Crown Employees (Fire & Rescue NSW
Tradespersons) Award 2017
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Fire and
Rescue NSW.
(No. 2017/173197)
Before Chief
Commissioner Kite
|
28 June 2017
|
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Definitions
2. Hours
3. Payment
of Wages
4. Rates of
Pay
5. Parties
Bound
6. Savings
of Rights
7. Relationship
to Acts/Awards for Apprenticeships
8. Union
Subscriptions
9. Fleet
Tradespersons Multi-skilling
10. Additional
Wage Rates
11. Team
Leader Allowance and Higher Duties
12. Technician
Allowance
13. Authorised
Heavy Vehicle Allowance
14. On Call
Allowance
15. Trade
Employees Working Together
16. Tool
Allowance
17. Apprentice
Tool Loan
18. Fire
Equipment Allowance
19. Apprentice
to Tradesperson
20. Special
Rates
21. Maintenance
of Existing Service and Personal Allowances
22. Overtime
and Penalty Rates
23. Meal
Allowance
24. Travelling
Time and Fares
25. Travelling
Expenses
26. Annual
Leave
27. Annual
Leave Loading
28. Holidays
29. Rostered
Days Off
30. Long
Service Leave
31. Sick Leave
32. Bereavement
Leave
33. Clothing
34. Insurance
of Tools
35. Procedure
on Charge
36. Higher
Grade Pay
37. Anti-Discrimination
38. Term of
Employment
39. Grievance
and Dispute Resolution Procedures
40. Personal/Carer’s
Leave - August 1996
41. Maternity
Leave
42. Parental
Leave
43. Adoption
Leave
44. Family and
Community Service Leave
45. Trade
Union Leave
46. Supplementary
Labour
47. Salary
Packaging Arrangements
48. Workplace
Reform Program
49. Calculations
50. No Extra
Claims
51. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates and Allowances - from the Crown
Employees (New South Wales Fire Brigades - Maintenance, Construction and
Miscellaneous Staff) Award
Table 3 - Allowances - from NSW Fire Brigades Maintenance
and Miscellaneous Staff Enterprise Agreement 2008
PART A
1. Definitions
"Commissioner" means the Commissioner of Fire
& Rescue NSW (FRNSW) holding office as such under the Government Sector Employment Act 2013.
The Industrial Relations Secretary means the employer for
industrial purposes pursuant to the Government
Sector Employment Act 2013.
"Discharge" means termination of service with
FRNSW as a consequence of retrenchment, reorganisation or shortage of work or
other reason for which the employer may not be entirely responsible.
"Dismissed" means termination of service with
FRNSW for inefficiency, neglect of duty, or misconduct.
"Employee" means all persons who are permanently
or temporarily employed under the Government Sector Employment Act 2013and who,
as at the operative date of this Award, occupy one of the positions covered by
this Award, or who, after that date, are appointed to or employed in one of
such positions.
"Fire Vehicle Repairer" this classification is an
amalgamation of the following classifications:
Automotive Electrical; Motor Mechanic; Painter (Vehicle); Fitter and
Body Maker. Each of the individual classifications receive an appropriate tool
allowance in addition to the wage for a Fire Vehicle Repairer.
"FRNSW" or "Employer" means Fire &
Rescue NSW.
"Headquarters" means any office, workshop, store,
depot, or other place of employment at which an employee is regularly required
to work or from which the employee's work is directly controlled and to which
the employee has been attached.
"Resignation" means voluntarily leaving the
service of FRNSW.
"Skilled Trades Award" means the Crown Employees
(Skilled Trades) Award.
"Union" means the:
Automotive, Food, Metals, Engineering, Printing and
Kindred Industries Union, New South Wales Branch;
Electrical Trades Union of Australia, New South Wales
Branch;
New South Wales Fire Brigade Employees Union; and
Construction, Forestry, Mining and Energy Union (New
South Wales Branch)
having regard for their respective coverage.
2. Hours
2.1 The ordinary
working hours of employees shall not exceed 38 hours per week, to be worked not
exceeding 8 hours per day, as determined by FRNSW.
2.2 The ordinary
working hours of cleaners shall not exceed 35 hours per week, to be worked in
shifts not exceeding 8 hours per day, as determined by FRNSW.
2.3 FRNSW may
require an employee to perform duty beyond the hours determined under subclause
2.1 of this clause but only if it is reasonable for the employee to be required
to do so. An employee may refuse to work additional hours in circumstances
where the working of such hours would result in the employee working
unreasonable hours. In determining what is unreasonable the following factors
shall be taken into account:
2.3.1 the employee’s
prior commitments outside the workplace, particularly the employee’s family and
carer responsibilities, community obligations or study arrangements,
2.3.2 any risk to
employee health and safety,
2.3.3 the urgency of
the work required to be performed during additional hours, the impact on the
operational commitments of the organisation and the effect on client services,
2.3.4 the notice (if
any) given by FRNSW regarding the working of the additional hours, and by the
employee of their intention to refuse the working of additional hours, or
2.3.5 any other
relevant matter.
3. Payment of Wages
3.1 All wages shall
be paid fortnightly and payment shall be into a bank account specified by the
employee, or other financial institutions acceptable to FRNSW and Unions.
3.2 Wages shall be
paid not later than Thursday in any pay week.
4. Rates of Pay
4.1 Adult Employees
- The minimum weekly rate of pay for each classification shall be as expressed
in Table 1 - Wages, of Part B, Monetary Rates, and is payable for all purposes
of the Award. This amount incorporates
the following; Basic Wage, Margins, Special Loadings, Trades Allowance and
Industry Allowance.
4.2 Juniors - The
unapprenticed juniors employed by FRNSW shall be paid the following percentages
of the appropriate classifications:
Age
|
Percentage per week
(%)
|
|
|
At 17 years of age and under
|
55
|
At 18 years of age
|
67.5
|
At 19 years of age
|
80
|
At 20 years of age
|
92.5
|
5. Parties Bound
5.1 This Award is
binding upon the Industrial Relations Secretary and Fire & Rescue NSW and
the following industrial organisations of employees:
Automotive, Food, Metals, Engineering, Printing and
Kindred Industries Union, New South Wales Branch;
Electrical Trades Union of Australia, New South Wales
Branch;
New South Wales Fire Brigade Employees Union; and
Construction, Forestry, Mining and Energy Union (New
South Wales Branch).
