shall exclude the following:
(1) time normally taken for the periodic
journey from home to headquarters and return;
(2) any periods of excess travel of less
than 30 minutes on any one day;
(3) travel to new headquarters on permanent
transfer, if special leave has been granted for the day or days on which travel
is to be undertaken;
(4) time from 11.00p.m. on one day to 7.30a
m. on the following day if sleeping facilities have been provided.
(5) travel not undertaken by the most
practical available route;
(6) any travel undertaken by a member of
staff whose salary includes an "all incidents of employment"
component;
(7) travel overseas.
f) Rate of Payment: Payment for
travelling time calculated in terms of this clause shall be at the staff
member’s ordinary rate of pay on an hourly basis calculated as follows:
|
Annual salary
|
x
|
5
|
x
|
1
|
|
1
|
|
260.89
|
|
Normal
hours of work
|
g) The rate of payment for travel or
waiting time on a non-working day shall be the same as that applying to a
working day.
h) Staff members whose salary is in excess
of the maximum rate for the equivalent of RFS Officer Level 6 shall be paid
travelling time or waiting time calculated at the maximum rate for RFS Officer
Level 6 plus $1.00 per annum, as adjusted from time to time.
i) Time off in lieu or payment for excess
travelling time or waiting time will not be granted or made for more than eight
hours in any period of 24 consecutive hours (unless there are exceptional
circumstances approved by the Commissioner).
16 Waiting Time
When
a staff member travelling on official business is required to wait for
transport in order to commence a journey to another location or to return home
or headquarters and such time is outside the normal hours of duty, the waiting
time shall be treated and compensated for in the same manner as excess
travelling time pursuant to the Excess Travelling Time clause in this Award.
17 Travelling
Allowances - General
a) The Commissioner shall require staff
members to obtain an authorisation for all official travel prior to incurring
any travel expense.
b) Any authorised official travel and
associated expenses, properly and reasonably incurred by a staff member
required to perform duty at a location other than their normal headquarters
shall be met by the Rural Fire Service.
c) Where available at a particular centre
or location, the overnight accommodation to be occupied by staff members who
travel on official business shall be the middle of the range standard, referred
to generally as three star or three-diamond standard of accommodation.
d) Where payment of a proportionate amount
of an allowance applies in terms of this clause, the amount payable shall be
the appropriate proportion of the daily rate. Any fraction of an hour shall be
rounded off to the nearest half-hour.
18 Meal Expenses on one way journeys
A
staff member who is authorised by the Commissioner to undertake a one day
journey on official business which does not require the staff member to obtain
overnight accommodation, shall be paid the appropriate rate of allowance set
out in Item 1 of Table 1 - Allowances of Part B Monetary Rates for:
(1) breakfast when required to commence
travel at or before 6.00 a.m. and at least 1 hour before the prescribed
starting time;
(2) an evening meal when required to travel
until or beyond 6.30 p.m.; and
(3) lunch when required to travel a total
distance on the day of at least 100 kilometres and, as a result, is located at
a distance of at least 50 kilometres from the staff member’s normal
headquarters at the time of taking the normal lunch break.
19 Travelling Allowances when staying in
Non Government Accommodation
(1) A staff member who is required by the
Commissioner to work from a temporary work location shall be compensated for
accommodation, meal and incidental expenses properly and reasonably incurred
during the time actually spent away from the staff member's residence in order
to perform the work.
(2) For the first 35 days, the payment shall
be either:
(a) the appropriate rate of allowance
specified in Item 2 of Table 1 -
Allowances of Part B Monetary Rates for every period of 24 hours absence by the
staff member’ from their residence; and actual meal expenses properly and
reasonably incurred (excluding morning and afternoon teas) for any residual
part day travel; OR
(b) if the staff member elects, actual
expenses, properly and reasonably incurred for the whole trip on official
business (excluding morning and afternoon teas) together with an incidental
expenses allowance set out in Item 2 of Table 1 - Allowances of Part B Monetary
Rates.
(3) Payment of the appropriate allowance for
an absence of less than 24 hours may be made only where the staff member
satisfies the Commissioner that, despite the period of absence being of less
than 24 hours’ duration, expenditure for accommodation and three meals has been
incurred.
(4) Where a staff member is unable to so
satisfy the Commissioner, the allowance payable for part days of travel shall
be limited to the expenses incurred during such part day travel.
(5) After the first 35 days ---- If a staff
member is required by the Commissioner to work in the same temporary work
location for more than 35 days, such staff member shall be paid the appropriate
rate of allowance as specified in Item 2 of Table 1- Allowances of Part B
Monetary Rates.
(6) Long term arrangements ---- As an alternative
to the provisions after the first 35 days set out in subparagraph (5) above,
the Rural Fire Service could make alternative arrangements for meeting the
additional living expenses, properly and reasonably incurred by a staff member
working from a temporary work location.
(7) The return of a staff member to their
home at weekends, on rostered days off or during short periods of leave while
working from a temporary work location shall not constitute a break in the
temporary work arrangement.
20 Travelling Allowances when staying in
Government Accommodation
a) When a staff member working from a
temporary work location is provided with accommodation by the Government, the
staff member shall be entitled to claim the incidental expenses allowance set out
in Item 3 of Table 1 - Allowances of Part B Monetary Rates for the same period.
b) If meals are not provided by the
Government at the temporary work location, the staff member shall be entitled
to claim also the reimbursement of any meal expenses properly and reasonably
incurred during the time spent at the temporary work location.
21 Restrictions on payment of travelling
allowances
An
allowance under the Travelling Allowance when staying in Non Government
Accommodation clause or Travelling Allowances when staying in Government
Accommodation clause is not payable in respect of:
(1) any period during which the staff member
returns to their residence at weekends or public holidays, commencing with the
time of arrival at that residence and ending at the time of departure from the
residence;
(2) any period of leave, except with the
approval of the Commissioner or as otherwise provided by this subclause; or
(3) any other period during which the staff
member is absent from the staff member's temporary work location otherwise than
on official duty.
(4) Notwithstanding subclauses (1), (2) or
(3) of this clause, a staff member in receipt of an allowance under the
Travelling Allowance when staying in Non Government Accommodation clause or
Travelling Allowances when staying in Government Accommodation clause of this
Award who is granted special leave to return to their residence at a weekend,
shall be entitled to an allowance under the Travelling Allowance when staying
in Non Government Accommodation clause in respect of the necessary period of
travel for the journey from the temporary work location to the staff member's
residence; and for the return journey from the staff member's residence to the
temporary work location, but is not entitled to any allowance under this
subclause, or any other allowance, in respect of the same period.
(5) Notwithstanding subclauses (1), (2) or
(3) of this clause, a staff member in receipt of an allowance under this
subclause who, on ceasing to perform duty at or from a temporary work location,
leaves that location shall be entitled to an allowance in accordance with the
Travelling Allowance when staying in Non Government Accommodation clause of
this Award in respect of the necessary period of travel to return to the staff
member's residence or to take up duty at another temporary work location, but
is not entitled to any other allowance in respect of the same period.
22 Increase or reduction in payment of
travelling allowance
Where the Commissioner is satisfied that a
travelling allowance is:
(1) insufficient to adequately reimburse the
staff member for expenses properly and reasonably incurred, a further amount
may be paid to reimburse the staff member for the additional expenses incurred;
or
(2) in excess of the amount which would
adequately reimburse the staff member for expenses properly and reasonably
incurred, the Commissioner may reduce the allowance to an amount which would
reimburse the staff member for expenses incurred properly and reasonably.
23 Production of Receipts
Payment
of any actual expenses shall be subject to the production of receipts, unless
the Commissioner is prepared to accept other evidence from the staff member.
24 Travelling distance
a) The need to obtain overnight
accommodation shall be determined by the Commissioner having regard to the
safety of the staff member or members travelling on official business and local
conditions applicable in the area.
b) Where staff members are required to
attend conferences or seminars which involve evening sessions or staff members
are required to make an early start at work in a location away from their
normal workplace, overnight accommodation shall be appropriately granted by the
Commissioner.
13. Other
Allowances
25 Camping Allowance
a) Except as provided in an Award,
Agreement or Determination, payment of the camping allowance applies to a staff
member who is:
(1) in receipt of a camping equipment
allowance under subclause (d) of this clause; or
(2) provided with camping equipment by the
Rural Fire Service; or
(3) reimbursed by the Rural Fire Service for
the cost of hiring camping equipment.
b) When required to camp in connection
with the performance of official duties, a staff member shall be paid an
allowance for the expenses incurred in camping as follows:
(1) the daily rate specified in Item 4 of
Table 1- Allowances of Part B Monetary Rates for all expenses; and
(2) where required to camp for more than 40
nights in any calendar year - that daily rate plus the additional rate for that
year as specified in Item 4 of Table 1 - Allowances of Part B Monetary Rates.
c) Where the Commissioner is satisfied
that it was not reasonable in the circumstances for the staff member to camp, a
staff member who is entitled to camping allowance shall be paid an appropriate
allowance under subclause 2 of this clause instead of the camping allowance.
d) A staff member who is paid a remote
areas allowance under this Award is entitled to continue to receive that
allowance while receiving a camping allowance.
26 Camping
Equipment Allowance
a) In this clause, "camping
equipment" includes instrument and travelling equipment.
b) A staff member who provides camping
equipment required for the performance of official duties shall be paid a
camping equipment allowance at the rate specified in Item 7 of Table 1 of Part
B Rates for the expense of providing the equipment.
c) A staff member who provides own bedding
and sleeping bag while camping on official business, shall be paid an
additional allowance at the rate specified in Item 7 of Table 1 - Allowances of
Part B Monetary Rates.
27 Allowance
payable for Use of Private Motor Vehicle
a) The Commissioner may authorise a staff
member to use a private motor vehicle for work where:
(1) such use will result in greater
efficiency or involve the Rural Fire Service in less expense than if travel
were undertaken by other means; or
(2) where the staff member is unable to use
other means of transport due to a disability.
b) There shall be different classes of
allowance payable for the use of a private motor vehicle for work. The appropriate rate of the "casual
rate" of allowance or the "official business rate" of allowance,
as defined in the Definitions clause of this Award, shall be paid depending on
the circumstances and the purpose for which the vehicle is used.
c) The staff member must have in force in
respect of a motor vehicle used for work, in addition to any policy required to
be effected or maintained under the Motor Vehicles (Third Party Insurance) Act, 1942, a comprehensive motor vehicle
insurance policy to an amount and in a form approved by the Commissioner.
d) A staff member who, with the approval
of the Commissioner, uses a private motor vehicle for work shall be paid an
appropriate rate of allowance specified in Item 6 of Table 1 - Allowances of
Part B Monetary Rates for the use of such private motor vehicle.
e) Expenses such as tolls etc. shall be
refunded to staff members where the charge was incurred during approved work
related travel.
f) Where a staff member tows a trailer or
horse-float during travel resulting from approved work activities while using a
private vehicle, the staff member shall be entitled to an additional allowance
as prescribed in Item 6 of Table 1- Allowances of Part B Monetary Rates.
g) Except as otherwise specified in this
Award, a staff member shall bear the cost of ordinary daily travel by private
motor vehicle between the staff member's residence and headquarters.
28 Damage to private motor
vehicle used for work
a) Where a private vehicle is damaged
while being used for work, any normal excess insurance charges prescribed by
the insurer shall be reimbursed by the Rural Fire Service, provided:
(1) the damage is not due to gross
negligence by the staff member; and
(2) the charges claimed by the staff member
are not the charges prescribed by the insurer as punitive excess charges.
b) Provided the damage is not the fault of
the staff member, the Rural Fire Service shall reimburse to a staff member the
costs of repairs to a broken windscreen, if the staff member can demonstrate
that:
(1) the damage was sustained on approved
work activities; and
(2) the costs cannot be met under the
insurance policy due to excess clauses.
29 Allowance
for living in a remote area
a) A staff member shall be paid an
allowance for the increased cost of living and the climatic conditions in a
remote area, if:
(1) indefinitely stationed and living in a
remote area as defined in the Definitions clause of this Award; or
(2) not indefinitely stationed in a remote area
but because of the difficulty in obtaining suitable accommodation compelled to
live in a remote area as defined in the Definitions clause of this Award.
b) Grade of appropriate allowance payable
under this subclause shall be determined as follows:
(1) Grade A allowances --- the appropriate
rate shown as Grade A in Item 8 of Table 1- Allowances of Part B Monetary Rates
in respect of all locations in a remote area, as defined in the Definitions
clause of this Award, except as specified in paragraphs (2) and (3) of this
subclause;
(2) Grade B allowances --- the appropriate
rate shown as Grade B in Item 8 of Table 1 - Allowances of Part B Monetary
Rates; in respect of the towns and localities of Angledool, Barringun, Bourke,
Brewarrina, Clare, Enngonia, Goodooga, Ivanhoe, Lake Mungo, Lightning Ridge,
Louth, Mungindi, Pooncarie, Redbank, Walgett, Wanaaring, Weilmoringle, White
Cliffs, Wilcannia and Willandra;
(3) Grade C allowances --- the appropriate
rate shown as Grade C in Item 8 of Table 1 - Allowances of Part B Monetary
Rates in respect of the localities of Fort Grey, Mutawintji, Mount Wood,
Nicoleche, Olive Downs, Tibooburra and Yethong.
30 Assistance to staff stationed in a
remote area when travelling on recreation leave
A
staff member who:
(1) is indefinitely stationed in a remote
area as defined in the Definitions clause of this Award; and
(2) proceeds on recreation leave to any
place which is at least 480 kilometres by the nearest practicable route from
the staff member's work location in that area,
shall
be paid an allowance once in any period of 12 months at the appropriate rate
shown in Item 9 of Table 1 - Allowances of Part B Monetary Rates for the
additional costs of travel.
31 Overseas
travel
Unless
the Commissioner determines that a staff member shall be paid travelling rates
especially determined for the occasion, a staff member required by the Rural
Fire Service to travel overseas on official business, shall be paid the
appropriate overseas travelling allowance rates as specified in Premier’s
Department Circular No. 2000-25 until such time as the circular is withdrawn or
replaced.
32 Exchanges
a) The Commissioner may arrange two way or
one way exchanges with other organisations both public and private, if the
Rural Fire Service or the staff member will benefit from additional training
and development which is intended to be used in the carrying out of the Rural
Fire Service's business.
b) The conditions applicable to those
staff members who participate in exchanges will be determined by the
Commissioner in consultation with the staff member according to the individual
circumstances in each case.
c) The provisions of this subclause do not
apply to the loan of services of staff members to the Association. The
provisions of the Conditions Applying to On Loan Arrangements clause in this
Award apply to staff members who are loaned to the Association.
d) All arrangements for exchanges are to
be approved by the Commissioner prior to the actual exchange.
33 Room
at Home used as Office
a) Where no office is provided in a
particular location:
Where
it is impractical to provide an office in a particular location, staff members
stationed in such a location may be required to use a spare room at their home
as an office. In such cases, the Rural
Fire Service will be responsible for providing furniture, telephone and other
equipment, as required.
In
addition, an allowance as specified in Item 12 of Table 1 - Allowances of Part
B Monetary Rates is payable for using a room at home as an office.
b) Where an office exists in a particular
location:
Where
an office or offices already exist in a particular location but the staff
member and the supervisor agree that the staff member could work from home on a
short term or longer term basis, the arrangement shall be negotiated in
accordance with the provisions of the Flexible Work Practices, Policy and
Guidelines.
c) Requirements:
Arrangements
under subclause (a) or (b) of this clause shall be subject to:
(1) a formal agreement being reached in
respect of the hours to be worked; and
(2) the occupational health and safety,
provision of equipment requirements and any other relevant conditions
specified
in Part 2, Section 7 Working from Home in the Flexible Work Practices, Policy
and Guidelines.
34 Semi-official
Telephones
a) Reimbursement of expenses associated
with a private telephone service installed at the residence of a staff member
shall be made as specified in this subclause if the staff member is required to
be contacted or is required to contact others in connection with the duties of
his/her position in the Rural Fire Service, as and when required.
b) The service must be located in the
staff member's principal place of residence and its telephone number
communicated to all persons entitled to have out of hours contact with the
staff member.
c) The semi-official telephone allowance
applies to staff who are required, as part of their duties to:
(1) give decisions, supply information or
provide emergency services; and/or
(2) be available for reasons of safety or
security for contact by the public outside of normal office hours.
d) Unless better provisions already apply
to a staff member or a staff member has been provided with an official
telephone, reimbursement of expenses under this clause shall be limited to the
following:
(1) the connection fee for a telephone
service, if the service is not already available at the staff member's
principal place of residence;
2) the full annual base rental charged for
the telephone service regardless of whether any official calls have been made
during the period; and
(3) the full cost of official local, STD and
ISD calls.
e) To be eligible for reimbursement, staff
must submit their telephone account and a statement showing details of all
official calls, including:
(1) date, time, length of call and estimated
cost;
(2) name and phone number of the person to
whom call was made; and
(3) reason for the call.
35 Flying
Allowance
a) Staff members, other than those
employed to fly aircraft, shall be paid an allowance as specified in Item 14 of
Table 1 - Allowances of Part B Monetary Rates when required to work from an in
flight situation.
b) The flying allowance payable under this
clause shall be paid in addition to any other entitlement for the time actually
spent working in the aircraft.
c) This allowance is not payable for staff
commuting from one point to another nor is it payable where the work to be
undertaken is not authorised.