6. Savings of Rights
6.1 Except as
provided for by this Award, no employee shall suffer a reduction in the
employee's rate of pay or any loss or diminution of the employee's conditions
of employment as a consequence of the amalgamation of the NSW Fire Brigades
Maintenance and Miscellaneous Staff Enterprise Agreement 2008 and the Crown
Employees (New South Wales Fire Brigades - Maintenance, Construction and
Miscellaneous Staff) Award.
7. Relationship to
Acts/Awards for Apprenticeships
7.1 In regards to
Apprentices, this Award shall also be read and interpreted in conjunction with:
7.1.1 The Apprenticeship and Traineeship Act 2001,
provided that where there is any
inconsistency between this Act and this Award, the Act shall prevail to the
extent of any inconsistency.
7.2 The Skilled
Trades Award (as defined) provided that where there is any inconsistency
between this Award and the Skilled Trades Award, this Award shall prevail to
the extent of any inconsistency.
8. Union Subscriptions
8.1 The Department
agrees, subject to prior written authorisation by an employee, to deduct Union
subscriptions from the pay of the authorising employee, in accordance with
Treasury Guidelines.
9. Fleet Tradespersons
Multi-Skilling
9.1 Following the
provision of adequate in-house training where necessary, all classifications
shall be required to undertake a range of appropriate cross-classification
activities, within statutory limitations.
9.2 Employees shall
be required to undertake such cross-classification activities in order to
complete the whole job or when there is insufficient work in an employee’s
normal classification or where the re-allocation of staff is required to meet
Departmental emergencies.
9.3 The final
responsibility for all such cross-classification activities shall remain with
the classification historically responsible for those activities.
Notwithstanding this provision any employee who undertakes cross-classification
activities in terms of subclause 9.1 is required to carry out those activities
in a responsible and competent manner.
9.4 While
Apprentice training shall be principally focused on those activities specific
to each Apprentice’s trade classification, the Department shall, where
possible, coordinate and make available work of a similar nature and skill to
that contained in the modules studied from time to time by the Apprentice as
part of their external Technical and Further Education studies.
9.5 The work of a
‘similar nature and skill’ referred to in subclause 9.4, shall where
appropriate be made available to Apprentices for the purposes of overtime.
9.6 Employees will
identify and select spare parts as required from the store during normal work
hours and after hours. When using parts
from the store the employees will record parts usage, utilizing the systems
provided which may be written or electronic. Where necessary employees will
provide information as required to assist in parts identification and provide
the part number itself with reference to manuals - paper and electronic.
9.7 Appliance
servicing will continue in Station on a State-wide basis.
10. Additional Wage
Rates
10.1 Electricians -
An electrician who is the holder of a New South Wales electrician's licence
shall be paid the amounts set in Item
1 of Table 2.
10.2 Lead Burner -
The ordinary rates for lead burners shall be calculated by adding to the rate
prescribed for journeyman plumbers in this Award the sum set in Item 2 of Table
2.
10.3 Plumber - The
ordinary rates of wages for employees in each of the undermentioned
classifications shall be calculated by adding to the rate prescribed in clause
4, Rates of Pay, the amounts set in Table 2 in relation to the following:
10.3.1 When required to
act on a Plumber's licence, as set out in Item 3 of Table 2.
10.3.2 When required to
act on a Gasfitter's licence, as set out in Item 4 of Table 2.
10.3.3 When required to
act on a Drainer's licence, as set out in Item 5 of Table 2.
10.3.4 When required to
act on a Plumber's and Gasfitter's licence, as set out in Item 6 of Table 2.
10.3.5 When required to
act on a Plumber's and Drainer's licence, as set out in Item 7 of Table 2.
10.3.6 When required to
act on a Gasfitter's and Drainer's licence, as set out in Item 8 of Table 2.
10.3.7 When required to
act on a Plumber's, Gasfitter's and Drainer's licence, as set out in Item 9 of
Table 2.
10.4 A plumber or
drainer who may be required by FRNSW to act on any of the above licences during
the course of employment is entitled to be paid at the rate per hour mentioned
in this clause for every hour of employment whilst liable to be called upon by
the FRNSW to act on the licence or licences whether the employee has in any
hour in fact acted on such licence or not.
10.5 Electric Welding
Certificate - A plumber being the holder of a Office of Industrial Relations,
Department of Commerce, oxy-acetylene or electric welding certificate who may
be required by the employer to act on either of the certificates during the
course of his or her employment shall be entitled to be paid for every hour of
employment on work the nature of which is such that is done by or under the
supervision of the holder of a certificate or while not performing but
supervising such work the sum set in Item 10 of Table 2 per hour for each
certificate in addition to rates for journeyman plumber in this Award.
10.6 Computing Quantities
- Employees, excluding Team Leaders and charge hands, who are regularly
required to compute or estimate quantities or materials in respect to the work
performed by other employees shall be paid an additional amount in Item 11 of
Table 2, per day or part thereof.
10.7 A plumber and/or
gasfitter and/or drainer who is or will be required to be the holder of a
certificate of registration shall be paid the amount in Item 12 of Table 2 per
hour in addition to the ordinary rate of pay.
This allowance shall be paid for all purposes of the Award with the
exception of clause 22, Overtime and Penalty Rates, in which case it shall be
paid as a flat rate.
11. Team Leader
Allowance and Higher Duties
11.1 The Team Leader
Allowance as provided for in Table 3 of this Award is in compensation for an
employee being appointed as the supervisor of a section. Additionally, Team
Leaders are required to undertake planning and scheduling activities as well as
provide monthly section reports to the Operations Manager.
11.2 An employee
covered under this Award engaged for more than half of one day or shift, on
duties carrying a higher rate than employee’s ordinary classification or
entitling the employee to a Team Leader allowance, shall be paid the higher
rate or allowance, as the case may be, for such day or shift. If for less than
one half of one day or shift, the employee shall be paid the higher rate or
allowance, as the case may be, for the time so worked; provided that if an
employee is required to act as Team leader at the commencement of a day or
shift, the employee shall be paid the appropriate allowance for the whole of
such day or shift.
12. Technician
Allowance
12.1 The Technician
Allowance as provided for in Table 3 of this Award is payable when an employee
is rostered to work on the aerial component of a fire appliance.
13. Authorised Heavy
Vehicle Allowance
13.1 An Authorised
Heavy Vehicle Inspectors allowance is paid to employees covered under this
Award who have successfully completed the Transport Roads and Maritime Services
training course and therefore have been issued with a Heavy Vehicle Inspectors
Number.
13.2 The Heavy
Vehicle Inspectors allowance is provided for in Table 3 of this Award and is
paid on a daily basis. The allowance is paid irrespective of the number of
inspections undertaken. There is no allowance payable per each inspection
undertaken. This allowance is subject to incremental adjustment linked to
percentage increases in adjustments to rates of pay.
14. on Call Allowance
14.1 An On Call
Allowance is paid to employees covered under this Award who are working On Call
as part of the normal roster or have been directed to work On Call. The On Call
roster requires employees to be on call for 7 days per week outside normal work
hours. Minimum payment for emergency recall to duty shall be for four hours at
appropriate penalty rates.
14.2 The On Call
allowance is provided for in Table 3 of this Award and is paid on a daily basis
with rate variation between normal work days, week-ends and public holidays.
This allowance is subject to incremental adjustment linked to percentage
increases in adjustments to rates of pay.
15. Trade Employees
Working Together
15.1 Where two or
more trade employees of the same class work together without a technical
supervisor and/or responsibility the tradesperson in charge shall in addition
to all other payments to which the employee is entitled under this Award be
paid per hour at the rate of 1/38 of the rate prescribed by clause 11, Team
Leader Allowance.
16. Tool Allowance
16.1 Employees of any
of the following classifications shall be paid in addition to all other
payments to which they are entitled under this Award, a Tool Allowance of the
amount per week assigned to the classification as set out in the Tool Allowance
Table of Table 3 - Allowances.
Classification
Bodymaker
Motor Mechanic
Painter (Vehicle)
Panel Beater
Automotive Electrician
Electronic Technician
Instrument Maker
Radio Mechanic
Telephone Mechanic
Fitter
Electronic Tradesperson
Apprentices
Motor Mechanic
Automotive Electrician
Fitter
Electronic Technician
17. Apprentice Tool
Loan
17.1 All new
Apprentices to whom clause 5, Tool Allowance, of the Skilled Trades Award (as
defined) applies, shall be entitled to apply to the Department for a zero
interest loan up to the value of $1500.00?, for the purpose of equipping
themselves, with the pre-requisite tools and equipment for their
classification.
17.2 On behalf of
each new Apprentice, the Department will purchase the required tools and
equipment from the Department’s recommended supplier.
17.3 The selection of
tools and equipment shall be those identified by the Department or the Team
Leader in charge of the Apprentice.
17.4 Upon
commencement of employment, each Apprentice shall be issued with the pre- requisite tools and equipment for their trade
classification. On receipt of the tool issue, title and ownership of the tools
shall become the responsibility of the Apprentice.
17.5 Repayment of the
loan shall be recouped by the Department, from the Apprentice’s weekly tool
allowance entitlement. The repayment amount shall equate to the maximum value
of the weekly tool allowance entitlement as prescribed by this Award and or
clause 5 of the Skilled Trades Award (as defined), as varied.
17.6 If for any
reason, an Apprentice’s employment is terminated prior to full repayment of the
loan, the Apprentice shall be liable to repay to the Department the outstanding
balance of the loan owing. In this regard, the Department shall be entitled to
deduct from the Apprentice’s termination payments the value of any outstanding
loan.
18. Fire Equipment
Allowance
18.1 This allowance
only applies to Tradespersons in the Fleet and Communications Section.
18.1.1 Employees with a
minimum of twelve (12) months continuous service covered by this Award shall be
paid a fire equipment allowance as set out in Table 3 of this Award, as varied
by the provisions of subclause 18.1.2.
18.1.2 Apprentices
covered by this Award shall be entitled to be paid at the Non-Trades Staff rate
of the allowance as set out in Table 3 of this Award after a minimum of twelve
(12) months continuous service.
19. Apprentice to
Tradesperson
19.1 An Apprentice
who completes a full four year apprenticeship with FRNSW and then is appointed
as a Tradesperson, will commence payment as a Fire Vehicle Repairer at the
Thereafter rate of pay.
20. Special Rates
20.1 In addition to
the wages and allowances prescribed by - clauses 4. Rates of Pay; 10.
Additional Wage Rates; 11. Team Leader Allowance; 15. Trade Employees Working
Together and 16. Tool Allowance - the following special rates and allowances
shall be paid to employees.
20.1.1 Confined Spaces -
Working in a place the dimensions or nature of which necessitates working in a
stooped or cramped position or without sufficient ventilation; the amount set
out in Item 1 of Special Rates in Table 3.
20.1.2 Dirty Work - Work
which a Team Leader and tradesperson agree is of a dirty or offensive nature by
comparison with the work normally encountered in the trade concerned and for
which no other special rates are prescribed shall be paid for by an additional
amount at the rate set out in Item 2 of Special Rates in Table 3, above the
rate prescribed by this Award.
20.2 In the case of
disagreement between the Team Leader and tradesperson the latter shall be
entitled within 12 hours to ask for a decision on his/her claim by the
employer, his/her industrial officer, manager, superintendent or engineer. In such a case a decision shall be given on
the worker’s claim within 24 hours of it being asked for (unless the time
expires on a non-working day, in which case it shall be given on the next
working day) or else the said rate shall be paid. In any case where the union is dissatisfied
with the decision of the employer, his/her industrial officer, manager or
engineer shall have the right to bring such case before the Industrial
Relations Commission of New South Wales.