36 Uniforms,
Protective Clothing and their Maintenance
This
clause only applies where a staff member is not already eligible for an
allowance under another industrial instrument or an annualised allowance under
this Award.
a) Uniform, etc. provided by the Rural
Fire Service:
A
staff member who is required or authorised by the Commissioner to wear a
uniform, protective clothing or other specialised clothing in connection with
the performance of official duties shall be provided by the Rural Fire Service
with such clothing and, except as specified in the Payment of Laundry Allowance
clause of this Award, shall be paid an allowance at the rate specified in Item
15 of Table 1 - Allowances of Part B Monetary Rates for laundering the uniform
or protective clothing.
b) Uniform, etc. provided by the staff
member:
Subject
to prior approval, where the uniform, protective clothing or other specialised
clothing is provided by the staff member, such staff member shall be reimbursed
the cost of the uniform, protective clothing or other specialised clothing.
37 Payment of laundry allowance
a) Unless the staff member is entitled to
receive a laundry allowance under another industrial instrument, the staff
member to whom the provisions of this clause apply, shall be paid an allowance
at the rate specified in Item 15 of Table 1 - Allowances of Part B Monetary
Rates for laundering the uniform or protective clothing.
b) Where payment of the laundry allowance
is not appropriate because of the specialised nature of the clothing, and
subject to the approval of the Commissioner, the cost of maintaining such
clothing shall be met by the Rural Fire Service.
38 Compensation
for Damage to or Loss of Staff Member’s Private Property
a) Where damage to or loss of the staff
member's private property occurs in the course of employment, a claim may be lodged
under the Workers Compensation Act
1987 and/or under any insurance policy of the Rural Fire Service covering the
damage to or loss of the personal property of the staff member.
b) If a claim under subclause a) of this
subclause is rejected by the insurer, the Commissioner may compensate a staff
member for the damage to or loss of private property, if such damage or loss:
(1) is due to the negligence of the Rural
Fire Service, another staff member, or both, in the performance of their
duties; or
(2) is caused by a defect in a staff
member's material or equipment; or
(3) results from a staff member’s protection
of or attempt to protect Rural Fire Service property from loss or damage.
c) Compensation in terms of subclause b)
of this clause shall be limited to the amount necessary to repair the damaged
item. Where the item cannot be repaired
or is lost, the Commissioner may pay the cost of a replacement item, provided
the item is identical to or only marginally different from the damaged or lost
item and the claim is supported by satisfactory evidence as to the price of the
replaced item.
d) For the purpose of this subclause,
personal property means a staff member's clothes, spectacles, hearing aid,
tools of trade or similar items which are ordinarily required for the
performance of the staff member’s duties.
e) Compensation for the damage sustained
shall be made by the Rural Fire Service where, in the course of work, clothing
or items such as spectacles, hearing aids, etc, are damaged or destroyed by natural
disasters or by theft or vandalism.
f) Where staff have tools of trade that
are registered with the Rural Fire Service the conditions under this clause
will apply.
39 Garage and Carport Allowance
a) Where
a staff member garages a Rural Fire Service vehicle in their own garage or
carport and the use of the garage or carport is considered essential by the
Commissioner, such staff member shall be paid an appropriate rate of allowance
as specified in Item 16 of Table 1 - Allowances of Part B, Monetary Rates.
b) Payment
of the garage or carport allowance shall continue during periods when the staff
member is absent from headquarters.
c) This
allowance does not apply to staff in receipt of an annualised allowance under
this Award for a garage or carport.
40 Community
Language Allowance Scheme
Staff
members who possess a basic level of competence in a community language and who
work in locations where their community language is utilised at work to assist
clients and such staff members are not:
(a) employed as interpreters and
translators; and
(b) employed in those positions where
particular language skills are an integral part of essential requirements of
the position,
shall
be paid an allowance as specified in Item 17 of Table 1 - Allowances of Part B
Monetary Rates.
41 First
Aid Allowance
a) A staff member appointed as a
designated workplace First Aid Officer by the Commissioner shall be paid a
first aid allowance at the rate appropriate to the qualifications held by such
staff member as specified in Item 18 of Table 1 - Allowances of Part B Monetary
Rates.
b) The First Aid Allowance shall not be
paid during extended leave or any other continuous period of leave which
exceeds four weeks.
c) When the First Aid Officer is absent on
leave for one week or more and another qualified staff member is selected to
relieve in the First Aid Officer's position, such staff member shall be paid a
pro rata first aid allowance for assuming the duties of a First Aid Officer.
42 District
Support Staff (Fleet) Allowances
The
Commissioner shall, on application, approve the payment of the appropriate
allowances as set out in Item 20 of Table 1 - Allowances of Part B Monetary
Rates for Fleet staff.
43 On-call
Allowance
Unless
already eligible for an on-call allowance under another industrial instrument
or an annualised allowance under this clause, a staff member shall be entitled
to be paid the on call allowance set out in Item 13 of Table 1 - Allowances of
Part B Monetary Rates when directed by the Rural Fire Service to be on call
outside the staff member's working hours.
(a) If a staff member, who is on call, is
called out by the Rural Fire Service, shall have the overtime provisions as set
out in the Overtime Clause of this Award shall apply to the time worked.
(b) Where work problems are resolved without
travel to the place of work whether on a weekday, weekend or public holiday,
work performed shall be compensated at ordinary time for the time actually
worked, calculated to the next 15 minutes.
44 After
Hours Allowance
(a) This allowance is not payable where a
staff member is eligible for an annualised allowance under this Award.
(b) A weekly allowance of $250 per week
shall be paid to cover all time outside the normal working hours that a staff
member is required to be available for contact and immediate response to a
call.
In
support of payment of such an allowance, and where determined by the
Commissioner, this arrangement shall include the provision of an appropriate
work area to perform the functions required by the Rural Fire Service.
(c) The allowance shall compensate the staff
member for routine incidents and minor follow-up work that may result from a
call.
(d) Where a staff member is On Call under
this clause on a public holiday, a day in lieu will be given and is to be taken
at a mutually agreeable time.
(e) This allowance can be rotated to
accommodate other staff members rostered on to undertake these duties as
required.
(f) Extension of this provision to other
classifications or specific jobs will be done in consultation, and with the
approval of the Commissioner.
(g) In special circumstances, application
may be made to the Commissioner for the payment of overtime over and above this
allowance where extenuating circumstances can be demonstrated that would not
normally be covered by the intent of this clause.
45 Annualised Allowance
a) An Annualised Allowance of up to 15% of
the base salary of a staff member shall be paid as determined by the
Commissioner and shall replace any entitlement to the following Allowances as
defined in this Award (except for directed overtime):
(1) Programmed Overtime
(2) On-call Allowance
(3) After Hours Allowance
(4) Garage or Carport Allowance
(5) Uniform and Laundry Allowance
b) The annualised allowance payable under
this Award shall be eligible for staff that occupy positions in Category A and
Category B as identified in Part B - Schedule B of this Award.
c) Positions that are classified in
Category A will attract the full entitlement of the annualised allowance. That is 100% of the 15% of the base salary
of the staff member is payable.
d) Positions that are classified in
Category B will attract a proportion of the full entitlement of the annualised
allowance. That is a percentage of up
to 100% of the 15% of the base salary of the staff member is payable.
e) Positions that are classified in
Category C do not attract the annualised allowance or any portion of it.
Staff
members occupying Category C positions will be paid the allowances referred to
in this clause as individual allowances as and when appropriate and incurred
pursuant to the provisions and criteria for payment of those clauses in this
Award.
|
Category
A Positions
|
Category
B Positions
|
Category
C Positions
|
|
Attract
the full 100% of the payable allowance.
That
is: 100% of the 15% of staff member’s base salary.
|
Attract
a percentage of 100% of the payable allowance.
That
is: Up to 100% of the 15% of staff member’s base salary.
|
Do
not attract the allowance or any part there-of.
|
h) In special circumstances, application
may be made to the Commissioner for the payment of overtime over and above this
allowance where extenuating circumstances can be demonstrated that would not
normally be covered by the intent of this clause.
46 Review
of Allowances payable in terms of this Award
The
adjustment of Allowances contained in this Award shall be reviewed and adjusted
in line with the review and adjustment of the corresponding allowances in the
Crown Employees (Conditions of Employment 1997) Award in so far as they relate
to the relevant clauses in this Award.
(Refer to Clause 38 in this Award).
14 Association
Activities
47 Association Activities regarded as on
duty
An
Association delegate will be released from the performance of normal Rural Fire
Service duty in respect of activities specified below. While undertaking such activities the
Association delegate will be regarded as being on duty and will not be required
to apply for leave:
a) Attendance at meetings of the
workplace's Occupational Health and Safety Committee and participation in all
official activities relating to the functions and responsibilities of elected
Occupational Health and Safety Committee members at a place of work as provided
for in the Occupational Health and Safety
Act 1983 and the Regulations;
b) Attendance at meetings with workplace
management or workplace management representatives;
c) A reasonable period of preparation
time, before-
(1) meetings with management;
(2) disciplinary or grievance meetings when
an Association member requires the presence of a Association delegate; and
(3) any other meeting with management,
by
agreement with management, where operational requirements allow the taking of
such time;
d) Giving evidence in court on behalf of
the employer;
e) Appearing as a witness before the
Government and Related Employees Appeal Tribunal;
f) Representing their Association at the
Government and Related Employees Appeal Tribunal as an advocate or as a
Tribunal Member;
g) Presenting information on the
Association and Association activities at induction sessions for new staff of
the Rural Fire Service; and
h) Distributing official Association
publications or other authorised material at the workplace, provided that a
minimum of 24 hours notice is given to workplace management, unless otherwise
agreed between the parties.
Distribution time is to be kept to a minimum and is to be undertaken at
a time convenient to the workplace.
48 Association
Activities regarded as Special Leave
The
granting of special leave with pay will apply to the following activities
undertaken by an Association delegate, as specified below:
(a) annual or biennial conferences of the
delegate's Association;
(b) meetings of the Association's Executive,
Committee of Management or Councils;
(c) annual conference of the Labor Council
of NSW and the biennial Congress of the Australian Council of Trade Unions;
(d) attendance at meetings called by the
Labor Council of NSW involving the Association which requires attendance of a
delegate;
(e) attendance at meetings called by the
PEO, as the employer for industrial purposes, as and when required;
(f) giving evidence before an Industrial
Tribunal as a witness for the Association;
(g) reasonable travelling time to and from
conferences or meetings to which the provisions of the clauses: Association
Activities regarded as on duty; Association Activities regarded as Special
Leave; and Association Training Courses of this Award apply.
49 Association
Training Courses
The
following training courses will attract the grant of special leave as specified
below:
(a) accredited Occupational Health and
Safety (OH&S) courses and any other accredited OH&S training for
OH&S Committee members.
The
provider(s) of accredited OH&S training courses and the conditions on which
special leave for such courses will be granted, shall be negotiated between the
Commissioner and the Association under a local arrangement pursuant to the
Local Arrangements clause of this Award.
(b) courses organised and conducted by the
Trade Union Education Foundation or by the member's Association or a training
provider nominated by the member's Association. A maximum of 12 working days in any period of 2 years applies to
this training and is subject to:
(1) the operating requirements of the
workplace permitting the grant of leave and the absence not requiring
employment of relief staff;
(2) payment being at the base rate, i.e.
excluding extraneous payments such as shift allowances/penalty rates, overtime,
etc;
(3) all travelling and associated expenses
being met by the staff member or the Association;
(4) attendance being confirmed in writing by
the member's Association or a nominated training provider.
50 Conditions
applying to On Loan Arrangements
Subject
to the operational requirements of the workplace, on loan arrangements will
apply to the following activities:
(a) meetings interstate or in NSW of a
Federal nature to which a representative or member has been nominated or
elected by the Association:
(1) as an Executive Member; or
(2) a member of a Federal Council; or
(3) vocational or industry committee.
(b) briefing counsel on behalf of the
Association;
(c) assisting Association officials with
preparation of cases or any other activity outside their normal workplace at
which the delegate is required to represent the interests of their Association;
(d) country tours undertaken by a member of
the executive or Council of the Association;
(e) taking up of full time duties with the
Association if elected to the office of President, General Secretary or to
another full time position with the Association.
(f) Financial Arrangements:
The
following financial arrangements apply to the occasions when a staff member is
placed "on loan" to his/her Association:
(1) the Rural Fire Service will continue to
pay the delegate or an authorised Association representative whose services are
on loan to the Association;
(2) the Rural Fire Service will seek
reimbursement from the Association at regular intervals of all salary and
associated on costs, including superannuation, as specified by the New South
Wales Treasury from time to time.
(3) Agreement with the Association on the
financial arrangements must be reached before the on loan arrangement commences
and must be documented in a manner negotiated between the Commissioner and the
Association.
(g) Recognition of "on loan"
arrangement as service:
On
loan arrangements negotiated in terms of this clause are to be regarded as
service for the accrual of all leave and for incremental progression.
(h) Limitation:
On
loan arrangements may apply to full-time or part-time staff and are to be kept
to the minimum time required.
Where
the Association needs to extend an on loan arrangement, the Association shall
approach the Commissioner in writing for an extension of time well in advance
(at least three months) of the expiration of the current period of on loan
arrangement.
Where
the Commissioner and the Association cannot agree on the on loan arrangement,
the matter is to be referred to the PEO for determination after consultation
with the Commissioner and the Association.
51 Period
of Notice for Association
Activities
The
Commissioner must be notified in writing by the Association or, where
appropriate, by the accredited delegate as soon as the date and/or time of the
meeting, conference or other accredited activity is known.
52 Access
to Facilities by Association
Delegates
The
workplace shall provide accredited delegates with reasonable access to the
following facilities for authorised Association activities:
(a) telephone, facsimile and, where
available, e-mail facilities;
(b) a notice board for material authorised
by the Association or access to staff notice boards for material authorised by
the Association;
(c) workplace conference or meeting facilities,
where available, for meetings with member(s), as negotiated between local
management and the Association.
53 Responsibilities
of the Association Delegate
Responsibilities
of the Association delegate are to:
(a) establish accreditation as a delegate
with the Association and provide proof of accreditation to the workplace;
(b) participate in the workplace
consultative processes, as appropriate;
(c) follow the dispute settling procedure
applicable in the workplace;
(d) provide sufficient notice to the
immediate supervisor of any proposed absence on authorised Association
business;
(e) account for all time spent on authorised
Association business;
(f) when special leave is required, to
apply for such leave in advance;
(g) distribute Association literature/membership
forms, under local arrangements negotiated between the Commissioner and the
Association; and
(h) use any facilities provided by the
workplace properly and reasonably as negotiated at organisational level.
54 Responsibilities
of the Association
Responsibilities
of the Association are to:
(a) provide written advice to the
Commissioner about an Association activity to be undertaken by an accredited
delegate and, if requested, to provide written confirmation to the workplace
management of the delegate's attendance/participation in the activity;
(b) meet all travelling, accommodation and
any other costs incurred by the accredited delegate, except as provided in
paragraph (c) of the Responsibilities of Workplace Management sub-clause in this
Award;
(c) pay promptly any monies owing to the
Rural Fire Service under a negotiated on loan arrangement;
(d) provide proof of identity when visiting
a workplace in an official capacity, if requested to do so by management;
(e) apply to the Commissioner well in
advance of any proposed extension to the "on loan" arrangement; and
(f) assist the workplace management in
ensuring that time taken by the Association delegate is accounted for and any
facilities provided by the employer are used reasonably and properly.
(g) advise employer of any leave taken by
the Association delegate during the on loan arrangement.
55 Responsibilities
of Workplace Management
Where
time is required for Association activities in accordance with this clause the
responsibilities of the workplace management are to:
(a) release the accredited delegate from
duty for the duration of the Association activity, as appropriate, and, where
necessary, to allow for sufficient travelling time during the ordinary working
hours;
(b) advise the workplace delegate of the
date of the next induction session for new staff members in sufficient time to
enable the Association to arrange representation at the session;
(c) meet the travel and/or accommodation
costs properly and reasonably incurred in respect of meetings called by the
workplace management;
(d) where possible, to provide relief in the
position occupied by the delegate in the workplace, while the delegate is
undertaking Association responsibilities to assist with the business of workplace
management;
(e) re-credit any other leave applied for on
the day to which special leave or release from duty subsequently applies;
(f) where an Association activity provided
under this clause needs to be undertaken on the Association delegate's agreed
absence, to apply the provisions of subclause (e) of this clause.
(g) to continue to pay salary during an
"on loan" arrangement negotiated with the Association and to obtain
reimbursement of salary and on-costs from the Association at regular intervals,
or as otherwise agreed between the parties if long term arrangements apply;
(h) to verify with the Association the time
spent by a Association delegate or delegates on Association business, if
required; and
(i) if the time and/or the facilities allowed
for Association activities are thought to be used unreasonably and/or
improperly, to consult with the Association before taking any remedial action.
56 Right
of Entry
The
right of entry provisions shall be as prescribed under the Occupational Health and Safety Act 1983 and the Industrial Relations Act 1996.