20.3 Height Pay -
20.3.1 Employees, working
at a height of 7.5 metres from the ground, deck, floor or water shall be paid
the amounts set out in Item 3 of Special Rates in Table 3. Height shall be calculated from where it is
necessary for the employee to place his hands or tool in order to carry out the
work to such ground, deck, floor or water. For the purposes of this subclause,
deck or floor means a substantial structure which, even though temporary, is
sufficient to protect an employee from falling any further distance. Water level means in tidal waters mean water
level. This subclause shall not apply to
an employee working on a suitable scaffold erected in accordance with the
Scaffolding and Lifts Act 1912. An additional amount set in Item 4 of Special
Rates in Table 3 shall be paid for every metre beyond that specified in Item 3
of Special Rates in Table 3.
20.3.2 Plasterers
required to work on a swing scaffold shall be paid the amount also set out in
Item 13 of Special Rates in Table 2.
20.4 Hot Places -
Working in the shade in places where the temperature is raised by artificial
means to between 46 degree Celsius and 54 degree Celsius and places where the
temperature exceeds 54 degree Celsius, the amounts set in Item 14 of Special
Rates in Table 2. Where work continues
for more than two hours in temperatures exceeding 54 degree Celsius, employees
shall also be entitled to 20 minutes' rest after every two hours' work without
deduction of pay. The temperature shall
be decided by the foreman of the work after consultation with the employees who
claim the extra rate.
20.5 Insulation
Material - Employees working in any room or similar area or in any confined
(unventilated) space where pumice or other recognised insulating material is
being used in insulating work shall be paid the amount set in Item 5 of Special Rates in Table 3, or if the
insulating materials be silicate, the amount also set in Item 6 of Special
Rates in Table 3, whether they are actually handling such materials or not;
provided that such insulating material shall include granulated cork but shall
not include cork board or materials contained in unbroken packages.
20.6 Wet Places -
20.6.1 An employee
working in a place where water other than rain is falling so that his or her
clothing shall be appreciably wet and/or water, oil or mud underfoot is sufficient
to saturate his/her boots shall be paid the amount set in Item 15 of Special
Rates in Table 2, per hour extra; provided that this extra rate shall not be
payable in respect of the disabilities provided for in clause 4.1, Industry
Allowance, of this Award; nor to an employee who is provided with suitable and
effective protective clothing and/or footwear.
An employee who becomes entitled to this extra rate shall be paid such
rate for such part of the day or shift as he/she is required to work in wet clothing
or boots.
20.6.2 Where a plumber is
required to work in the rain, the plumber shall be paid the amount also set in
Item 16 of Special Rates in Table 2, per hour extra for time so worked.
20.6.3 An employee called
upon to work knee deep in mud or water, shall be paid at the rate also set in
Item 17 of Special Rates in Table 2, per day in addition to the ordinary rates
of pay prescribed for each day or portion thereof so worked; proved that this
subclause shall not apply to an employee who is provided with suitable
protective clothing and/or footwear.
20.7 Swinging
Scaffolds - A payment as set out in Item 18 of Special Rates in Table 2, for
the first four hours or any portion thereof, and an additional amount also set
in Item 18 of Special Rates in Table 2 for each hour thereafter on any day
shall be made to any persons employed:
20.7.1 On
any type of swing scaffold or any scaffold suspended by rope or cable, bosun's
chair, etc.
20.7.2 On a
suspended scaffold requiring the use of steel or iron hooks or angle irons at a
height of 6 metres or more above the nearest horizontal plane.
20.8 Provided that
solid plasterers when working off a swing scaffold shall receive an additional
amount, also set in Item 19 of Special Rates in Table 2, per hour.
20.9 Spray
Applications - An employee engaged on all spray applications carried out in
other than a properly construction booth, approved by the Department of
Industrial Relations, shall be paid the amount set in Item 7 of Special Rates
in Table 3, per hour extra.
20.10 Roof Work -
Employees engaged in the fixing or repairing of a roof or any other work in
excess of 12 metres from the nearest floor level shall be paid the amount set
out in Item 20 of Special Rates in Table 2 per hour extra with a minimum payment
also set out in Item 20.
20.11 Electric Welding
Plumbers - A plumber engaged on electric welding applicable to plumbing shall
be paid the amount in Item 21 of Special Rates in Table 2, per hour extra for
the time so worked.
20.12 Explosive Powered
Tools - Employees required to use explosive powered tools shall be paid the
amount set in Item 22 of Special Rates in Table 2.
20.13 Scaffolding
Rigging - An employee who is the holder of a scaffolding or rigging certificate
issued by the Office of Industrial relations, Department of Commerce, and is
required to act on that certificate whilst engaged on work requiring a
certificated employee shall be paid an additional amount set out in Item 23 of
Special Rates in Table 2.
20.14 Extra Rates not
Cumulative - When more than one of the above rates provide payment for
disabilities of substantially the same nature then only the highest of such
rates shall be payable.
20.15 Rates not Subject
to Penalty Provisions - The special rates herein prescribed shall be paid
irrespective of the time at which the work is performed and shall not be
subject to any premium or penalty additions.
20.16 Distant Places -
20.16.1 All
employees working in districts west and north of and excluding State Highway
No. 17 from Tocumwal to Gilgandra, State highway No. 11 from Gilgandra to
Tamworth, Trunk Road No. 63 from Yetman and State Highway No. 16 to Boggabilla
up to the Western Division boundary and excluding the municipalities through
which the road passes shall be paid the amount set out in Item 24 of Special
Rates in Table 2, extra per day.
20.16.2 All
employees working in the Western Division of the State shall be paid the amount
also set in Item 24 of Special Rates in Table 2 extra per day.
20.16.3 All
employees working within the area bounded by and inclusive of the Snowy River
from the New South Wales border to Dalgety, thence by road directly from
Dalgety to Berridale and on to the Snowy Mountains Highway at Adaminaby thence
to Blowering, thence by a line drawn from Blowering southwest to Welarewang,
and on to the Murray River, thence in a south easterly direction along the New
South Wales border to the point of commencement shall be paid the amount also
set in Item 24 of Special Rates in Table 2 extra per day or part thereof.
20.17 Applying Obnoxious
Substances -
20.17.1 An
employee engaged in either the preparation and/or the application of epoxy
based materials or materials of a like nature shall be paid the amount set in
Item 8 of Special Rates in Table 3, per hour extra.