57 Travelling
and Other Costs of
Association Delegates
a) Except as specified in subclause (c) of
the Responsibilities of Workplace Management clause in this Award, all travel
and other costs incurred by accredited Association delegates in the course of
Association activities will be paid by their Association.
b) In respect of meetings called by the
workplace management in terms of subclause (c) of the Responsibilities of
Workplace Management clause in this Award, the payment of travel and/or
accommodation costs, properly and reasonably incurred, is to be made, as
appropriate, on the same conditions as apply under the: travelling allowances -
general; meal expenses on one day journeys; travelling allowances when staying
in non-government accommodation; travelling allowances when staying in
government accommodation; or restrictions on payment of travelling allowances
clauses of this Award.
c) No overtime, leave in lieu, shift
penalties or any other additional costs will be claimable by a staff member
from the Rural Fire Service or the PEO, in respect of Association activities
covered by special leave or on duty activities provided for in this clause.
d) The on loan arrangements shall apply
strictly as negotiated and no extra claims in respect of the period of on loan
shall be made on the Rural Fire Service by the Association or the staff member.
58 Industrial
Action
a) Provisions of the Industrial Relations Act 1996 shall apply to the right of Association
members to take lawful industrial action.
b) There will be no victimisation of staff
members prior to, during or following such industrial action.
59 Consultation
and Technological Change
a) There shall be effective means of
consultation, as set out in the Consultative Arrangements Policy and Guidelines
document, on matters of mutual interest and concern, both formal and informal,
between management and the Association represented in the Rural Fire Service.
b) The management of the Rural Fire
Service shall consult with the Association prior to the introduction of any
technological change.
60 Deduction
of Association Membership Fees
a) At the staff member’s election, the
Commissioner shall provide for the staff member’s Association membership fees
to be deducted from the staff member’s pay and ensure that such fees are
transmitted to the staff member’s Association at regular intervals.
b) Alternative arrangements for the
deduction of Association membership fees may be negotiated between the Commissioner
and the Association in accordance with the Local Arrangements clause in this
Award.
15. Leave
61 General Provisions
a) The provisions contained in this clause
apply to all staff members other than those to whom arrangements apply under
another industrial instrument or under a local arrangement negotiated between
the Commissioner and the Association in terms of the Local Arrangements clause
of this Award.
b) Unless otherwise specified, part-time
staff members will receive the conditions of this clause on a pro rata basis,
calculated according to the number of hours worked per week.
c) The provisions of this clause do not
apply to an apprentice, except in respect of recreation leave if the
entitlement to recreation leave under the Apprenticeship Award is less
favourable than the recreation leave provisions under this clause.
d) A temporary staff member employed under
Section 38 of the Public Sector
Management Act 1988 is eligible to take a period of approved leave during
the current period of employment and may continue such leave during a
subsequent period or periods of employment in the Public Service, if such
period or periods of employment commence immediately on termination of a
previous period or periods of employment
e) Where paid and unpaid leave available
to be granted in terms of this Award, paid leave shall be taken before unpaid
leave.
62 Absence from Work
a) A staff member must not be absent from
work unless reasonable cause is shown.
b) If a staff member is to be absent from
duty because of illness or other emergency, the staff member shall notify or
arrange for another person to notify the supervisor as soon as possible of the
staff member's absence and the reason for the absence.
c) If a satisfactory explanation for the
absence is not provided, the staff member will be regarded as absent from duty
without authorised leave and the Commissioner shall deduct from the pay of the
staff member the amount equivalent to the period of the absence.
d) The minimum period of leave available
to be granted shall be a quarter day, unless local arrangements negotiated in
the workplace allow for a lesser period to be taken.
e) Nothing in this clause affects any
proceedings for a breach of discipline against a staff member who is absent
from duty without authorised leave.
63 Applying
for Leave
a) An application by a staff member for
leave under this clause shall be made to and dealt with by the Commissioner.
b) The Commissioner shall deal with the
application for leave according to the wishes of the staff member if the
operational requirements of the Rural Fire Service permit this to be done.
64 Adoption
Leave
a) A staff member adopting a child and who
will be the primary care giver shall be entitled to be granted adoption leave:
(1) for a period of up to 12 months if the
child has not commenced school at the date of the taking of custody; or
(2) for such period, not exceeding 12 months
on a full-time basis, as the Commissioner may determine, if the child has
commenced school at the date of the taking of custody.
b) A staff member who has been granted
adoption leave may, with the permission of the Commissioner, take leave:
(1) full-time for a period not exceeding 12
months; or
(2) part-time over a period not exceeding 2
years; or
(3) partly full-time and partly part-time
over a proportionate period of up to 2 years.
c) Adoption leave shall commence on the
date that the staff member takes custody of the child concerned, whether that
date is before or after the date on which a court makes an order for the
adoption of the child by the staff member.
d) A staff member who resumes duty
immediately on the expiration of adoption leave shall:
(1) if the position occupied by the staff
member immediately before the commencement of that leave still exists be
entitled to be placed in that position; or
(2) if the position so occupied by the staff
member has ceased to exist, but there are other positions available that the
staff member is qualified for and is capable of performing, the staff member
shall be appointed, to a position of the same grade and classification as the
staff member’s former position.
e) A staff member who will be the primary
care giver from the date of taking custody of the adopted child shall be
entitled to payment at the ordinary rate of pay for a period of 3 weeks of
adoption leave or the period of adoption leave taken, whichever is the lesser
period if the staff member:
(1) applied for adoption leave within the
time and in the manner determined by the Commissioner; and
(2) prior to the commencement of adoption
leave, completed not less than 40 weeks' continuous service.
f) Except as provided in subclause (e) of
this clause, adoption leave shall be granted without pay.
g) Special Adoption Leave:
A
staff member shall be entitled to special adoption leave without pay for up to
2 days to attend interviews or examinations for the purposes of adoption.
Special
adoption leave may be taken as a charge against recreation leave, extended
leave, family and community service leave or local arrangements as negotiated.
65 Extended
Leave
Extended
leave shall accrue and shall be granted to staff members in accordance with the
provisions of Schedule 5 to the Public
Sector Management Act 1988, as amended from time to time.
66 Family
and Community Service Leave
a) The Commissioner shall, in the case of
emergencies or in personal or domestic circumstances, grant to a staff member
some or all of the available family and community service leave on full pay.
b) The maximum amount of family and
community service leave on full pay which may, subject to this Award, be
granted to a staff member shall be the greater of the leave provided in
paragraph (1) or (2) of this subclause:
(1) 2½ of the staff member’s working days in
the first year of service and, on completion of the first year’s service, 5 of
the staff member’s working days in any period of 2 years; or
(2) After the completion of 2 years’
continuous service, the available family and community service leave is
determined by allowing 1 day's leave for each completed year of service less
the total amount of short leave or family and community service leave
previously granted to the staff member.
c) Such cases may include but not be
limited to the following:
(1) compassionate grounds - such as the
death or illness of a close member of the family or a member of the staff
member's household;
(2) accommodation matters up to one day -
such as attendance at court as defendant in an eviction action, arranging
accommodation, or when required to remove furniture and effects;
(3) emergency or weather conditions - such
as when flood, fire or snow etc. threaten property and/or prevent a staff
member from reporting for duty;
(4) other personal circumstances - such as
citizenship ceremonies, parent/teacher interviews or attending child's school
for other reasons;
d) attendance at court by a staff member
to answer a charge for a criminal offence, if the Commissioner considers the
granting of family and community service leave to be appropriate in a particular
case;
e) staff members who are selected to
represent Australia or the State as competitors in major amateur sport (other
than Olympic or Commonwealth Games);
f) staff members who hold office in Local
Government other than as a Mayor of a Municipal Council, President of a Shire
Council or Chairperson of a County Council, to attend meetings, conferences or
other duties associated with that office where those duties necessitate absence
during normal working hours.
g) If available family and community
service leave is exhausted as a result of natural disasters, the Commissioner
shall consider applications for additional family and community service leave,
if some other emergency arises.
On
the death of a person defined in subclause (c) of the Sick Leave to Care for a
Sick Family Member clause in this Award, additional paid family and community
service leave of up to 2 days may be granted on a discrete, per occasion basis
to a staff member.
h) In cases of illness of a family member
for whose care and support the staff member is responsible, paid sick leave in
accordance with subclause (c) of the Sick Leave to Care for a Sick Family
Member clause in this Award, shall be granted when paid family and community
service leave has been exhausted.
67 Leave
Without Pay
a) The Commissioner may grant leave
without pay to a staff member if good and sufficient reason is shown.
b) Leave without pay may be granted on a
full-time or a part-time basis.
c) Where a staff member is granted leave
without pay for a period not exceeding 10 consecutive working days, the staff
member shall be paid for any proclaimed public holidays falling during such
leave without pay.
d) Where a staff member is granted leave
without pay which, when aggregated, does not exceed 5 working days in a period
of twelve (12) months, such leave shall count as service for incremental
progression and accrual of recreation leave.
e) A staff member who has been granted
leave without pay, shall not engage in private employment of any kind during
the period of leave without pay, unless prior approval has been obtained from
the Commissioner in accordance with the Secondary (Private) Employment clause
in this Award.
f) A staff member shall not be required
to exhaust accrued paid leave before proceeding on leave without pay but, if
the staff member elects to combine all or part of accrued paid leave with leave
without pay, the paid leave shall be taken before leave without pay.
g) No paid leave shall be granted during a
period of leave without pay.
68 Maternity
Leave
a) A staff member who is pregnant shall,
subject to this clause, be entitled to be granted maternity leave as follows:
(1) for a period up to 9 weeks prior to the
expected date of birth; and
(2) for a further period of up to 12 months
after the actual date of birth.
b) A staff member who has been granted
maternity leave may, with the permission of the Commissioner, take leave after
the actual date of birth:
(1) full-time for a period of up to 12
months; or
(2) part-time for a period of up to 2 years;
or
(3) as a combination of full-time and
part-time over a proportionate period of up to 2 years.
c) A staff member who has been granted
maternity leave and whose child is stillborn may elect to take available sick
leave instead of maternity leave.
d) A staff member who resumes duty before
her child’s first birthday or on the expiration of 12 months from the date of
birth of her child shall be entitled to resume duty in the position occupied by
her immediately before the commencement of maternity leave, if the position
still exists.
e) If the position occupied by the staff
member immediately prior to the taking of maternity leave has ceased to exist,
but there are other positions available that the staff member is qualified for
and is capable of performing, the staff member shall be appointed to a position
of the same grade and classification as the staff member’s former position.
f) A staff member who:
(1) applied for maternity leave within the
time and in the manner determined by the Commissioner; and
(2) prior to the expected date of birth,
completed not less than 40 weeks' continuous service,
shall
be paid at her ordinary rate of pay for a period not exceeding 9 weeks or the
period of maternity leave taken, whichever is the lesser period.
g) Except as provided in sub-clause (f) of
this clause, maternity leave shall be granted without pay.
h) The Commissioner shall consider, where
possible and appropriate, an application to transfer to safer duties of a
pregnant staff member either before and/or after the birth of an unborn or a
new born child on a case by case basis.
69 Military
Leave
a) During the period of 12 months
commencing on 1 July each year, the Commissioner may grant to a staff member
who is a volunteer part-time member of the Defence Forces, military leave on
full pay to undertake compulsory annual training and to attend schools, classes
or courses of instruction conducted by the staff member’s unit.
b) Up to 24 working days military leave
per year may be granted by the Commissioner to members of the Naval and
Military Reserves and up to 28 working days per year to members of the Air
Force Reserve for the activities specified in subclause (a) of this clause.
c) At the expiration of military leave,
the staff member shall furnish to the Commissioner a certificate of attendance
signed by the commanding officer or other responsible officer.
d) The Rural Fire Service shall where
possible release staff members to undertake duties as members of the Defence
Forces in connection with Australian Peace Keeping Forces such as in East
Timor.
e) Notwithstanding the provisions of
subclause (b) of this clause, staff members may be granted paid military leave
as provided for in section 6-11.3 of the Personnel Handbook on the basis that the
maximum amount of military leave that may be granted in any one financial year
(from 1 July to 30 June of the following year) is an aggregate of 36 days.
f) Staff members may be granted accrued
recreation and/or extended leave at their substantive salaries.
g) Any payments made will be in addition
to any military pay received by the staff member.
h) Military Leave without pay may be
granted.
i) The period of military leave without
pay does not break continuity of employment. Unlike other periods of leave
without pay, military leave without pay shall count as service for incremental
progression and accrual of leave.
j) A staff member returning to work after
a period of full time military leave without pay or approved paid leave has the
right to resume his or her former position.
If
his or her former position has been abolished the staff member is to be
transferred to a position at the same classification and grade, and where
practicable, in the former location.
70 Observance
of Essential Religious or Cultural Obligations
a) A staff member of:
(1) any religious faith who seeks leave for
the purpose of observing essential religious obligations of that faith; or
(2) any ethnic or cultural background who
seeks leave for the purpose of observing any essential cultural obligations,
may
be granted recreation/extended leave to credit, leave without pay, or negotiate
local arrangements to do so.
b) Provided adequate notice as to the need
for leave is given by the staff member to the Rural Fire Service and it is
operationally convenient to release the staff member from duty, the
Commissioner must grant the leave applied for by the staff member in terms of
this subclause.
c) A staff member of any religious faith
who seeks time off during daily working hours to attend to essential religious
obligations of that faith, shall be granted such time off by the Commissioner,
subject to:
(1) adequate notice being given by the staff
member;
(2) prior approval being obtained by the
staff member; and
(3) the time off being made up in the manner
approved by the Commissioner.
d) Notwithstanding the provisions of
subclauses (a), (b) and (c) of this clause, arrangements may be negotiated
between the Rural Fire Service and the Association in terms of the Local Arrangements
clause in this Award to provide greater flexibility for staff members for the
observance of essential religious or cultural obligations.
71 Parental
Leave
Parental
leave is available to a staff member who applies for leave to look after their
child or children.
a) Parental leave applies as follows:
(1) Short Parental Leave:
An
unbroken period of up to one week at the time of the birth of the child or
other termination of the spouse's or partner's pregnancy or, in the case of
adoption, from the date of taking custody of the child or children;
(2) Extended Parental Leave:
For
a period not exceeding 12 months, less any short parental leave already taken
by the staff member as provided for in paragraph (1) of this subclause.
b) Extended parental leave may commence at
any time up to 2 years from the date of birth of the child or the taking of
custody of the child.
c) A staff member who has been granted
parental leave may, with the permission of the Commissioner, take such leave:
(1) full-time for a period not exceeding 12
months; or
(2) part-time over a period not exceeding 2
years; or
(3) partly full-time and partly part-time
over a proportionate period of up to 2 years.
d) A staff member who resumes duty
immediately on expiration of parental leave shall:
(1) if the position occupied by the staff
member immediately before the commencement of that leave still exists be
entitled to be placed in that position; or
(2) if the position occupied by the staff
member has ceased to exist, but there are other positions available that the
staff member is qualified for and is capable of performing, the staff member
shall be appointed, to a position of the same grade and classification as the
staff member’s former position.
e) Parental leave shall be granted without
pay, unless the staff member elects to take accrued recreation or extended
leave in respect of some or all of the period of parental leave.
72 Recreation
Leave
a) Accrual
(1) Except where stated otherwise in this
Award, paid recreation leave for full time staff members and recreation leave
for staff members working part time, accrues at the rate of 20 working days per
year.
(2) Staff members working part time shall
accrue paid recreation leave on a pro rata basis, which will be determined on the
average weekly hours worked per leave year.
(3) Additional recreation leave, at the rate
of 5 days per year, accrues to a staff member, employed in terms of the Public Sector Management Act 1988, who
is stationed indefinitely in a remote area of the State, as defined in the
Definitions clause of this Award.
(4) Recreation leave accrues from day to
day.
b) Limits on Accumulation and Direction to
Take Leave
(1) At least two (2) consecutive weeks of
recreation leave shall be taken by a staff member every 12 months, except by
agreement with the Commissioner in special circumstances.
(2) Where the operational requirements
permit, the application for leave shall be dealt with by the Commissioner
according to the wishes of the staff member.
(3) The Commissioner shall notify the staff
member in writing when accrued recreation leave reaches 6 weeks or its hourly
equivalent and at the same time may direct a staff member to take at least 2
weeks recreation leave within 3 months of the notification at a time convenient
to the Rural Fire Service.
(4) The Commissioner shall notify the staff
member in writing when accrued recreation leave reaches 8 weeks or its hourly
equivalent and direct the staff member to take at least 2 weeks recreation
leave within 6 weeks of the notification. Such leave is to be taken at a time
convenient to the Rural Fire Service.
c) Conservation of Leave
If
the Commissioner is satisfied that a staff member is prevented by operational
or personal reasons from taking sufficient recreation leave to reduce the
accrued leave below an acceptable level of between 4 and 6 weeks or its hourly
equivalent, the Commissioner shall:
(1) specify in writing the period of time
during which the excess shall be conserved; and
(2) on the expiration of the period during
which conservation of leave applies, grant sufficient leave to the staff member
at a mutually convenient time to enable the accrued leave to be reduced to an
acceptable level below the 8 weeks' limit.
(3) The Commissioner will inform a staff
member in writing on a regular basis of the staff member’s recreation leave
accrual.
d) Miscellaneous:
(1) Unless a local arrangement has been
negotiated between the Commissioner and the Association, recreation leave is
not to be granted for a period less than a quarter day or in other than
multiples of a quarter day.
(2) Recreation leave for which a staff
member is eligible on cessation of employment is to be calculated to a quarter
day (fractions less than a quarter being rounded up).
(3) Recreation leave does not accrue to a
staff member in respect of any period of absence from duty without leave or
without pay, except as specified in paragraph (4) of this subclause.
(4) Recreation leave accrues during any
period of leave without pay granted on account of incapacity for which
compensation has been authorised to be paid under the Workers’ Compensation Act 1987; or any period of sick leave without
pay or any other approved leave without pay, not exceeding 5 full time working
days, or their part time equivalent, in any period of 12 months.
(5) The proportionate deduction to be made
in respect of the accrual of recreation leave on account of any period of
absence referred to in paragraph (4) of this subclause shall be calculated to
an exact quarter-day (fractions less than a quarter being rounded down).
(6) Recreation leave accrues at half its
normal accrual rate during periods of extended leave on half pay.
(7) On cessation of employment, a staff
member is entitled to be paid, the money value of accrued recreation leave
which remains untaken.
(8) A staff member to whom paragraph (7) of
this subclause applies may elect to take all or part of accrued recreation
leave which remains untaken at cessation of active duty as leave or as a lump
sum payment; or as a combination of leave and lump sum payment.
e) Death:
Where
a staff member dies, the monetary value of recreation leave accrued and
remaining untaken as at the date of death, shall be paid to the staff member's
nominated beneficiary.
f) Where no beneficiary has been
nominated, the monetary value of recreation leave is to be paid as follows:
(1) to the widow or widower of the staff
member; or
(2) if there is no widow or widower, to the
children of the staff member or, if there is a guardian of any children
entitled under this subclause, to that guardian for the children's maintenance,
education and advancement; or
(3) if there is no such widow, widower or
children, to the person who, in the opinion of the Commissioner was, at the
time of the staff member's death, a dependent relative of the staff member; or
(4) if there is no person entitled under
paragraphs (1) or (2) or (3) of this subclause to receive the money value of
any leave not taken or not completed by a staff member or which would have accrued
to the staff member, the payment shall be made to the personal representative
of the staff member.
g) Additional compensation for rostered
work performed by shift workers on Sundays and Public Holidays
Shift workers who are rostered to work their
ordinary hours on Sundays and/or Public Holidays during the period 1 December
of one year to 30 November, of the following year, or part thereof, shall be
entitled to receive additional annual leave or payment as provided for in
subclauses (g) or (h) respectively of the Shift Overtime clause in this Award.
73 Annual
Leave Loading
a) General:
(1) Unless more favourable conditions apply
to a staff member under another industrial instrument, a staff member, other
than a trainee who is paid by allowance, is entitled to be paid an annual leave
loading as set out in this subclause.
(2) Subject to the provisions set out in
sub-clauses b) to f) of this clause, leave loading shall be 17½% on the
monetary value of up to 4 weeks’ recreation leave accrued in a leave year.
b) Loading on additional leave accrued:
(1) Where additional leave is accrued by a
staff member as compensation for work performed regularly on Sundays and/or
Public Holidays, the annual leave loading shall be calculated on the actual
leave accrued or on five weeks, whichever is the higher.
(2) If stationed in an area of the State of
New South Wales which attracts a higher rate of annual leave accrual, the
annual leave loading shall continue to be paid on a maximum of 4 weeks leave.
c) Shift workers:
Shift
workers proceeding on recreation leave are eligible to receive the more
favourable of:
(1) the shift premiums and penalty rates, or
any other allowances paid on a regular basis in lieu thereof, which they would
have received had they not been on recreation leave; or
(2) 17½% annual leave loading.
d) Maximum Loading:
Unless
otherwise provided in an Award or Agreement under which the staff member is
paid, the annual leave loading payable shall not exceed the amount which would
have been payable to a staff member in receipt of salary equivalent to the
maximum salary for a RFS Officer Level 13 under this Award.
e) Leave year:
(1) For the calculation of the annual leave
loading, the leave year shall commence on 1 December each year and shall end on
30 November of the following year.
(2) From 1 December 2001, the provisions as
set out in paragraph (1) of this sub-clause shall not apply as leave loading
shall be paid as part of salary in accordance with the respective provisions of
this clause.
f) Payment of annual leave loading:
Up
to 30 November 2001, payment of the annual leave loading shall be made on the
recreation leave accrued during the previous leave year (1 December 2000 to 30
November 2001) and shall be subject to the following conditions:
(1) annual leave loading shall be paid up to
30 November 2001, when a staff member takes at least two (2) consecutive weeks
leave for recreation purposes. Such
leave may be a combination of recreation leave and any of the following: public
holidays, extended leave, leave without pay, time off in lieu, banked agreed
absences and monthly due agreed absences.
(2) Where by 30 November 2001 a staff member
has accrued annual leave loading from the previous year (1 December 1999 to 30
November 2000) and/or accrued annual leave loading from the current year, then
the payment of the total outstanding annual leave loading entitlement for the
previous leave years shall be made to the staff member as at 30 November 2001.
(3) a staff member who has not been paid the
annual leave loading for the previous leave year, shall be paid such annual
leave loading on resignation, retirement or termination by the employer for any
reason other than the staff member's serious and intentional misconduct.
(4) except in cases of voluntary redundancy,
proportionate leave loading is not payable on cessation of employment.
g) Annualised
annual leave loading:
(1) From
1 December 2001, the base salary of all positions shall increase by the
equivalent proportioned amount of the annual leave loading calculated and be
paid as part of salary.
(2) The
new salary with leave loading included shall then commence from the first pay
period on or after 1 December 2001. (Refer to Part B Schedule A - Salaries in
this Award).
74 Sick
Leave
a) If the Commissioner is satisfied that a
staff member is unable to perform duty because of the staff member’s illness or
the illness of his/her family member, the Commissioner:
(1) shall grant to the staff member sick
leave on full pay; and
(2) may grant to the staff member, sick
leave without pay if the absence of the staff member exceeds the entitlement of
the staff member under this Award to sick leave on full pay.
b) Entitlements:
(1) Sick leave on full pay accrues to a
staff member at the rate of 15 days each calendar year. Any leave accrued and not utilised
accumulates.
(2) Sick leave on full pay accrues at the
beginning of the calendar year. If a
staff member is appointed after 1 January, sick leave on full pay accrues on a
proportionate basis for the year in which employment commences.
(3) All continuous service as a staff member
in the New South Wales public service shall be taken into account for the
purpose of calculating sick leave due.
Where the service in the NSW public service is not continuous, previous
periods of public service shall be taken into account for the purpose of
calculating sick leave due if the previous sick leave records are available.
(4) Notwithstanding the provisions paragraph
(3) of this subclause, sick leave accrued and not taken in the service of a
public sector employer may be accessed in terms of the Public Sector Staff
Mobility Policy.
(5) Sick leave without pay shall count as
service for the accrual of recreation leave and paid sick leave. In all other respects sick leave without pay
shall be treated in the same manner as leave without pay.
(6) When determining the amount of sick
leave accrued, sick leave granted on less than full pay shall be converted to
its full pay equivalent.
(7) Paid sick leave shall not be granted
during a period of unpaid leave.
c) Payment during the initial 3 months of
service:
Paid
sick leave which may be granted to a staff member, other than a seasonal or
relief staff member, in the first 3 months of service shall be limited to 5 days’
paid sick leave, unless the Commissioner approves otherwise.
Paid
sick leave in excess of 5 days granted in the first 3 months of service shall
be supported by a satisfactory medical certificate.
d) Seasonal or Relief Staff:
No
paid sick leave shall be granted to temporary staff members who are employed as
seasonal or relief staff for a period of less than 3 months.
75 Sick Leave - Requirements for Medical
Certificate
a) A
staff member absent from duty for more than 3 consecutive working days because
of illness must furnish a medical certificate to the Commissioner in respect of
the absence.
b) A
staff member shall be put on notice in advance if required by the Commissioner
to furnish a medical certificate in respect of an absence from duty for 3 consecutive
working days or less because of illness.
One reason for this requirement may include an unsatisfactory leave
record by the staff member.
c) If
there is any concern about the reason shown on the medical certificate, the
Commissioner, after discussion with the staff member, may refer the medical
certificate and the staff member's application for leave to the Government
Medical Officer for advice.
d) The
nature of the leave to be granted to a staff member shall be determined by the
Commissioner on the advice of the Government Medical Officer.
e) If
sick leave applied for is not granted, the Commissioner must, as far as
practicable, take into account the wishes of the staff member when determining
the nature of the leave to be granted.
f) A
staff member may elect to have an application for sick leave dealt with
confidentially by the Government Medical Officer in accordance with the general
public service policy on confidentiality, as applies from time to time.
g) If
a staff member who is absent on recreation leave or extended leave, furnishes
to the Commissioner a satisfactory medical certificate in respect of an illness
which occurred during the leave, the Commissioner may, subject to the
provisions of this clause, grant sick leave to the staff member as follows:
(1) in
respect of recreation leave, the period set out in the medical certificate;
(2) in
respect of extended leave, the period set out in the medical certificate if
such period is 5 working days or more.
h) Subclause
(g) above applies to all staff members other than those on leave prior to
resignation or termination of services, unless the resignation or termination
of services amounts to a retirement.
i) The
reference in this clause to a medical certificate shall apply, as appropriate,
to the certificates of up to one week provided by a registered dentist,
optometrist, chiropractor, osteopath, physiotherapist, oral and maxillo facial
surgeon or, at the Commissioner’s discretion, another registered health
services provider.
Where the absence exceeds one week, and
unless the health provider listed above is also a registered medical
practitioner, applications for any further sick leave must be supported by a
medical certificate from a registered medical practitioner.
76 Sick leave to Care for a Family Member
When family and community service leave
provided for in the Sick Leave clause of this Award is exhausted, a staff
member with responsibilities in relation to a category of person set out in
subclause (c) of this clause who needs the staff member's care and support, may
elect to use available paid sick leave, subject to the conditions specified in
this subclause, to provide such care and support when a family member is ill.
a) The
sick leave shall initially be taken from the current leave year’s entitlement
followed, if necessary, by the sick leave accumulated over the previous 3
years.
In special circumstances, the Commissioner
may grant additional sick leave from the sick leave accumulated during the
staff member’s eligible service.
b) If
required by the Commissioner, the staff member must establish by production of
a medical certificate or statutory declaration, the illness of the person
concerned.
c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(1) the
staff member being responsible for the care and support of the person
concerned; and
(2) the
person concerned being:-
(i) a
spouse of the staff member; or
(ii) a
defacto spouse being a person of the opposite sex to the staff member who lives
with the staff member as her husband or his wife on a bona fide domestic basis
although not legally married to that staff member; or
(iii) a
child or an adult child (including an adopted child, a step child, a foster
child or an ex-nuptial child), parent (including a foster parent and legal
guardian), grandparent, grandchild or sibling of the staff member or of spouse
or of defacto spouse of the staff member; or
(iv) a
same sex partner who lives with the staff member as the defacto partner of that
staff member on a bona fide domestic basis; or a relative of the staff member
who is a member of the same household, where for the purposes of this
definition:
• "relative"
means a person related by blood, marriage, affinity or Aboriginal kinship
structures;
• "affinity"
means a relationship that one spouse or partner has to the relatives of the
other; and
• "household"
means a family group living in the same domestic dwelling.
77 Sick
Leave - Workers' Compensation
a) The Commissioner shall advise each staff
member of the rights under the Workers'
Compensation Act 1987, as amended from time to time, and shall give such
assistance and advice, as necessary, in the lodging of any claim.
b) A staff member who is or becomes unable
to attend for duty or to continue on duty in circumstances, which may give the
staff member a right to claim compensation under the Workers' Compensation Act 1987, shall be required to lodge a claim
for any such compensation.
c) Where, due to the illness or injury,
the staff member is unable to lodge such a claim in person, the Commissioner
shall assist the staff member or the representative of the staff member, as
required, to lodge a claim for any such compensation.
d) The Commissioner will ensure that, once
received by the Rural Fire Service, a staff member’s worker’s compensation
claim is lodged by the Rural Fire Service with the workers’ compensation
insurer within the statutory period prescribed in the Workers’ Compensation Act 1987.
e) Pending the determination of that claim
and on production of an acceptable medical certificate, the Commissioner shall
grant sick leave on full pay for which the staff member is eligible followed,
if necessary, by sick leave without pay or, at the staff member's election by
accrued recreation leave or extended leave.
f) If liability for the workers
compensation claim is accepted, then an equivalent period of any sick leave
taken by the staff member pending acceptance of the claim shall be restored to
the credit of the staff member.
g) A staff member who continues to receive
compensation after the completion of the period of 26 weeks referred to in
section 36 of the Workers Compensation
Act 1987 may use any accrued and untaken sick leave to make up the
difference between the amount of compensation payable under that Act and the
staff member's ordinary rate of pay.
Sick leave utilised in this way shall be debited against the staff
member.
h) If a staff member notifies the
Commissioner that he or she does not intend to make a claim for any such compensation,
the Commissioner shall consider the reasons for the staff member's decision and
shall determine whether, in the circumstances, it is appropriate to grant sick
leave in respect of any such absence.
i) A staff member may be required to
submit to a medical examination under the Workers
Compensation Act 1987 in relation to a claim for compensation under that
Act.
If
a staff member refuses to submit to a medical examination without an acceptable
reason, the staff member shall not be granted available sick leave on full pay
until the examination has occurred and a medical certificate is issued
indicating that the staff member is not fit to resume employment.
j) If the Commissioner provides the staff
member with employment which meets the terms and conditions specified in the
medical certificate issued under the Workers
Compensation Act 1987 and the Workplace
Injury Management and Workers Compensation Act 1998 and, without good
reason, the staff member fails, to resume or perform such duties, the staff member
shall be ineligible for all payments in accordance with this clause from the
date of the refusal or failure.
k) No further sick leave shall be granted
on full pay if there is a commutation of weekly payments of compensation by the
payment of a lump sum pursuant to section 51 of the Workers Compensation Act 1987.
l) Nothing in this clause prevents a
staff member from appealing a decision or taking action under other legislation
made in respect of:
(1) the staff member's claim for workers'
compensation;
(2) the conduct of a medical examination by
a Government or other Medical Officer;
(3) a medical certificate issued by the
examining Government or other Medical Officer; or
(4) action taken by the Commissioner either
under the Workers Compensation Act
1987 or any other relevant legislation in relation to a claim for workers'
compensation, medical examination or medical certificate.
78 Sick
Leave - Claims Other Than Workers' Compensation
a) If the circumstances of any injury to
or illness of a staff member give rise to a claim for damages or to
compensation, other than compensation under the Workers Compensation Act 1987, sick leave on full pay may, subject
to and in accordance with this clause, be granted to the staff member on
completion of an acceptable undertaking that:
(1) any such claim, if made, will include a
claim for the value of any period of paid sick leave granted by the Rural Fire
Service to the staff member; and
(2) in the event that the staff member
receives or recovers damages or compensation pursuant to that claim for loss of
salary or wages during any such period of sick leave, the staff member will
repay to the Rural Fire Service the monetary value of any such period of sick
leave.
b) Sick leave on full pay shall not be
granted to a staff member who refuses or fails to complete an undertaking,
except in cases where the Commissioner is satisfied that the refusal or failure
is unavoidable.
c) On repayment to the Rural Fire Service
of the monetary value of sick leave granted to the staff member, sick leave
equivalent to that repayment and calculated at the staff member’s ordinary rate
of pay, shall be restored to the credit of the staff member.
79 Special
Leave
a) Jury Service:
(1) A staff member shall, as soon as
possible, notify the Commissioner of the details of any jury summons served on
the staff member.
(2) A staff member who, during any period
when required to be on duty, attends a court in answer to a jury summons shall,
upon return to duty after discharge from jury service, furnish to the
Commissioner a certificate of attendance issued by the Sheriff or by the
Registrar of the court giving particulars of attendances by the staff member
during any such period and the details of any payment or payments made to the
staff member under section 72 of the Jury Act 1977 in respect of any such
period.
(3) When a certificate of attendance on jury
service is received in respect of any period during which a staff member was
required to be on duty, the Commissioner shall grant, in respect of any such
period for which the staff member has been paid out-of-pocket expenses only,
special leave on full pay.
In
any other case, the Commissioner shall grant, at the sole election of the staff
member, available recreation leave on full pay, agreed absence leave or leave
without pay.
b) Witness at Court - Official Capacity:
When
a staff member is subpoenaed or called as a witness in an official capacity,
the staff member shall be regarded as being on duty.
(1) Salary and any expenses properly and
reasonably incurred by the staff member in connection with the staff member’s
appearance at Court as a witness in an official capacity shall be paid by the
Rural Fire Service.
c) Witness at Court - Other than in
Official Capacity - Crown Witness:
A staff
member who is subpoenaed or called as a witness by the Crown (whether in right
of the Commonwealth or in right of any State or Territory of the Commonwealth)
shall:
(1) be granted, for the whole of the period
necessary to attend as such a witness, special leave on full pay; and
(2) pay into the Treasury of the State of
New South Wales all money paid to the staff member under or in respect of any
such subpoena or call other than any such money so paid in respect of
reimbursement of necessary expenses properly incurred in answer to that
subpoena or call.
(3) Association Witness:
A
staff member called by the Association to give evidence before an Industrial
Tribunal or in another jurisdiction, shall be granted special leave by the
Rural Fire Service for the required period.
d) Called as a witness in a private
capacity:
A
staff member who is subpoenaed or called as a witness in a private capacity
shall, for the whole of the period necessary to attend as such a witness, be
granted at the staff member's election, available recreation leave on full pay
or leave without pay.
e) Examinations:
Special
leave on full pay up to a maximum of 5 days in any one year shall be granted to
staff members for the purpose of attending at any examination approved by the
Commissioner.