20.17.2 In
addition, employees applying such materials in buildings which are normally air
conditioned shall be paid the amount also set in Item 9 of Special Rates in
Table 3, per hour extra for any time worked when the air conditioning plant is
not operating.
20.17.3 Where
there is an absence of adequate natural ventilation, the employer shall provide
ventilation by artificial means and/or supply an approved type of respirator
and in addition protective clothing shall be supplied where recommended by the
NSW Department of Health.
20.17.4 Employees
working in close proximity to employees so engaged shall be paid the amount
also set in Item 10 of Special Rates in Table 3 per hour extra.
20.17.5 For the
purposes of this clause, all materials which include or require the addition of
a catalyst hardener and reactive additives or two pack catalyst system shall be
deemed to be materials of a like nature.
20.18 Painters shall be
paid the amount in Item 25 of Special Rates in Table 2, per hour for burning
off paint and applying the first coat.
20.19 Asbestos
Eradication -
20.19.1 Application
- This subclause shall apply to employees engaged in the process of asbestos
eradication on the performance of work within the scope of this Award.
20.19.2 Definition
- Asbestos eradication is defined as work on or about building, involving the
removal or any other method of neutralisation of any materials which consist
of, or contain, asbestos.
20.19.3 Control
- All aspects of asbestos eradication work shall be conducted in accordance
with the N.S.W. Occupational Health and
Safety Act 2000, the Occupational
Health and Safety (Asbestos Removal Work) Regulation 1996 and the N.S.W. Construction Safety Act 1912
Regulations concerning construction work involving asbestos and asbestos
cement.
20.20 Rate of Pay - in
addition to the rates prescribed in this Award an employee engaged in asbestos
eradication (as defined) shall receive the amount set in Item 11 worked in lieu
of Special Rates in Table 3, per hour of special rates as prescribed in clause
20. Special Rates, with the exception of subclauses 20.4 Hot Places, 20.7
Swinging Scaffold and 20.9 Spray Applications (Item 6 of Special Rates in Table
3).
20.21 Other Conditions -
The conditions of employment, rates and allowances, except so far as they are
otherwise specified in this subclause shall be the conditions of employment,
rates and allowances of the Award, as varied, from time to time.
20.22 Chokages - If an
employee is employed upon any chokage and is required to open up any soil pipe,
waste pipe, drain pipe, or pump conveying offensive material or a scupper
containing sewage or is required to work in a septic tank in operation the
employee shall be paid an additional amount set out in Item 26 of Special Rates
in Table 2 per day or part of a day.
21. Maintenance of
Existing Service and Personal Allowances
21.1 An employee
covered by this Award who at the date this Award took effect was employed by
FRNSW and who was then being paid a service allowance and/or personal allowance
shall continue to be paid such service allowance and/or personal allowance in
addition to all other payments to which the employee is entitled under this
Award so long as the employee remains subject to the provisions of this Award.
21.2 Such service and
personal allowance shall be part of the weekly wage of the employee for all
purposes of this Award.
21.3 Except as
provided by paragraph 21.1, of this clause no employee of the FRNSW covered by
this Award shall be paid any service allowance.
22. Overtime and
Penalty Rates
22.1 Subject as
otherwise provided in this Award, all time worked in excess of the ordinary
weekly hours of work shall be overtime and shall be paid for at the rate of
time and one-half for the first 2 hours, and double time thereafter.
22.2 Each day shall
stand alone for the purpose of computation of overtime pursuant to this
paragraph.
22.3 All time worked
on a Saturday shall be at the rate of time and one-half for the first 2 hours
and double time thereafter, provided that where in any case of emergency an
employee called out for work after 12 noon on Saturday shall be paid at the
rate of double time.
22.4 All time worked
on a Sunday shall be at the rate of double time and all time worked on a Public
Holiday shall be at the rate of double time and one-half.
22.5 For the purpose
of computing the hourly rate the weekly rate shall be divided by the number of
ordinary hours per week prescribed for each employee.
22.6 An employee
required to work 2 hours or more overtime immediately after the usual ceasing
time shall be allowed a meal break of 20 minutes, which shall be paid for at
the appropriate overtime rate.
22.7 The meal break
shall be taken at the commencement of the overtime period or later by mutual
arrangement with the officer for the time being in charge and the employee.
22.8 An employee
working overtime shall be allowed a meal break of 20 minutes to be paid for at
the appropriate overtime rate, after each 4 hours of overtime actually worked,
provided that the employee is required to work at least a further 1 hour after
the said 4 hours actually worked.
22.9 An employee
whose ordinary hours do not include Saturday or Sunday or a public holiday
shall be allowed meal breaks with pay only in respect of time worked outside
what would be the usual hours of duty on an ordinary working day.
22.10 Call back -
Minimum payment for emergency recall to duty shall be for four hours at
appropriate penalty rates.
22.11 An employee may be
directed by the FRNSW to work overtime, provided it is reasonable for the
employee to be required to do so. An
employee may refuse to work overtime in circumstances where the working of such
overtime would result in the employee working unreasonable hours. In
determining what is unreasonable, the following factors shall be taken into
account:
22.11.1 the
employee’s prior commitments outside the workplace, particularly the employee’s
family and carer responsibilities, community obligations or study arrangements,
22.11.2 any
risk to employee health and safety,
22.11.3 the
urgency of the work required to be performed during overtime, the impact on the
operational commitments of the organisation and the effect on client services,
22.11.4 the
notice (if any) given by the FRNSW regarding the working of the overtime, and
by the employee of their intention to refuse overtime, or
22.11.5 any
other relevant matter.
23. Meal Allowance
23.1 An employee
required to work overtime for one and a half hours or more shall be paid the
amount set in Item 1 of Meal Allowance in Table 3 for a meal and after the
completion of each four hours on continuous overtime shall be paid the amount
also set in Item 2 of Meal Allowance in Table 3 for each subsequent meal in
addition to his overtime payment, but such payment need not be made to
employees living in the same locality as their place of work who can reasonably
return home for meals.