(1) Special leave granted to attend
examinations should include leave for any necessary travel to or from the place
at which the examination is held.
f) Special Leave - Association
Activities:
Special
leave on full pay may be granted to staff members who are accredited
Association delegates to undertake Association activities as provided for in
the Association Activities Attracting Special Leave clause in this Award.
g) Return Home When Temporarily Living
Away from Home:
Sufficient
special leave, as set out in this subclause, shall be granted to a staff member
who is temporarily living away from home as a result of work requirements.
Such
staff member shall be granted sufficient special leave once a month before or
after a weekend or a long weekend or, in the case of a shift worker, before or
after rostered days off, to return home to spend two days and two nights with
the family.
If
the staff member wishes to return home more often, such staff member may be
granted recreation leave, extended leave, negotiate local arrangements, or
leave without pay, if the operational requirements allow.
h) Return Home When Transferred to New
Location:
Special
leave shall be granted to a staff member who has moved to the new location
ahead of dependants, to visit such dependants, subject to the conditions
specified in the Crown Staff members (Transferred Officers Compensation) Award
which is contained in the Personnel Handbook.
i) A staff member who identifies as an
Aborigine or a Torres Strait Islander may be granted up to one day’s special
leave per year to enable the staff member to participate in the National
Aborigines and Islander Day of Commemoration celebrations.
j) Service as a Volunteer:
The
Commissioner may grant special leave for volunteers as outlined in the
Volunteer clause in this Award.
k) Special Leave - Other Purposes:
Special
leave on full pay may be granted to staff members by the Commissioner for such
other purposes, subject to the conditions specified in the Personnel Handbook at
the time the leave is taken.
80 Staff Personal & Professional
Development and Training
Activities
a) For
the purpose of this clause, the following shall be regarded as staff personal
and professional development and training activities:
(1) all
developmental courses conducted by a New South Wales Public Sector organisation
(or approved provider) and all courses conducted by or in association with the
Rural Fire Service;
(2) short
educational and training courses conducted by generally recognised public or
private educational bodies; and
(3) conferences,
conventions, seminars, or similar activities conducted by professional, learned
or other generally recognised societies, including Federal or State Government
bodies or approved for attendance by the Rural Fire Service.
b) For
the purposes of this subclause, the following shall not be regarded as staff
development and training activities:
(1) activities
for which study assistance is appropriate;
(2) activities
to which other provisions of this Award apply (e.g. courses conducted by the
Association); and
(3) activities
which are of no specific relevance to the Rural Fire Service or the New South
Wales Public Sector.
c) Attendance
of a staff member at activities considered by the Commissioner to be:
(1) essential
for the efficient operation of the Rural Fire Service; or
(2) developmental
and of benefit to the Rural Fire Service and/or the New South Wales public
sector;
(3) in
the best interests of the staff member and the Rural Fire Service if done by
way of a block release bearing in mind staffing and other requirements of the
section;
shall be regarded as on duty for the purpose
of payment of salary if a staff member attends such an activity during normal
working hours.
d) The
following provisions shall apply, as appropriate, to the activities considered
to be essential for the efficient operation of the Rural Fire Service:
(1) recognition
that the staff members are performing normal duties during the course;
(2) adjustment
for the hours so worked under the working hours arrangements;
(3) payment
of course fees;
(4) payment
of all actual necessary expenses or payment of allowances in accordance with
this Award, provided that the expenses involved do not form part of the course
and have not been included in the course fees; and
(5) payment
of overtime where the activity could not be conducted during the staff member's
normal hours and the Commissioner is satisfied that the approval to attend
constitutes a direction to work overtime under the Shift Work and Overtime
clause in this Award.
(6) such
other conditions as may be considered appropriate by the Commissioner given the
circumstances of attending at the activity, such as compensatory leave for
excess travel or payment of travelling expenses.
e) The
following provisions shall apply, as appropriate, to the activities considered
to be development and of benefit to the Rural Fire Service:
(1) recognition
of the staff member as being on duty during normal working hours whilst
attending the activity;
(2) payment
of course fees;
(3) reimbursement
of any actual necessary expenses incurred by the staff member for travel costs,
meals and accommodation, provided that the expenses have not been paid as part
of the course fee; and
(4) such
other conditions as may be considered appropriate by the Commissioner given the
circumstances of attending at the activity, such as compensatory leave for
excess travel or payment of travelling expenses.
f) Where
the training activities are considered to be principally of benefit to the
staff member and of indirect benefit to the public service, special leave of up
to 10 days per year shall be granted to a staff member.
If additional leave is required and the
Commissioner is able to release the staff member, such leave shall be granted
as a charge against available agreed absences, recreation/extended leave or as
leave without pay.
g) Higher
Duties Allowance:
Payment of a higher duties allowance is to
continue where the staff member attends a training or developmental activity
whilst on duty in accordance with this subclause.
81 Study
Assistance
a) The Commissioner shall have the power
to grant or refuse study time.
b) Where the Commissioner approves the
grant of study time, the grant shall be subject to:
(1) the course being a course relevant to
the Rural Fire Service and/or the public service;
(2) the time being taken at the convenience
of the Rural Fire Service; and
(3) paid study time not exceeding a maximum
of 4 hours per week.
c) Study leave may be granted to both full
and part-time staff members.
Part-time
staff members however shall be entitled to a pro-rata allocation of study leave
to that of a full-time staff member.
d) Study leave may be used for:
(1) attending compulsory lectures,
tutorials, residential schools, field days etc., where these are held during
working hours; and/or
(2) necessary travel during working hours to
attend lectures, tutorials etc., held during or outside working hours; and/or
private study; and/or accumulation, subject to the conditions specified in
subclauses (f) to (j) of this clause in this Award.
e) Staff members requiring study time must
nominate the type(s) of study time preferred at the time of application and
prior to the proposed commencement of the academic period. The types of study time are as follows:
(1) Face-to-Face --- Staff members may elect
to take weekly and/or accrued study leave, subject to the provisions for its
grant.
(2) Correspondence --- Staff members may
elect to take weekly and/or accrued study time, or time off to attend
compulsory residential schools.
(3) Accumulation --- Staff members may
choose to accumulate part or all of their study time as provided in subclauses
(f) to (j) of this clause in this Award.
f) Accumulated study time may be taken in
any manner or at any time, subject to operational requirements of the Rural
Fire Service.
g) Staff members on rotating shifts may
accumulate study time so that they can take leave for a full shift, where this
would be more convenient to both the staff member and the Rural Fire Service.
h) Where at the commencement of an
academic year/semester a staff member elects to accrue study time and that
staff member has consequently foregone the opportunity of taking weekly study
time, the accrued period of time off must be granted even if changed work
circumstances mean absence from duty would be inconvenient.
i) Staff members attempting courses which
provide for annual examinations, may vary the election as to accrual, made at
the commencement of an academic year, effective from 1st July in that year.
j) Where a staff member is employed after
the commencement of the academic year, weekly study leave may be granted with
the option of electing to accrue study leave from 1st July in the year of entry
on duty or from the next academic year, whichever is the sooner.
k) Staff members studying in semester
based courses may vary their election as to accrual or otherwise from semester
to semester.
l) Correspondence Courses --- Study time
for staff members studying by correspondence accrues on the basis of half an
hour for each hour of lecture/tutorial attendance involved in the corresponding
face-to-face course, up to a maximum grant of 4 hours per week.
Where
there is no corresponding face-to-face course, the training institution should
be asked to indicate what the attendance requirements would be if such a course
existed.
m) Correspondence students may elect to
take weekly study time and/or may accrue study time and take such accrued time
when required to attend compulsory residential schools.
n) Repeated subjects --- Study leave shall
not be granted for repeated subjects.
o) Expendable grant --- Study leave if not
taken at the nominated time shall be forfeited.
If
the inability to take study leave occurs as a result of a genuine emergency at
work, study time for that week may be granted on another day during the same
week.
p) Examination Leave --- Examination leave
shall be granted as special leave for all courses of study approved in
accordance with this clause.
q) The period granted as examination leave
shall include:
(1) time actually involved in the
examination;
(2) necessary travelling time, in addition
to examination leave,
but
is limited to a maximum of 5 days in any one-year.
Examination
leave is not available where an examination is conducted within the normal
class timetable during the term/semester and study time has been granted to the
staff member.
r) The examination leave shall be granted
for deferred examinations and in respect of repeat studies.
s) Study Leave --- Study leave for
full-time study is granted to assist those staff members who win
scholarships/fellowships/awards or who wish to undertake full-time study and/or
study tours. Study leave may be granted
for studies at any level, including undergraduate study.
t) All staff members are eligible to
apply and no prior service requirements are necessary.
u) Study leave shall be granted without
pay, except where the Commissioner approves financial assistance.
The
extent of financial assistance to be provided shall be determined by the
Commissioner according to the relevance of the study to the workplace and may
be granted up to the amount equal to full salary.
v) Where financial assistance is approved
by the Commissioner for all or part of the study leave period, the period shall
count as service for all purposes in the same proportion as the quantum of
financial assistance bears to full salary of the staff member.
w) Scholarships for Part-Time Study --- In
addition to the study time/study leave provisions under this subclause, the
Rural Fire Service may choose to identify courses or educational programmes of
particular relevance or value and establish a Rural Fire Service scholarship to
encourage participation in these courses or programmes.
The
conditions under which such scholarships are provided should be consistent with
the provisions of this clause.
16. Volunteer Leave
82 Staff members who are
volunteer members
(a) Staff
members who are volunteer members of, but not limited to:
• NSW
Rural Fire Service;
• Bushwalkers’
Federation;
• Cave
Rescue Association;
• State
Emergency Service;
• Royal
Volunteer Coastal Patrol;
• Volunteer
Rescue Association of NSW (or affiliated groups); or
• Wireless
Institute Civil Emergency Network;
• Australian
Volunteer Coast Guard Association.
may be granted special leave of up to 5 days
in any period of 12 months for the purpose of assisting as volunteers in one of
the above-mentioned organisations.
(b) However,
this situation does not cover declared emergencies as described in the next
sub-clause (c) of this clause.
(c) An
staff member who is a volunteer as described in this clause requires the
permission of their supervisor prior to attend any callout either before or
with pre-approval.
(d) A
supervisor may only approve of a volunteer attending a callout if it will have
minimal affect on the normal routine of the office.
83 Declared
emergencies
(a) If
a situation arises requiring an incident response, or an incident is declared
under section 44 of the Rural Fires Act
1997 or a State of Emergency is declared under the SERM Act, staff who
volunteer to assist are granted special leave with no limit.
(b) Leave
granted under this sub-clause of up to 5 days is in addition to any leave
granted in the previous sub-clause.
(c) Volunteers
may attend subject to the provisions of this clause.
84 Proof of attendance at emergencies
(a) An
application for leave must be accompanied by a statement from the Incident
Controller, the Local or Divisional Controller, or the Police, certifying the
times of attendance.
(b) The
leave application should indicate the period and area of attendance together
with the name of the organisation to which the volunteer member belongs.
85 Rest Periods
(a) If
a volunteer staff member remains on emergency duty for several days, the
Commissioner may grant special leave to allow reasonable time for recovery
before returning to duty.
(b) If
a volunteer staff member assists in a rescue or major incident at a time such
that it would be unreasonable to expect them to report for duty at the normal
time, the Commissioner may grant up to 1 day special leave for rest.
(c) In
the emergency referred to in the preceding two paragraphs is not a declared
emergency, the leave granted is included in the general 5 day annual limit
prescribed in paragraph (a) above.
86 Bush Fire Fighting Training Courses
(a) Rural
Fire Service volunteers nominated to attend courses approved by the Rural Fire
Service or by organisations recognised by the Rural Fire Service are to be
granted the necessary special leave to attend, up to a maximum of 10 working
days in any period of 12 months.
(b) Approval
of leave is subject to the Rural Fire Service’s convenience and written
confirmation of attendance.
87 State Emergency Service Courses
(a) If
the Director-General of State Emergency Service considers it essential that an
SES volunteer staff member attend a course of training or lectures, the
Commissioner should make every effort to release the staff member from
duty. If the staff member is so
released, the necessary absence from work is regarded as being on duty.
(b) The
Director-General of the State Emergency Service may nominate SES volunteer
staff members for attendance at courses of training or lectures when their
attendance is not regarded as essential. In these circumstances special leave
may be granted for the time staff members are absent from duty.
(c) A
certificate of attendance is not necessary.
The State Emergency Service will advise the Rural Fire Service whether
attendance is required and any non‑attendance will be reported to the
Rural Fire Service.
88 Other Courses with Volunteer Groups as
Listed Above
The Commissioner may grant special leave to
attend training courses for any other approved voluntary group as listed above.
17. Shift Work
a) Shift Loadings:
A
shift worker employed on a shift shall be paid, for work performed during the
ordinary hours of any such shift, ordinary rates plus the following additional
shift loadings depending on the commencing times of shifts:
Day - at or after 6am and before 10am Nil
Afternoon - at or after 10am and before 1pm 10%
Afternoon - at or after 1pm and before 4pm 12½%
Night - at or after 4pm and before 4am 15%
Night - at or after 4am and before 6am 10%
b) The loadings specified in subclause (a)
of this clause shall only apply to shifts worked from Monday to Friday.
c) Weekends and Public Holidays:
For
the purpose of this clause any shift, the major portion of which is worked on a
Saturday, Sunday or Public Holiday shall be deemed to have been worked on a
Saturday, Sunday or Public Holiday and shall be paid as such.
d) Saturday Shifts:
Shift
workers working on an ordinary rostered shift between midnight on Friday and
midnight on Saturday which is not a public holiday, shall be paid for such
shifts at ordinary time and one half.
e) Sunday Shifts:
Shift
workers working on an ordinary rostered shift between midnight on Saturday and
midnight on Sunday which is not a public holiday, shall be paid for such shifts
at ordinary time and three quarters.
f) Public Holidays:
With
the exception of classifications listed in Part B, Schedule C to this Award,
the following shall apply:
(1) where a shift worker is required to and
does work on a Public Holiday, the shift worker shall be paid at two and a half
times the rate for time worked.
Such
payment shall be in lieu of weekend or shift allowances which would have been
payable if the day had not been a Public Holiday;
(2) a shift worker rostered off duty on a
Public Holiday shall be paid one day’s pay for that Public Holiday or have one
day added to his/her annual holidays for each such day;
g) Category A of Schedule C in Part B:
Shift
workers employed in the classifications specified in Category A of Schedule C
to this Award shall receive the following:
(1) For ordinary rostered time worked on a
Saturday --- ordinary salary and an additional payment at the rate of half
time.
(2) For ordinary rostered time worked on a
Sunday --- ordinary salary and an additional payment at the rate of three
quarter time.
(3) When rostered off on a public
holiday --- ordinary salary and an
additional day’s pay.
(4) When rostered on and works on a public
holiday --- ordinary salary and an additional payment at the rate of time and a
half.
(5) Annual leave at the rate of four weeks
per year, that is 20 working days plus 8 rest days.
(6) Additional leave on the following basis:
|
Number
of ordinary shifts worked on Sunday and/or public holiday during a qualifying
period of 12 months from 1 December one year to 30 November the next year
|
Additional leave in days
|
|
4
- 10
11
- 17
18
- 24
25
- 31
32
or more
|
1
2
3
4
5
|
h) Category B of Schedule C in Part B:
Shift
workers employed in the classifications specified in Part B of Schedule B to
this Award shall receive the following:
(1) For ordinary rostered time worked on a
Saturday --- ordinary salary and an additional payment at the rate of half
time.
(2) For ordinary rostered time worked on a
Sunday --- ordinary salary and an additional payment at the rate of three
quarter time.
(3) When rostered off on a public holiday
--- no additional compensation or payment.
(4) When rostered on and works on a public
holiday - ordinary salary and an additional payment at the rate of half time.
(5) Annual leave at the rate of six weeks
per year, that is 30 working days plus 12 rest days.
(6) Additional payment on the following
basis:
|
Number
of ordinary shifts worked on Sundays and/or public holidays during a
qualifying period of payment 12 months from 1 December one year to
30
November the next year
|
Additional payment
|
|
4
- 10
11
- 17
18
- 24
25
- 31
32
or more
|
20% of one week’s ordinary salary
40% of one week’s ordinary salary
60% of one week’s ordinary salary
80% of one week’s ordinary salary
100% of one week’s ordinary salary
|
(7) The additional payment in terms of
paragraph (6) of subclause (h) of this clause shall be made after 1 December
each year for the preceding 12 months.
(8) Where the shift worker retires or the employment
of a shift worker is terminated by the employer, any payment that has accrued
from the preceding 1 December until the last day of service shall be paid to
the shift worker;
(9) Payment shall be made at the rate
applicable as at 1 December each year or at the salary rate applicable at the
date of retirement or termination.
i) Rosters:
Rosters
covering a minimum period of 28 days, where practicable, shall be prepared and
issued at least 7 days prior to the commencement of the rosters.
Each
roster shall indicate the starting and finishing time of each shift.
Where
current or proposed shift arrangements are incompatible with the shift worker’s
family, religious or community responsibilities, every effort to negotiate
individual alternative arrangements shall be made by the Commissioner.
j) Notice of Change of Shift:
A
shift worker who is required to change from one shift to another shift shall,
where practicable, be given forty eight (48) hours notice of the proposed
change.
k) Breaks between Shifts:
A
minimum break of eight (8) consecutive hours between ordinary rostered shifts
shall be given.
l) If a shift worker resumes or continues
to work without having had eight (8) consecutive hours off duty, the shift
worker shall be paid overtime in accordance with the Overtime Worked by Shift
Workers clause in this Award until released from duty for eight (8) consecutive
hours.
The
shift worker will then be entitled to be off duty for at least eight (8)
consecutive hours without loss of pay for ordinary working time which falls
during such absence.
m) Time spent off duty may be calculated by
determining the amount of time elapsed after:
(1) the completion of an ordinary rostered
shift; or
(2) the completion of authorised overtime;
or
(3) the completion of additional travelling
time, if travelling on duty, but shall not include time spent travelling to and
from the workplace.
18. Overtime
89 Overtime - General
a) A staff member may be directed by the
Commissioner to work overtime, provided it is reasonable for the staff member
to be required to do so.
In
determining what is reasonable, the staff member’s prior commitments outside
the workplace, particularly their family responsibilities, community
obligations or study arrangements shall be taken into account. Consideration
shall be given also to the urgency of the work required to be performed during
overtime, the impact on the operational commitments of the organisation and the
effect on client services.
b) Payment for overtime shall be made only
where the staff member works directed overtime.
Payment
of such overtime shall be calculated on base salary in accordance with the
Salaries Schedule in this Award (not the salary including an annualised
allowance).
c) Payment for overtime worked and/or
on-call (standby) allowance shall not be made under this clause if the staff
member is eligible, under any other industrial instrument, to:
(1) compensation specifically provided for
overtime and/or on-call (standby) allowance; or
(2) be paid an allowance for overtime and/or
on-call (standby) allowance; or
(3) a rate of salary which has been
determined as inclusive of overtime and/or on-call (standby) allowance.
90 Overtime
Worked by Shift Workers
a) The following rates are payable for any
overtime worked by shift workers and shall be in substitution of and not
cumulative upon the rates payable for shift work performed on Monday to Friday,
Saturday, Sunday or Public Holiday.
(1) Monday-Friday:
All
overtime worked by shift workers Monday to Friday inclusive, shall be paid for
at the rate of time and one half for the first two hours and double time
thereafter.
(2) Saturday:
All
overtime worked by shift workers on Saturday, shall be paid for at the rate of
time and one half for the first two hours and double time thereafter.
(3) Sunday:
All
overtime worked by shift workers on a Sunday shall be paid for at the rate of
double time.
(4) Public Holidays:
All
overtime worked on a public holiday shall be paid for at the rate of double
time and one half.
b) Eight Consecutive Hours Break on
Overtime:
When
overtime is necessary, wherever reasonably practicable, it shall be arranged so
that shift workers have at least eight (8) consecutive hours off duty.
c) The rest period off duty shall be not
less than eight (8) consecutive hours when the overtime is worked for the
purpose of changing shift rosters except where an arrangement between shift
workers alters the ordinary rostered shift and such alteration results in a
rest period of less than eight (8) hours.
d) Daylight Saving:
In
all cases where a shift worker works during the period of changeover to and
from daylight saving time, the shift worker shall be paid the normal rate for
the shift.
91 Overtime Worked by Day Workers
a) The provisions of this sub-clause shall
not apply to:
(1) Shift workers as defined in the
Definitions clause of this Award and to whom provisions of the Shift Work and
Overtime Worked by Shift Workers clauses of this Award apply;
(2) staff members covered by formal local
arrangements in respect of overtime negotiated between the Commissioner and the
Association;
(3) staff members to whom overtime
provisions apply under another industrial instrument;
(4) staff members whose salary includes
compensation for overtime;
(5) staff members who receive an allowance
in lieu of overtime such as the annualised allowance payable under this Award;
and
(6) Duty Officers, State Emergency Services
during flood alerts on weekends and public holidays except as provided in the
Compensation for Additional Hours Worked by Duty Officer, State Emergency
Services clause of this clause.
b) Rates - Overtime shall be paid at the
following rates:
(1) Weekdays (Monday to Friday inclusive):
At
the rate of time and one-half for the first two hours and at the rate of double
time thereafter for all directed overtime worked outside the staff member’s
ordinary hours of duty, unless local arrangements negotiated in terms of the
Local Arrangements clause of this Award apply;
(2) Saturday:
All
overtime worked on a Saturday at the rate of time and one-half for the first
two hours and at the rate of double time thereafter;
(3) Sundays:
All
overtime worked on a Sunday at the rate of double time;
(4) Public Holidays:
All
overtime worked on a public holiday at the rate of double time and one half.
c) If a staff member is absent from duty
on any working day during any week in which overtime has been worked the time
so lost may be deducted from the total amount of overtime worked during the
week unless the staff member has been granted leave of absence or the absence
has been caused by circumstances beyond the staff member’s control.
d) A staff member who works overtime on a
Saturday, Sunday or public holiday, shall be paid a minimum payment as for
three (3) hours work at the appropriate rate.
e) Rest Periods:
(1) A staff member who works overtime shall
be entitled to be absent until eight (8) consecutive hours have elapsed.
(2) Where a staff member, at the direction
of the supervisor, resumes or continues work without having had eight (8)
consecutive hours off duty then such staff member shall be paid at the
appropriate overtime rate until released from duty.
(3) The staff member shall then be entitled
to eight (8) consecutive hours off duty and shall be paid for the ordinary
working time occurring during the absence.
92 Recall
to Duty
a) A staff member recalled to work
overtime after leaving the employer’s premises shall be paid for a minimum of
three (3) hours work at the appropriate overtime rates.
b) The staff member shall not be required
to work the full three (3) hours if the job can be completed within a shorter
period.
c) When a staff member returns to the
place of work on a number of occasions in the same day and the first or
subsequent minimum pay period overlap into the next call out period, payment
shall be calculated from the commencement of the first recall until either the
end of duty or three (3) hours from the commencement of the last recall,
whichever is the greater.
Such
time shall be calculated as one continuous period.
d) When a staff member returns to the
place of work on a second or subsequent occasion and a period of three (3)
hours has elapsed since the staff member was last recalled, overtime shall only
be paid for the actual time worked in the first and subsequent periods with the
minimum payment provision only being applied to the last recall on the day.
e) A recall to duty commences when the
staff member starts work and terminates when the work is completed.
A
recall to duty does not include time spent travelling to and from the place at
which work is to be undertaken.
f) A staff member recalled to duty within
three (3) hours of the commencement of usual hours of duty shall be paid at the
appropriate overtime rate from the time of recall to the time of commencement
of such normal work.
g) This subclause shall not apply in cases
where it is customary for a staff member to return to the Rural Fire Service’s
premises to perform a specific job outside the staff member’s ordinary hours of
duty, or where overtime is continuous with the completion or commencement of
ordinary hours of duty.
Overtime
worked in these circumstances shall not attract the minimum payment of three
(3) hours unless the actual time worked is three (3) or more hours.
93 On
call (Stand-by)
a) When a staff member is directed to be
on call or on stand-by for a possible recall to duty, payment of an on call
allowance shall be made.
b) Where a rate of on call allowance has
not already been determined for the staff member as at the date of the making
of this Award, the rate shown in item 13 of Table 1 - Allowances of Part B
Monetary Rates shall be made for the duration of on call (stand-by).
94 Overtime
Meal Breaks
a) Staff members not working flexible
hours:
A
staff member required to work overtime on weekdays for an hour and a half or
more after the staff member’s ordinary hours of duty on weekdays, shall be
allowed 30 minutes for a meal and thereafter, 30 minutes for a meal after every
five hours of overtime worked.
b) Staff member working flexible work
hours arrangements:
A
staff member required to work overtime on weekdays beyond 6.00 p.m. and until
or beyond eight and a half hours after commencing duty plus the time taken for
lunch, shall be allowed 30 minutes for a meal and thereafter, 30 minutes for a
meal after every five hours of overtime worked.
c) Staff Members Generally:
A
staff member required to work overtime on a Saturday, Sunday or Public Holiday,
shall be allowed 30 minutes for a meal after every five hours of overtime
worked.
A
staff member who is unable to take a meal break and who works for more than
five hours shall be given a meal break at the earliest opportunity.
95 Overtime
Meal Allowances
a) If an adequate meal is not provided by
the Rural Fire Service, a meal allowance shall be paid by the Rural Fire
Service at the appropriate rate specified in Item 19 of Table 1 - Allowances
Part B, Monetary Rates, provided the Commissioner is satisfied that:
(1) the time worked is directed overtime;
(2) the staff member properly and reasonably
incurred expenditure in obtaining the meal in respect of which the allowance is
sought;
(3) where the staff member was able to cease
duty for at least 30 minutes before or during the working of overtime to take
the meal, the staff member did so; and
(4) overtime is not being paid in respect of
the time taken for a meal break.
b) Notwithstanding the above provisions,
nothing in this clause shall prevent the Commissioner and the Association from
negotiating different meal provisions under a local arrangement.
96 Rate
of Payment for Overtime
A
staff member whose salary, or salary and allowance in the nature of salary,
exceeds the maximum rate for RFS Officer Level 9, as varied from time to time,
shall be paid for working directed overtime at the maximum rate for RFS Officer
Level 9 plus $1.00, unless the Commissioner approves payment for directed
overtime at the staff member’s salary or, where applicable, salary and
allowance in the nature of salary.
97 Payment
for Overtime or Leave in Lieu
a) The Commissioner shall grant
compensation for directed overtime worked either by payment at the appropriate
rate or, if the staff member so elects, by the grant of leave in lieu in
accordance with subclause (b) of this clause.
b) The following provisions shall apply to
the leave in lieu:
(1) the staff member shall advise the
supervisor before the overtime is worked or as soon as practicable on
completion of overtime, that the staff member intends to take leave in lieu of payment;
(2) the leave shall be calculated at the
same rate as would have applied to the payment of overtime in terms of this
clause.
(3) the leave must be taken at the
convenience of the Rural Fire Service, except when leave in lieu is being taken
to look after a sick family member. In
such cases, the conditions set out in the Sick Leave to Care for a Family
Member clause apply.
(4) the leave shall be taken in multiples of
a quarter day, unless debiting of leave in hours or in fractions of an hour has
been approved by the Commissioner;
(5) leave in lieu accrued in respect of
overtime worked on days other than public holidays, shall be given by the Rural
Fire Service and taken by the staff member within three months of accrual
unless alternate local arrangements have been negotiated between the
Commissioner and the Association
(6) at the staff member’s election, leave in
lieu accrued in respect of overtime worked on a public holiday may be added to
the staff member’s annual leave credits and may be taken in conjunction with
annual leave; and
(7) a staff member shall be paid for the
balance of any overtime entitlement not taken as leave in lieu.
98 Calculation of Overtime
a) Overtime shall not be paid if the total
period of overtime worked is less than a quarter of an hour.
b) The formula for the calculation of
overtime at ordinary rates for staff members employed on a five (5) day basis
shall be:
|
Annual salary
|
x
|
5
|
x
|
1
|
|
1
|
|
260.89
|
|
No
of ordinary hours
of
work per week
|
(c) The formula for the calculation of
overtime at ordinary rates for staff members employed on a seven (7) day basis
shall be:-
|
Annual salary
|
x
|
7
|
x
|
1
|
|
1
|
|
365.25
|
|
No
of ordinary hours
of
work per week
|
d) To determine time and one half, double
time or double time and one half, the hourly rate at ordinary time shall be
multiplied by 3/2, 2/1 or 5/2 respectively, calculated to the nearest cent.
e) Overtime is not payable for time spent
travelling.
99 Review
of Overtime Meal Allowances
a) The rates of overtime meal allowances
shall be adjusted in accordance with the provisions contained in the Review of
Allowances Payable clause in terms of this Award.
b) Where an allowance payable under the
Overtime Meal Allowances clause of this Award is insufficient to reimburse the
staff member the cost of a meal, properly and reasonably incurred, the
Commissioner shall approve payment of actual expenses.
c) Where the meal was not purchased,
payment of a meal allowance shall not be made.
d) Receipts shall be provided to the
Commissioner in support of any claims for additional expenses or when the staff
member is required to substantiate the claim.
100 Provision
of Transport in Conjunction with Working of Overtime
a) For the purpose of this sub clause,
departure or arrival after 8.00p.m. will determine whether the provisions of
this sub clause apply.
Departure
or arrival after 8.00p.m. of a staff member on overtime or a regular or
rotating shift roster, does not in itself warrant the provision of transport.
It
needs to be demonstrated that the normal means of transport, public or
otherwise, is not reasonably available and/or that travel by such means of
transport places the safety of the staff member at risk.
The
responsibility of deciding whether the provision of assistance with transport
is warranted in the circumstances set out above, rests with the Commissioner
where knowledge of each particular situation will enable appropriate judgements
to be made.
b) Arrangement of Overtime:
Where
overtime is required to be performed, it should be arranged, as far as is
reasonably possible, so that the staff member can use public transport or other
normal means of transport to and from work.
c) Provision of Taxis:
Where
a staff member:
-ceases
overtime duty after 8.00p.m., or
-ceases
or commences duty performed as part of a regular or rotating roster of shift
duty after 8.00p.m.,
and
public transport or other normal means of transport is not reasonably
available, arrangements may be made for transport home or to be provided by way
of taxi.
19. Anti‑Discrimination
(1) It is the intention of the parties bound
by this Award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent
and eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and carer
responsibilities.
(2) It follows that in fulfilling their
obligations under the dispute resolution procedure prescribed by this Award the
parties have obligations to take all reasonable steps to ensure that the
operation of the provisions of this Award are not directly or indirectly
discriminatory in their effects. It
will be consistent with the fulfilment of these obligations for the parties to
make application to vary any provision of the Award, which, by its terms or
operation, has a direct or indirect discriminatory effect.
(3) Under the Anti‑Discrimination Act 1977, it is unlawful to victimise a
staff member because the staff member has made or may make or has been involved
in a complaint of unlawful discrimination or harassment.
(4) Nothing in this clause is to be taken to
affect:
(a) any conduct or act which is specifically
exempted from anti‑ discrimination legislation;
(b) offering or providing junior rates of
pay to persons under 21 years of age;
(c) any act or practice of a body
established to propagate religion which is exempted under section 56(d) of the Anti‑Discrimination Act 1977;
(d) a party to this Award from pursuing
matters of unlawful discrimination in any State or federal jurisdiction.
(5) This clause does not create legal rights
or obligations in addition to those imposed upon the parties by the legislation
referred to in this clause.
(a) Employers and Employees May Also be
Subject to Commonwealth Anti-Discrimination Legislation.
(b) Section 56(d) of the Anti-Discrimination Act 1977 provides:
"Nothing
in the Act affects ... any other act or practice of a body established to
propagate religion that conforms to the doctrines of that religion or is
necessary to avoid injury to the religious susceptibilities of the adherents of
that religion."
20. Communications
(a) The Rural Fire Service shall provide
telecommunications and related devices such as mobile phones, faxes, two-way
radios, to staff as appropriate to carry out duties.
(b) The installation and fair and reasonable
restoration of such devices shall be at the cost of the Rural Fire Service as
approved by the Commissioner.
21. Job Evaluation
The
Commissioner may classify and grade positions using government accredited job
evaluation methodology in accordance with the Public Sector Management Act 1988.
22. Appointment
(a) The Commissioner shall appoint staff on
a permanent or temporary basis as necessary.
(b) When appointing staff to positions on
the Award, the starting salaries offered should have regard to the experience,
knowledge and level and of skills of the applicant and market conditions
required to attract and retain suitably qualified staff.
(c) The salary offered shall be within the
range for the position as shown in Part B Table 1 of the Award.
(d) The classifications under which staff
may be appointed to at the time of the making of this Award, are as follows:
(i) Head Office
(ii) Regional
(iii) District
(iv) Service Support Centre
(e) Promotion from one RFS Officer Level to
another Level shall be by merit selection in accordance with the Public Sector Management Act 1988.
23. Increments
(a) Annual
incremental progression within a level or broad-banded levels shall be:
(i) on
the anniversary of appointment to a position and
(ii) subject
to a satisfactory performance report by the Supervisor.
24. Future Salary Increases
(a) The
rates of pay in this Award shall be increased in accordance with any variation
or replacement of the Crown Employees (Public Sector - Salaries January 2000)
Award, or the Crown Employees (Senior Officers 1997) Award as they apply to
staff covered by this Award (Refer to clause 38).
(b) The
payment of the salary increases referred to in (a) above shall take into
account the requirements placed on the Rural Fire Service for finding
efficiencies and reforms as outlined in the Government’s Memorandum of
Understanding with the peak public sector unions for the payment of such pay
increases.
This commitment between the parties is
further documented in a Memorandum of Understanding between the Rural Fire
Service and the Association which recognises the payment of salary increases in
this Award are subject to demonstrated productivity and efficiency improvements
to substantiate and fund such salary increases.
25. Salary Sacrifice and Packaging
101 Salary Sacrifice - General
The Commissioner may enter into agreements
with staff for salary sacrifice for superannuation and/or other agreed benefits
within government Policy.
102 Salary
Sacrifice to Superannuation
(i) A
staff member may elect, subject to the agreement of the Rural Fire Service, to
sacrifice a portion of the salary payable 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 or thirty (30) percent of the
current applicable superannuable salary, whichever is the lesser. In this clause "superannuable
salary" means the staff member’s salary as notified from time to time, to
the NSW public sector superannuation trustee corporations.