23.2 An employee
whose ordinary hours do not include a Saturday or Sunday or public holiday,
shall receive the meal allowance prescribed by this clause when the time is
worked outside what would be the usual hours of duty on an ordinary working
day.
24. Travelling Time
and Fares
24.1 An employee
shall be required to proceed to his headquarters and to return to his or her
home at ordinary starting and ceasing time at least once on each ordinary
working day in the employee's own time and expense.
24.2 An employee
other than an employee classified as a builder's labourer and who is required
to work temporarily or is transferred to work temporarily at a point distant
from his or her headquarters shall be paid travelling time for such period at
the rate set out in Item 1 of Travelling Time and Other Fares in Table 3 for each day to compensate for excess
fares and travelling time to and from places or work, provided that the
allowance shall not be payable if the employer provides or offers to provide
transport free of charge to the employee in which case an allowance also set in
Item 2 of Travelling Time and Other Fares in Table 3 per day shall be paid.
24.3 An employee
classified as a labourer-builder shall be paid the amount also set in Item 1 of
Travelling Time and Other Fares in Table 3 per day as a fare allowance and
travelling allowance for travel patterns and costs peculiar to the industry
which includes mobility requirements on employees and the nature of employment
on construction work.
24.4 Subject to the
foregoing provisions, a fare shall be deemed to have been incurred if the
employee has used a bicycle or other means of locomotion or has walked instead
of using public conveyance.
24.5 Excess
travelling time and fares shall not be payable in the case of an employee
permanently transferred or appointed to a new headquarters, in which case the
new location shall become headquarters for the purpose of this clause from the
date of attachment to the new location.
24.6 Where an
employee is sent during working hours from one location to another, the FRNSW
shall pay all travelling time and fares incurred in addition to the amount it may
be liable to pay under this clause.
25. Travelling
Expenses
25.1 An employee
while travelling upon the business of FRNSW away from their accustomed workshop
shall be paid:
25.1.1 Reasonable
expenses incurred for accommodation and meals whilst so travelling.
25.1.2 The
cost actually incurred for travel by aircraft, rail, road, boat or otherwise.
25.1.3 Vouchers
shall show the employee's movements on each day and state times of his or her
departure and arrival.
25.1.4 Travelling
expenses to be incurred pursuant to this clause shall, if requested, be paid to
the employee concerned in cash on the last working day prior to departure.
25.1.5 The
meal, accommodation and incidental allowances expressed in NSW Treasury
Circulars will be adjusted on 1 July regardless of the date of the issuing of
the Circular by the NSW Treasury.. The amounts will be in line with the
corresponding allowance amounts for the appropriate financial year published by
the Australian Taxation Office (ATO).
26. Annual Leave
26.1 Every employee
shall be entitled to four weeks leave of absence, exclusive of public holidays,
on the completion of each 12 months service, such leave shall be taken within 6
months after it becomes due, and reasonable notice be given by either party when
leave is to commence. This clause
governs the time in which past Annual Leave accrual should be taken with the
exception provided for in clause 26.8.
In other words, an employee should work towards taking their Annual
Leave from the year before in the first 6 months of the following year, however
if there are reasons to the satisfaction of the employee and management of why
this cannot be accomplished, then clause 26.8 provides for flexibility.
26.2 Where an
employee with one or more months' service but less than 12 months' service is
discharged, dismissed, resigns, retires or dies, the employee or their legal
personal representative shall be paid for each completed week of service an
amount equal to one-twelfth of the employee's ordinary weekly rate payable at
the date of the termination of service.
26.3 After the first
completed year of service annual leave shall accrue at the rate of one and
two-third days for each completed month of service.
26.4 The Annual Leave
provisions of clause 31, General Leave Conditions and Accident Pay, of the
Skilled Trades Award (as defined), shall apply, as varied by the provision of
subclauses 26.5, 26.6, 26.7 and 26.8, to all employees covered by this Award.
26.5 Annual Leave
shall be taken in accordance with the roster as in 26.6, with the following
exceptions:
26.5.1 Where
an employee is taking Personal Carers leave in line with the provisions of the
Award.
26.5.2 Where
an employee can give 5 working days notice when not on a rostered on call
position or the Lube Service Vehicle and the minimum staffing levels can be
maintained.
26.5.3 Where
an employee can organize a shift swap if they are rostered on call or on the
Lube Service vehicle provided minimum staffing levels can be maintained.
26.6 Annual Leave
Shall be Taken in Block Periods, the Shortest of which Not Being Less Than Five
(5) Sequential Working Days in Duration.
The Block Periods Shall, in Any One Year, Comply With One of the Formats
Outlined as Follows:
26.6.1 one
block period of four weeks duration; or
26.6.2 one
block period of three weeks duration followed later by one block period of one
weeks duration; or
26.6.3 one
block period of one weeks duration followed later by one block period of three
weeks duration; or
26.6.4 one
block period of two weeks duration followed later by another one block period
of two weeks duration; or
26.6.5 four
block periods of one weeks duration.
26.7 Annual Leave
shall be taken in accordance with the roster.
26.8 The parties
agree to jointly work towards reducing each employees accrual of Annual Leave
to the accumulation of twenty (20) days plus the current years
entitlement. The only exceptions being,
in the case of family emergencies, or with prior notification of a planned
extended holiday.
27. Annual Leave
Loading
27.1 Employees shall
be granted an annual leave loading equivalent to 17 1/2 per cent of four weeks'
ordinary salary or wages.
27.2 The full
entitlement to the loading on annual leave that the employee has accrued over
the previous leave year is to be paid to the employee on the first occasion
sufficient annual leave is taken to permit an absence from duty of at least two
consecutive weeks after 1 December in any year.
27.3 The loading will
apply only to leave accrued in the year ending the preceding 30 November, up to
a maximum of four weeks. Leave and
salary records are then to be endorsed to indicate that payment of the annual
leave loading for the year ended 30 November previous has been made.
27.4 In the event of
no such absence occurring by 30 November of the following year, the employee
being still employed, is to be paid the monetary value of the annual leave
loading payable on leave accrued as at 30 November to the previous leave year
notwithstanding that the employee has not entered on leave. The leave and salary records are to be
endorsed to indicate that payment of the annual leave loading for the previous
leave year has been made.