(ii) Where
the staff member has elected to sacrifice a portion of that payable salary to
additional employer superannuation contributions:
a) subject
to Australian Taxation law, the sacrificed portion of salary will reduce the
salary subject to appropriate PAYG taxation deductions by the amount of that
sacrificed portion, and
b) any
allowance, penalty rate, payment for unused entitlements, weekly worker’s
compensation or other payment, other than any payments for leave taken in
service, to which a staff member is entitled under this Award or any applicable
Award, Act or statute which is expressed to be determined by reference to a
staff member’s salary, shall be calculated by reference to the salary which
would have applied to the staff member in the absence of any salary sacrifice
to superannuation made under this Award.
(iii) The
staff member may elect to have the portion of payable salary which is
sacrificed to additional employer superannuation contributions:
a) Paid
into the superannuation scheme established under the First State Superannuation Act 1992 as optional employer
contributions, or
b) Subject
to the Rural Fire Service’s agreement, paid into a private sector complying
superannuation scheme as employer superannuation contributions.
(iv) Where
an staff member elects to salary sacrifice in terms of Clause (iii) above, the
Rural Fire Service will pay the sacrificed amount into the relevant
superannuation fund.
(v) Where
the staff member 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.
f) The
Local Government Superannuation Scheme
Act
The Rural Fire Service must ensure that the
amount of any additional employer superannuation contributions specified in
sub-clause (i) above is included in the staff member’s superannuable salary,
which is notified to the NSW public sector superannuation trustee corporations.
(vi) Where,
prior to electing to sacrifice a portion of his/her salary to superannuation, a
staff member had entered into an agreement with the Rural Fire Service to have
superannuation contributions made to a superannuation fund other than a fund
established under legislation listed in sub-clause (iv) above, the Rural Fire
Service will continue to base contributions to that fund on the salary payable
to the same extent as applied before the staff member sacrificed portion of
that salary to superannuation.
This clause applies even though the
superannuation contributions made by the Rural Fire Service may be in excess of
superannuation guarantee requirements after the salary sacrifice is
implemented.
26. Motor Vehicles
The Rural Fire Service shall provide motor
vehicles usage to staff as appropriate where it is a requirement of their work.
27. Higher Duties
A higher duties allowance shall be paid to
staff in accordance with the related Public
Sector Management Act 1996 Regulations.
28. Part Time Work
(a) Part-time
work is permanent employment and Part-time staff members normally work fewer
hours than full-time staff members and receive all the entitlements of full
time staff members on a proportional basis.
(b) Staff
members may work part-time under this Award where it is supported by the Rural
Fire Service.
(c) Staff
members working part time must complete a part time work agreement (PTWA) with
their supervisor.
(d) The
PTWA must be in writing signed by the staff member and the supervisor and must
include:
(i) the
hours and days to be worked;
(ii) the
starting and finishing times of the staff member's shifts;
(iii) the
staff member's classification; and
(iv) the
staff member's right (if any) to return to full time work.
(e) There
is no set hours that must be worked, however the PTWA must set out the minimum
weekly hours that the staff member will work.
(f) The
maximum number of hours under the PTWA must be less than the full-time (35)
hours in this Award.
(g) The
staff member must be paid the same ordinary hourly rate as full-time staff
members under this Award. Hours worked that fall outside the ordinary span of
daily or weekly hours agreed to, shall be paid at the overtime rate in this
Award.
(h) Part
time Staff members are entitled to the same benefits as full-time staff members
under this Award calculated on a proportional basis such as leave and other
entitlements like superannuation.
(i) Annual
leave and long service leave also accrue on a proportional basis.
(j) A
PTWA can be changed by making a new written agreement between the staff member
and supervisor.
29. Job Share Arrangements
(a) Job Share is a voluntary arrangement in
which one job is shared amongst part-time staff members.
(b) Staff members may job share under this
Award where it is supported by the Rural Fire Service.
(c) Job Share arrangements are required to
be formalised in the same way the part time work arrangements are outlined in
an agreement - This agreement shall be called a job share agreement.
(d) Job Sharers perform the role of one job
and the workload and performance expectations should be similar to what would
be expected if the job was being performed by one staff member.
30. Working From Home
The Commissioner may grant approval to staff
to work from home for temporary or fixed periods.
31. Secondary (Private) Employment
The Commissioner may approve secondary
employment in accordance with the Public
Sector Management Act 1988.
a) A
staff member shall not:
(1) accept
or continue to hold or discharge the duties of or be employed in any paid
office in connection with any banking, insurance, mining, mercantile or other
commercial business, whether it is carried on by a corporation, company, firm
or individual; or
(2) engage
in or undertake any such business, whether as principal or agent; or
(3) engage
in or continue in the private practice of any profession, occupation or trade,
or enter into any employment, whether remunerative or not, with any
corporation, company, firm or individual so engaged,
except with the permission of the
Commissioner.
b) The
Commissioner may withdraw any such permission at any time.
c) Subsections
(a) and (b) are subject to any other Act that expressly applies to staff
members.
d) If
a staff member:
(1) is
the holder of an office or position; or
(2) is
engaged in any employment whatever,
other than in connection with the duties of
the staff member’s position under the Crown, the staff member must at once
notify the fact to the Commissioner.
e) If
a staff member has given a notification to the Commissioner under subsection
(d), then the Commissioner may require the staff member to resign the office or
position or to abstain from engaging in the employment.
f) Nothing
in this section prevents a staff member from accepting and continuing to hold
any office in any society established under the law relating to friendly
societies for the benefit of public servants only.
g) District
staff transferring to the RFS on 1 July, 2001 shall seek appropriate approval
for any existing or intended secondary employment or interests that may
conflict with this clause in accordance with the requirements of the Public Sector Management Act 1988.
32. Major Incident Conditions
The following conditions apply in circumstances
where an incident is declared and/or approved by the Commissioner or State of
Emergency as declared under the SERM Act until such time as the declaration of
the incident is lifted.
103 Conditions
a) For
the purpose of calculating payment for incident duty, the salary rate shall be
the staff member’s substantive or base salary.
b) Call
out to attend an incident will be paid in accordance with the provisions of
this Award.
c) All
travel to and from an incident will be paid as if part of the incident.
d) Start
and finish times:
(1) On
a normal rostered day on, start will be from normal workplace and finish will
be on return to normal workplace, plus 30 minutes.
(2) On
a rostered day off, start will be on leaving place of abode and finish will be
on return to place of abode, plus 30 minutes.
(3) Where
it is not possible to return to place of abode or normal workplace, start will
be on leaving accommodation and finish will be at the time of the call and
finishing time will be on return to accommodation, plus 30 minutes.
e) A
normal shift is 7 hours, but staff members may be required to work up to a
maximum of 12 hours. However, the initial shift following the declaration of an
incident may extend to a maximum of 16 hours within the 24hr period.
The intention of this Award is to allow
flexibility in exceptional circumstances; e.g., new crews arriving late,
unforeseeable worsening of the incident.
f) A
minimum 10-hour break, not including travelling time, must be taken between
shifts.
g) After
completion of 3 consecutive shifts on incident duties a 24-hour break, with
payment at single time rates, shall be provided before continuing with incident
duties. The 24-hour break is to be extended to 5 shifts for staff members
carrying out support functions (i.e., Catering Teams, Administration
Assistance).
h) It
is the responsibility of the Incident Controller or nominee to ensure that
reasonable shift and rest periods are adhered to.
i) If
a staff member is away from their own place of work for the purposes of
attending an incident, and are not required to work and it is not possible to
return to their home, seven hours normal pay will be paid per day until they
return home or to their usual place of work, whichever is the sooner.
j) Staff
members required to work on their allocated agreed absence will be allowed to
bank the day off to be cashed in or taken at a later date in accordance with
the work hours arrangements in this Award.
k) Staff
members directed to return from annual leave to attend an incident will be
compensated for pre-paid accommodation and return travel from their leave
destination to home at either first class rail travel or economy air travel
rate for themselves and any dependents or at official business rate if a
private vehicle is used.
Staff members will be further compensated by
single hourly rate for all hours travelled. Such staff members will have the
same option as staff members called from an agreed absence day off.
l) No
staff member shall have time deducted from pay for meal breaks unless they are
actually relieved of incident duties for the period of the break and clean-up
time, e.g., 30-45 minutes. Where meals
are provided to a staff member on the ground and eaten in conjunction with
incident duties, no deduction will be made from pay.
104 Payment Associated With Incidents
a) Payment
shall be in accordance with the shift work and overtime provisions in this
Award (excluding the provisions in the SSC clause where they may be different).
b) These
allowances shall not apply to any overtime worked.
105 Family
a) The
Rural Fire Service will compensate staff members for additional dependent care
expenses (receipts must be provided) relating to time worked during the
incident.
b) This
must be arranged with the Incident Controller as soon as practical and each
case will be assessed by the Incident Controller and approved by the
Commissioner.
106 Provision of Meals and Accommodation
whilst Working on Incident
a) The
Rural Fire Service will generally provide meals, including breakfast, lunch and
dinner, and provide supper for staff members working night shift.
b) If
no meal is supplied, a payment of an amount per meal as set out in Item 19 of
Table 1 - Allowances, of Part B, Monetary Rates, shall be made.
c) Wherever
possible, staff members will be allowed to return home or the Rural Fire
Service will provide suitable accommodation.
d) Where
returning home or to other accommodation is not possible or practical and the
staff members are required to camp, they will be paid the appropriate allowance
as set out in this Award.
107 "On call"
a) "On call" means the
requirement for staff, as defined by this Award, to respond to the Rural Fire
Services’ matters while on or off duty without necessarily returning to their
normal place of employment or residence, the response being necessary to assist
in bringing an incident to a satisfactory conclusion.
b) This
requirement does not include times when such staffs are on approved annual or
long service leave.
33. Senior Management Positions
(a) Senior
Management positions are to be created, classified and graded as Senior
Management RFS Officer Level 14, Level 15 or Level 16 in accordance with this
Award.
(b) There
is no broad-banding of the Senior Management Levels in this Award.
(c) The
terms and conditions of employment for Senior Officers shall be as per this
Award.
34. Service Support Centre
Positions
108 Roster Details
a) The Service
Support Centre will operate on a 24 hour per day, 7 days per week basis across
the whole year.
b) Roster
arrangements shall be outlined in advance for staff.
c) The rotating
roster covers a 12 week period and staff will be rostered for identical shifts
across the period and therefore across a full year.
109 Time span of each shift
a) The four
shift rosters operating each day will be:
(1) Day
Shift 09:30 - 18:30
(2) Morning
Shift 06:30 - 15:30
(3) Afternoon
Shift 14:30 - 23:30
(4) Night
Shift 22:30 - 07:30
b) Staff members
will be rostered to undertake 52 x 8-hour shifts per 12 weeks plus 4 hours
training for a total of 420 ordinary hours.
110 Staffing
Each shift will consist of a Senior Service Support Centre
Operator, RFS Officer Level 2/3 and a Service Support Centre Operator, RFS
Officer Level 1.
111 Penalty rate calculation
a) The penalty
rates to be applied to each shift shall be calculated as per the Shift Work and
Overtime clauses in this Award.
b) Shift
penalties where the majority of work is undertaken on a Monday to Friday are:
(1) Day Shift Nil
(2) Morning Shift Nil
(3) Afternoon Shift 12.5%
(4) Night Shift 15%
c) A 50% shift
penalty will apply where the majority of work is undertaken on a Saturday.
d) A 75% shift
penalty will apply where the majority of work is undertaken on a Sunday.
e) The weekend
penalties are in substitution for normal shift penalties and not in addition
thereto.
f) An additional
payment at 150% of an ordinary day’s pay will be made where the majority of
work is undertaken on a Public Holiday.
g) An additional
days pay at ordinary rates will be paid where a staff member is not rostered on
duty on a Public Holiday.
112 Calculation of Average Shift Penalties
a) The
Association and the Rural Fire Service has ‘averaged out’ the shift and weekend
penalties for all Senior Service Support Centre Operators and Service Support
Centre Operators.
b) The scheme
allows Senior Service Support Centre Operators and Service Support Centre
Operators to receive a consistent fortnightly salary payment, which would
remove the need for frequent salary adjustment because of rotating shift
arrangements.
c) The
calculation of the "averaging shift" rate based on the 12 week roster
is as follows:
|
10 Day shifts at 8 hours per shift
|
80 hours
|
|
10 Morning shifts at 8 hours per shift
|
80 hours
|
|
10 Afternoon shifts at 8 hours per shift with a 12.5%
penalty
|
90 hours
|
|
10 Night shifts at 8 hours per shift with a 15% penalty
|
92 hours
|
|
6 Saturday shifts at 8 hours per shift with a 50% penalty
|
72 hours
|
|
6 Sunday shifts at 8 hours per shift with a 75% penalty
|
84 hours
|
|
4 Hours training provision
|
|
|
Total payment
|
502 hours
|
502 paid hours divided by 420 x 100% = 119.52%
(Loading = 19.52%)
d) The average
shift penalty allowance is paid for all normal rostered work undertaken plus
during periods of annual leave, sick leave and family and community leave.
e) The Average
Shift Penalty allowance will not compensate for Public Holidays, overtime
worked and during periods of extended leave, adoption, maternity, paternity
leave, military leave, special leave and study leave.
f) Public
Holidays and overtime will be paid at the appropriate Award rate.
113 Annual Leave and Leave Loading
a) Senior and
Service Support Centre Operators will be entitled to 4 weeks annual leave,
which includes four weekends or rest days.
b) Payment for
leave loading is not paid as the Average Shift Penalties allowance attracts a
higher remuneration level.
114 Public Holidays
a) Senior Service
Support Centre Operator and Service Support Centre Operators working rostered
shifts on a Public Holiday will receive ordinary salary for all normal hours
plus an additional payment of one and one half times ordinary salary for all
normal time worked.
Such payments are in lieu of weekend and shift
penalties and Average Shift Penalty allowance.
b) Senior Service
Support Centre Operators and Service Support Centre Operators not rostered on
duty on a public holiday will receive a day's pay paid at ordinary salary. Such payment would not include any weekend
and shift penalties and Average Shift Penalty allowance.
115 Additional Payment for Sundays and Public
Holidays
a) Senior Service
Support Centre Operators and Service Support Centre Operators will be paid an
allowance after 1 December each year from the proceeding twelve months, or part
thereof, for work undertaken as per the following basis:
|
Number of ordinary
shifts worked on Sundays and/or Public Holidays
|
Additional Payment
|
|
4 -10
|
20% of one week’s
ordinary pay
|
|
11-17
|
40% of one week’s
ordinary pay
|
|
18-24
|
60% of one week’s
ordinary pay
|
|
25-31
|
80% of one week’s
ordinary pay
|
|
32 or more
|
100% of one week’s
ordinary pay
|
116 Leave Entitlements
a) Senior Service
Support Centre Operators and Service Support Centre Operators are entitled to
the normal provisions applying to staff members appointed under the Public Sector Management Act 1988 and
covered by this Award.
b) With the
operational of an eight-hour shift all leave taken will be calculated on an
hourly basis.
117 Lunch Roster
a) The shift
roster outlined above provides for a one-hour lunch break.
b) A 30-minute
lunch break for all staff shall be provided across all shifts.
c) The Rural Fire
Service will maintain its ongoing support to flexible work practices to assist
staff meet their family and community service commitments on a case-by-case
basis.
118 Opportunities for Training and Personal
Development
a) The
twelve-week shift roster dedicates four hours to operational training which
will be undertaken during normal business hours Monday to Friday.
119 Restriction on Taking Leave
a) Operational
requirements during the Bush Fire Season may restrict Senior Service Support
Centre Operators and Service Support Centre Operators taking annual leave.
b) The Rural Fire
Service will maintain its commitment to consider individual requests for leave
due to personal and family needs under the Family and Community Services Leave
clause in this Award.
120 Casual Rates for Emergency Replacements
a) The Rural Fire
Service recognises that from time to time the need to engage casual staff
members to meet absences by Senior Service Support Centre Operators and Service
Support Centre Operators.
b) The payment
of casual staff will be calculated on the following basis:
(1) Ordinary
salary for the classification plus relevant shift penalties plus 15% casual
loading plus 1/12th in lieu of annual leave.
121 Occupational Health & Safety
a) The Rural Fire
Service will continue to maintain and monitor and review the OH&S plan
specifically covering the shift arrangements in the Service Support Centre via
the Joint Consultative Committee JCC.
35. District
Support Staff/Fleet Positions
122 Training and Multiskilling
a) Following the
provision of adequate in house training, district support staff/fleet shall be
required to undertake a range of basic cross-classification activities within
statutory limitations.
b) District
support staff/fleet shall be required to undertake such cross classification
activities when there is insufficient work in a staff members normal
classification or where the reallocation of staff is required to meet the Rural
Fire Service’s exigencies.
c) Any district
support staff/fleet undertaking cross-classification activities in terms of the
above is required to carry out those activities in a responsible and competent
manner.
123 Apprentices
The Rural Fire Service may enter into arrangements to engage
Apprentices from time to time.
36. Discipline
And Conduct Of Officers
The discipline and conduct of staff members of the Rural
Fire Service shall be in accordance with Part 5 of the Public Sector Management Act 1988.
37. Transitional
Arrangements
a) Staff
shall be transferred to the new classification of RFS Officer on their existing
salaries and retain increment dates for the purpose of annual incremental
progression as applicable.
b) No
staff member covered by this Award shall suffer a reduction in the rate of pay
or any loss or diminution of any conditions of employment as a consequence of
the making of this Award as at the date of the making of this award and until
such time as the salaries and conditions in this Award exceed those salaries
and conditions applicable at the time of the making of this Award.
c) Further
to the provisions of subclause b) of this clause, District Staff on transfer to
the Rural Fire Service from 1 July 2001 shall, in accordance with the
appropriate provisions of the Rural Fires
Amendment Act 2000 be entitled where appropriate to maintain identified
benefits.
(1) Where
not otherwise covered, a District staff member may submit to the Commissioner
those entitlements that they perceive to be more beneficial than those
provisions in this Award and these entitlements shall be subject to
verification in accordance with legislation.
(2) These
entitlements shall apply until such time as the affected staff member vacates
the position and subsequently becomes covered by all the conditions of this
Award.
38. Relationship To Other Awards
a) Should
there be a variation to the Crown Employees (Public Sector - Salaries January
2000) Award, or the Crown Employees (Senior Officers 1997) Award, or an Award
replacing them, during the term of this Award, by way of salary increase, or
other benefit to the public service, this Award shall be varied to give effect
to any such salary increase, or other benefit, from the operative date of the
variation of the former Award, or replacement Award (Refer to clause 24).
b) An
application shall be made for this Award to be moved in line with any variation
to the Crown Employees (Public Service Conditions of Employment 1997) Award, or
an Award replacing it, in so far as it may affect clauses referred to in that
Award that have been replicated in this Award (Refer to clause 13, sub-clause
46).
c) Where
there may be inconsistencies between this Award and the Crown Employees (Public
Service Conditions of Employment 1997) Award, or any other public service
award, agreement or industrial instrument that would otherwise cover staff of
the Rural Fire Service, the arrangements in this Award shall prevail.
39. Area, Incidence And Duration
a) This Award
shall apply to all staff employed in the Rural Fire Service with the exception
of those persons under Senior Executive Officer employment contract
arrangements.
b) This Award
varies those parts of the following awards as they would have applied to staff
under this award:
(i) Crown
Employees (Senior Officers Salaries 1997) Award;
(ii) Crown
Employees (Public Service Conditions of Employment 1997) Award; and
(iii) Crown
Employees (Public Sector - Salaries January 2000) Award as it applies to the
classification of Administrative and Clerical Officers Salaries
c) This Interim
Award shall take effect from 26 June 2001 and shall remain in force thereafter
for a period of 8 weeks as an interim award in accordance with Section 16 (4)
of the Industrial Relations Act 1996.
40. Leave Reserved
a) During the
term of this Award, the parties may pursue claims as allowed by Chapter 2 Part
2 of the NSW Industrial Relations Act,
1996. Under the Act, items may be
raised for discussion with a view to achieving mutually agreed variations
during the life of this Award.
b) The parties
shall continue discussions in relation to the identification of Category B
positions as defined in the Annualised Allowance clause of this Award.
c) The parties
shall review the provisions of the Annualised Allowance clause in this Award in
light of accurate and valid data collected prior to the expiration of this
award.
PART B
MONETARY RATES
124
Part B - Monetary Rates - Table 1 - Allowances
|
Item No.
|
Clause No.
|
Description
|
Amount
$
|
|
1
|
|
Capital cities and high cost country centres (see list in
item 2)
|
|
|
|
18(1)
|
Breakfast Allowance
|
$16.05
|
|
|
18(2)
|
Evening Meal Allowance
|
$30.80
|
|
|
18(3)
|
Lunch Allowance
|
$17.90
|
|
|
|
Other country centres (see list in item 2)
|
|
|
|
18(1)
|
Breakfast Allowance
|
$14.30
|
|
|
18(2)
|
Evening Meal Allowance
|
$28.25
|
|
|
18(3)
|
Lunch Allowance
|
$16.40
|
|
2
|
|
Accommodation Allowance (including meals and incidental
expenses in first 35 days:
|
|
|
|
19(2)(a)
|
Capital Cities
|
|
|
|
|
Adelaide
|
$183.00
|
|
|
|
Brisbane
|
$191.00
|
|
|
|
Canberra
|
$164.00
|
|
|
|
Darwin
|
$183.00
|
|
|
|
Hobart
|
$159.00
|
|
|
|
Melbourne
|
$235.00
|
|
|
|
Perth
|
$196.00
|
|
|
|
Sydney
|
$218.00
|
|
|
19(2)(a)
|
High Cost country centres
|
|
|
|
|
Alice Springs (NT)
|
$154.00
|
|
|
|
Ballarat (Vic)
|
$158.00
|
|
|
|
Broken Hill (NSW)
|
$158.00
|
|
|
|
Broome (WA)
|
$219.00
|
|
|
|
Burnie (Tas)
|
$159.00
|
|
|
|
Cairns (Qld)
|
$166.00
|
|
|
|
Christmas Island
|
$175.00
|
|
|
|
Cocos (Keeling) Islands
|
$199.00
|
|
|
|
Dampier (WA)
|
$153.00
|
|
|
|
Derby (WA)
|
$163.00
|
|
|
|
Devonport (Tas)
|
$158.00
|
|
|
|
Exmouth (WA)
|
$188.00
|
|
|
|
Gold Coast (Qld)
|
$180.00
|
|
|
|
Geelong (Vic)
|
$153.00
|
|
|
|
Halls Creek (WA)
|
$164.00
|
|
|
|
Horn Island
|
$175.00
|
|
|
|
Jabiru (NT)
|
$239.00
|
|
|
|
Kalgoorlie (WA)
|
$160.00
|
|
|
|
Karratha (WA)
|
$203.00
|
|
|
|
Katherine (NT)
|
$156.00
|
|
|
|
Kununurra (WA)
|
$178.00
|
|
|
|
Launceston (Tas)
|
$164.00
|
|
|
|
Maria (SA)
|
$152.00
|
|
|
|
Newcastle (NSW)
|
$158.00
|
|
|
|
Newman (WA)
|
$182.00
|
|
|
|
Nhulunbuy (SA)
|
$195.00
|
|
|
|
Norfolk Island
|
$199.00
|
|
|
|
Paraburdoo (WA)
|
$160.00
|
|
|
|
Pt Hedland (WA)
|
$180.00
|
|
|
|
Roebourne (WA)
|
$153.00
|
|
|
|
Thursday Island
|
$204.00
|
|
|
|
Tom Price (WA)
|
$160.00
|
|
|
|
Wagga Wagga (NSW)
|
$153.00
|
|
|
|
Weipa (Qld)
|
$164.00
|
|
|
|
Wilpena (SA)
|
$164.00
|
|
|
|
Wollongong (NSW)
|
$178.00
|
|
|
|
Wyndham (WA)
|
$178.00
|
|
|
|
Yulara (NT)
|
$355.00
|
|
|
19(2)(a)
|
Tier 2 country centres
|
|
|
|
|
Albany (WA)
|
$141.20
|
|
|
|
Bathurst (NSW)
|
$141.20
|
|
|
|
Bendigo (Vic)
|
$141.20
|
|
|
|
Bright (Vic)
|
$141.20
|
|
|
|
Bunbury (WA)
|
$141.20
|
|
|
|
Carnarvon (WA)
|
$141.20
|
|
|
|
Castlemaine (Vic)
|
$141.20
|
|
|
|
Geraldton (WA)
|
$141.20
|
|
|
|
Gosford (NSW)
|
$141.20
|
|
|
|
Griffith (NSW)
|
$141.20
|
|
|
|
Leeton (NSW)
|
$141.20
|
|
|
|
Northam (WA)
|
$141.20
|
|
|
|
Orange (NSW)
|
$141.20
|
|
|
|
Port Lincoln (SA)
|
$141.20
|
|
|
19(2)(a)
|
Other country centres
|
$131.20
|
|
|
19(2)(b)
|
Incidental Expenses, when claiming actual expenses - all
locations
|
$13.25
per day
|
|
|
19(5)
|
Daily allowance payable after 35 days and up to 6 months
in the same location - all locations
|
50% of the
appropriate location rate.
|
|
3
|
20
|
Government accommodation - Incidental expenses
|
$13.25
|
|
4
|
25(b)
|
Camping Allowance
|
|
|
|
|
Established Camp (per night)
|
$20.45
|
|
|
|
Non-established camp (per night)
|
$27.00
|
|
|
|
Additional allowance for staff who camp for more than 40 nights
in a calendar year (per night)
|
$6.50
|
|
5
|
|
Not applicable
|
|
|
6
|
27(d)
|
Use of private motor vehicle during work related duties
|
Rate per km
|
|
|
|
Official business rate: Engine Capacity
|
|
|
|
|
over 2700cc
|
67.2 cents
|
|
|
|
1600-2700cc
|
62.5 cents
|
|
|
|
under 1600cc
|
44.8 cents
|
|
|
|
Casual Rate: Engine Capacity
|
|
|
|
|
over 2700cc
|
23.9 cents
|
|
|
|
1600-2700cc
|
22.2 cents
|
|
|
|
under 1600cc
|
18.7 cents
|
|
|
|
Motor cycle allowance --
|
|
|
|
|
Normal business
|
29.5 cents
|
|
|
|
During transport disruptions
|
14.7 cents
|
|
|
|
Towing a trailer or horse float
|
8.6 cents
|
|
|
|
Transport allowance: Engine Capacity
|
|
|
|
|
Over 1600cc
|
28.6 cents
|
|
|
|
1600cc and under
|
24.0 cents
|
|
7
|
26
|
Camping equipment allowance (per night)
|
$20.20
|
|
|
26
|
Bedding and Sleeping Bag (per night)
|
$3.35
|
|
8
|
|
Remote Areas Allowance - With Dependants
|
|
|
|
29
|
Grade A
|
$1,293.00 pa
|
|
|
29
|
Grade B
|
$1,715.00 pa
|
|
|
29
|
Grade C
|
$2,290.00 pa
|
|
|
|
Remote Areas Allowance - Without Dependants
|
|
|
|
29
|
Grade A
|
$901.00 pa
|
|
|
29
|
Grade B
|
$1,203.00 pa
|
|
|
29
|
Grade C
|
$1,603.00 pa
|
|
9
|
30
|
Staff in remote areas who travel on recreation leave
|
|
|
|
|
By private motor vehicle
|
Casual Rate to max
of 2850klms less $32.00
|
|
|
|
Other transport
|
|
|
|
|
- With Dependants
|
Between $32 and
$213 pa
|
|
|
|
- Without dependants
|
Between $32 and
$106 pa
|
|
|
|
Rail travel
|
Rail warrant less
$32.00
|
|
10
|
|
Insurance Cover
|
Up to A$1070
|
|
11
|
32
|
Exchanges
|
Actual costs
|
|
12
|
33
|
Room at home used as office where no office is available
|
$590.00 pa
|
|
13
|
43
|
On call allowance
|
54 cents p/hr
|
|
14
|
35
|
Flying allowance
|
$11.40 p/hr
|
|
15
|
36
|
Laundry allowance
|
$3.00 p/week
|
|
16
|
39
|
Garage Allowance
|
$417.00 pa
|
|
|
|
Carport Allowance
|
$93.00 pa
|
|
17
|
40
|
Community Language Allowance Scheme
|
|
|
|
|
- Base level Rate
|
$773.00 pa
|
|
|
|
- Higher Level Rate
|
$1,160.00 pa
|
|
18
|
41
|
First Aid Allowance
|
|
|
|
|
- Holder of Basic Qualifications
|
$495.00 pa
|
|
|
|
- Holder of Current Occupational First Aid Certificate
|
$746.00 pa
|
|
19
|
95
|
Meal allowance applicable to overtime
|
|
|
|
|
Breakfast Allowance
|
$17.90
|
|
|
|
Lunch Allowance
|
$17.90
|
|
|
|
Dinner Allowance
|
$17.90
|
|
|
|
Supper (when required to work overtime beyond 11.00 p.m.)
|
$7.00
|
|
20
|
42
|
District Staff (Fleet) Allowances
|
$ per week
|
|
|
|
Body Maker
|
$18.80
|
|
|
|
Motor Mechanic
|
$18.80
|
|
|
|
Painter (vehicles)
|
$4.60
|
|
|
|
Panel Beater
|
$18.80
|
|
|
|
Automotive Electrician
|
$11.00
|
|
|
|
Electronic Technician
|
$11.00
|
|
|
|
Instrument Maker
|
$11.00
|
|
|
|
Radio Mechanic
|
$11.00
|
|
|
|
Telephone Mechanic
|
$11.00
|
|
|
|
Fitter
|
$18.80
|
|
|
|
Electronic Tradesperson
|
$11.00
|
|
|
|
Air Conditioning
|
$14.00
|
|
|
|
|
|
PART B
SALARIES SCHEDULE
125 Part B - Schedule a - Salaries
|
Classification
|
|
1 January 2001
|
Annual Loading
|
1 December 2001
|
|
|
|
|
|
|
|
RFS Officer Level 1
|
year 1
|
$20,561
|
$278
|
$20,839
|
|
|
year 2
|
$24,868
|
$336
|
$25,204
|
|
|
year 3
|
$26,802
|
$362
|
$27,164
|
|
|
year 4
|
$27,534
|
$372
|
$27,906
|
|
|
year 5
|
$28,699
|
$387
|
$29,086
|
|
|
year 6
|
$29,219
|
$394
|
$29,613
|
|
|
year 7
|
$29,944
|
$404
|
$30,348
|
|
|
year 8
|
$31,051
|
$419
|
$31,470
|
|
|
year 9
|
$32,176
|
$434
|
$32,610
|
|
|
year 10
|
$33,365
|
$450
|
$33,815
|
|
RFS Officer Level 2
|
year 1
|
$35,203
|
$475
|
$35,678
|
|
|
year 2
|
$36,238
|
$489
|
$36,727
|
|
RFS Officer Level 3
|
year 1
|
$37,248
|
$503
|
$37,751
|
|
|
year 2
|
$38,269
|
$517
|
$38,786
|
|
RFS Officer Level 4
|
year 1
|
$39,355
|
$531
|
$39,886
|
|
|
year 2
|
$40,541
|
$547
|
$41,088
|
|
RFS Officer Level 5
|
year 1
|
$41,808
|
$564
|
$42,372
|
|
|
year 2
|
$43,092
|
$582
|
$43,674
|
|
RFS Officer Level 6
|
year 1
|
$46,456
|
$627
|
$47,083
|
|
|
year 2
|
$47,922
|
$647
|
$48,569
|
|
RFS Officer Level 7
|
year 1
|
$49,800
|
$672
|
$50,472
|
|
|
year 2
|
$51,260
|
$692
|
$51,952
|
|
RFS Officer Level 8
|
year 1
|
$52,795
|
$713
|
$53,508
|
|
|
year 2
|
$54,375
|
$734
|
$55,109
|
|
RFS Officer Level 9
|
year 1
|
$56,640
|
$765
|
$57,405
|
|
|
year 2
|
$58,440
|
$789
|
$59,229
|
|
RFS Officer Level 10
|
year 1
|
$60,182
|
$812
|
$60,994
|
|
|
year 2
|
$61,874
|
$835
|
$62,709
|
|
RFS Officer Level 11
|
year 1
|
$64,401
|
$869
|
$65,270
|
|
|
year 2
|
$66,319
|
$895
|
$67,214
|
|
RFS Officer Level 12
|
year 1
|
$69,606
|
$940
|
$70,546
|
|
|
year 2
|
$72,558
|
$980
|
$73,538
|
|
RFS Officer Level 13
|
year 1
|
$77,103
|
$1,041
|
$78,144
|
|
|
year 2
|
$80,499
|
$1,087
|
$81,586
|
|
Senior Management Levels
|
|
|
|
|
|
RFS Officer Level 14
|
year 1
|
$90,074
|
$1,216
|
$91,290
|
|
|
year 2
|
$97,056
|
$1,310
|
$98,366
|
|
RFS Officer Level 15
|
year 1
|
$98,699
|
$1,332
|
$100,031
|
|
|
year 2
|
$105,657
|
$1,426
|
$107,083
|
|
RFS Officer Level 16
|
year 1
|
$109,193
|
$1,474
|
$110,667
|
|
|
year 2
|
$119,862
|
$1,618
|
$121,480
|
PART B
ANNUALISED ALLOWANCE SCHEDULE
126 Part B - Schedule B - Annualised Allowance
Classifications
The following classifications attract the Annualised
Allowance as outlined in this Award:
|
Category
|
Classification
|
|
Category A
|
Fire Control Officers
Deputy Fire Control Officers
|
|
Category B
|
To be determined
|
|
Category C
|
Does not attract the Annualised Allowance
|
PART B
COMPENSATION FOR ROSTERED WORK
127 Part B - Schedule C - Compensation for
Rostered Work
Staff eligible to receive compensation for rostered work performed
on Saturdays, Sundays and Public Holidays in accordance with this Award:
|
Category
|
Classification
|
|
Category A
|
Service Support Centre Staff
|
|
Category B
|
All staff affected by the Major Incidents clause conditions
as specified in this award. These
include, but is not limited to:
- Fire Control officers
- Deputy Fire Control Officers
And any other staff as determined by the Commissioner to
be on duty for a major incident as set out in this Award.
|
PART B
NSW REMOTE AREA BOUNDARIES
128 Part B - Schedule D: - Map Showing Nsw
Remote Area Boundaries
("RFS Award Boundary Map" - NOTE: Document not reproduced for publication in
N.S.W. Industrial Gazette - See file IRC 4136 of 2001)
M. SCHMIDT
J.
____________________
Printed by the authority of the Industrial Registrar.