27.5 There shall be a
leave year ending 30 November in every year.
The above scheme will first apply to leave taken on or after 1 December
1974, being leave accrued during the 12 month period to 30 November 1974.
27.6 The annual leave
loading is not payable when an employee is granted annual leave to the
employee's credit, or the monetary value thereof, on resignation, retirement,
termination of employment, dismissal, etc.
27.7 Broken service
during a year does not attract the annual leave loading, e.g., if an employee
resigns and is subsequently re-employed during the same year, only the service
from the date of re-employment attracts the annual leave loading, subject to
the foregoing conditions.
27.8 Rate of Payment
- The annual leave loading is to be calculated on the salary or wage rate paid
for the leave when taken, i.e., new rates granted by Award, agreement,
determination, national wage case decision, increment, etc., during the period
of leave are to be taken into account unless otherwise prescribed by Award or
agreement and, if necessary, retrospective adjustment of the loading is to be
made. Where payment is made as at 30
November, because no period of two weeks leave has been taken during the year,
the payment is to be calculated at the rate which would have been paid had the
leave been taken at 30 November.
27.9 Provided
adequate notice is given, the annual leave loading will be paid prior to entry
on leave, normally at the same time as the advance on salary or wages.
27.10 In the case of an
employee sent on annual leave pending an inquiry into the employee's services,
the annual leave loading is not to be paid.
27.11 Retrospective
payments will be made to employees who have qualified to receive payment of the
annual leave loading since 1 December 1974.
28. Holidays
28.1 Subject to
subclause (ii) of this clause, the days on which New Year's Day, Australia Day,
Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Bank Holiday (in lieu
of picnic days), Labour Day, Christmas Day, Boxing Day and/or specially
proclaimed holidays in any year are observed shall be holidays. An employee shall
be entitled to these holidays without loss of pay.
28.2 An employee who
is absent from duty without reasonable cause on the working day prior to and/or
the working day following any holiday shall not be entitled to payment for such
holiday.
29. Rostered Days Off
29.1 The Rostered Day
Off ("RDO") provisions of clause 2, Hours-Day Workers, of the Skilled
Trades Award, (as defined) shall apply to all employees employed in the
Communications Section. The same provisions, but as varied by the provisions of
subclauses 29.2, 29.3, 29.4 & 29.5, shall apply to all other employees
covered by this Award.
29.2 RDO shall be
taken in accordance with the roster. Those staff who are on call and therefore
work on the RDO day as part of the roster will normally take their RDO on the
following Monday when they are off call.
29.3 RDO are to be
taken as and when they fall due. There is no provision for the accumulation of
untaken days. Under exceptional circumstances, and with prior approval, the
clearing of the RDO day may be delayed.
29.4 Appropriate
records will be kept by the Department of the dates on which each employee
takes a RDO. Such records will be available for perusal by the employee on
request.
29.5 Where an
employee is asked and elects to work on the pre-determined RDO, in accordance
with subclause 2.1 of clause 2, Hours-Day Workers, of the Skilled Trades Award
(as defined), the compensation paid in accordance with subclause 2.5 of the
said clause 2 (i.e. Saturday rates), shall be the employee’s only entitlement
for working on the RDO.
30. Long Service Leave
30.1 Long Service
Leave, calculated from the date of appointment to the service, shall accrue in
accordance with the following entitlement:
30.1.1 After
service for 10 years, leave for 2 months on full pay or 4 months on half pay.
30.1.2 After
service in excess of 10 years:
30.1.2.1 leave
pursuant to paragraph (a), of this subclause; and
30.1.2.2 in
addition, an amount of leave proportionate to the length of service after 10
years
30.1.3 Long Service
Leave shall not include annual leave but shall include public holidays
occurring during the period when such leave is taken.
30.2 Where the
service of an employee with at least 5 years' service and less than 7 years'
service is terminated by FRNSW for any reasons or by the employee on account of
illness, incapacity or domestic or other pressing necessity, the employee shall
be entitled after 5 years' service to one month's leave on full pay and for
service after 5 years', to a proportionate amount of leave on full pay
calculated on the basis of 3 months leave for 15 years' service.
30.3 In the event of
the death of an employee the value of long service leave due shall be paid to
such dependants as FRNSW shall determine.
30.3.1 In
the event of the termination of the employment of an employee for any reason
other than death the money value of long service leave due to the employee
shall be paid to such employee as a gratuity.
30.3.2 Long
service leave as provided by this clause, shall, subject to the exigencies of
the service, be granted by the FRNSW as and when such leave becomes due (i.e.
after 7 years) or at any time thereafter; provided that notice in writing of
intention to take such leave shall be given to the FRNSW by the employee
concerned at least 30 days before the date on which the employee desires that
such leave should commence.
30.4 Notwithstanding
anything elsewhere provided by this clause:
30.4.1 employees
may apply to take pro-rata Long Service leave after the completion of (7) years
of service. Additionally employees with such service shall be entitled to
pro-rata Long Service leave on resignation or termination.
30.4.2 employees
may apply to take a period of Long Service leave at double pay provided that:
30.4.2.1 The
additional payment will be made as a non-superable taxable allowance payable
for the period of the absence from work.
30.4.2.2 The
employees’ leave balance will be debited for the actual period of the absence
from work and an equivalent number of days as are necessary to pay the
allowance.
30.4.2.3 Other
leave entitlements, e.g. recreation leave, sick leave and Long Service leave
will accrue at the single time rate where an employee takes Long Service leave
at double time.
30.4.2.4 Superannuation
contributions will only be made on the basis of the actual absence from work,
i.e. at that single time rate.
30.4.3 Where
a public holiday falls during a period of Long Service leave the employee shall
be paid for that day and additionally it shall not be deducted from the period
of leave.
30.4.4 In
respect of public holidays that fall during a period of double pay Long Service
leave an employee will not be debited in respect of the leave on a public
holiday. The employees leave balance will however be reduced by an additional
day to fund the non-superable taxable allowance.
31. Sick Leave
31.1 An employee
shall be allowed 15 working days sick leave with pay within each 12 months
period of entitlement; provided, however, that all such sick leave in excess of
two days within each period shall only be granted on the submission of a
medical certificate which shall be to the satisfaction of FRNSW.
31.2 Sick leave not
take shall be cumulative to a maximum period of 120 days but payment of the
monetary equivalent of sick leave not taken shall not be made.
31.3 Where an
employee with ten or more years' service has taken all sick leave entitlement,
FRNSW may, at its discretion, grant further sick leave with or without pay.
32. Bereavement Leave
32.1 In no way
restricting the right of FRNSW to grant leave for compassionate reasons in
other circumstances, an employee shall, on the death within Australia of a
wife, husband, parent, brother, sister, child, stepchild, grandparent,
parent-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law or
grandchild, be entitled, on notice, to leave up to and including the day of the
funeral of such relation and such leave shall be without deductions of pay for
a period not exceeding two ordinary working days. Proof of such death, shall, if requested, be
furnished by the employee to the satisfaction of FRNSW; provided, however, that
this clause shall have operation whilst the period of entitlement to leave
under it coincides with any other period of entitlement to leave.
32.2 For the purpose
of this clause, the words "wife" and "husband" shall
include a person who lives with the employee as a de facto spouse.
32.3 Bereavement
entitlements for casual employees
32.3.1 Subject to the
evidentiary and notice requirements in clause 32.1 casual employees are
entitled to not be available to attend work, or to leave work upon the death in
Australia of a person prescribed in subclause 41.1.3.2 of clause 40 Personal
Carers Leave.
32.3.2 The employer and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 48 hours (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance.
32.3.3 An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual employee are otherwise not affected.
33. Clothing
33.1 Clothing, tools
or any articles issued to employees shall be worn or used only in the course of
their duties.
33.2 Clothing or
other articles shall be issued to such employee as FRNSW approves where in its
opinion such clothing or article is necessary for:
33.2.1 Uniformity of
appearance,
33.2.2 Protection against
material which destroy or damage ordinary clothing,
33.2.3 Protection against
weather, and
33.2.4 Protection against
injury to the employee
33.3 An employee
shall be responsible for the care and upkeep of any clothing issued and new
clothing shall not be issued until the previous clothing has been returned to
the store and its loss satisfactorily accounted for.
33.4 An employee
shall also be responsible for tools, equipment and other articles issued or for
their loss or damage through misuse or negligence.
33.5 An employee
shall replace any such clothing, tools, equipment or other articles so lost or
damaged through the employee's misuse or negligence or pay such amount in
respect thereof which the FRNSW shall determine.
33.6 Where full
uniform is supplied by FRNSW and is required to be worn by an employee and such
uniform becomes soiled or damaged in the execution of duty so as to require dry
cleaning or repairs, such dry cleaning and repairs shall be done at the expense
of the FRNSW.
34. Insurance of Tools
34.1 In respect of
those employees entitled under this Award to a tool allowance FRNSW shall
insure, and shall keep insured against loss or damage by fire whilst on the
employer's premises, such tools of the employee which are used by him/her in
the course of his/her employment. The
employee shall if requested to do so furnish FRNSW with a list of his/her tools
so used.
34.2 Any such employee
shall be entitled to be reimbursed for the loss of tools up to the value set
out in Item 1 of Insurance of Tools of Table 3, provided such tools are lost by
theft from a breaking and entering outside working hours while the tools are
stored at the FRNSW's direction on the job.
35. Procedure on
Charge
35.1 When an employee
is summoned to appear before a Senior Officer or before FRNSW on a charge,
appeal, or other formal inquiry not being a preliminary investigation, the
employee shall be given particulars; in writing, of the charge or allegation if
any, against the employee at least 48 hours before the hearing of the charge or
appeal or the opening of the said inquiry and shall be allowed access,
personally or by a representative duly authorised by the employee in writing to
all or any of the official papers, correspondence or reports of the FRNSW
relating to the charge, appeal or subject to the said inquiry.
35.2 The employee
also shall be allowed to give and call evidence on the employee's own behalf
and to hear all evidence given.
35.3 If an employee
so requests, the employee may be represented by an Officer of the union before
such senior officer of the FRNSW on all such occasions.
35.4 No adverse
report about an employee shall be placed among the records or papers relating
to the employee or noted thereupon unless the employee concerned shall have
been shown the said report which shall be evidenced by the employee's signature
thereupon unless the employee refuses to sign in which case the union shall be
notified by the FRNSW in writing within seven days of such refusal, and shall
have been given an opportunity of replying to the report. If the employee so desires a reply shall be
in writing, which, together with the adverse report, also shall be placed
amongst the records or papers relating to the employee or shall be noted
thereupon.
35.5 Where FRNSW has
for its own purpose caused a transcript copy of proceedings on a charge, appeal
or formal inquiry to be taken, a copy of such transcript shall be supplied,
free of cost, to the employee concerned, if during the hearing or at the
termination of the proceedings a request therefore in writing is made by the
employee.
35.5.1 After the Senior
Officer has announced the recommendation or when the FRNSW has made its
decision as the result of a charge or an appeal the employee concerned shall be
informed thereof in writing within 7 days after such announcement or decision
has been made or has been given as the case may be.
36. Higher Grade Pay
36.1 An employee
engaged for more than half of one day or shift on duties carrying a higher rate
than the employee's ordinary classification or entitling the employee to a Team
Leader Allowance shall be paid the higher rate or allowance as the case may be
for such day or shift. If for less than
one half of one day or shift the employee shall be paid the higher rate or
allowance as the case may be for the time so worked; provided that if an
employee is required to act as Team Leader at the commencement of a day or shift
the employee shall be paid the appropriate allowance for the whole of such day
or shift.
36.2 Employees
covered under this Award, who are engaged on duties in a classification
appearing in the Crown Employees (Public Sector - Salaries 2008) Award, or
successor, carrying a higher rate than the employee's ordinary classification,
will be paid a higher duties allowance on a day by day basis (regardless of how
many days such employee was acting in the higher graded position). This
includes an employee who is on-call on a Saturday or Sunday, that is, the
higher duties allowance is payable whilst on-call on a weekend. Such higher
duties allowance is payable at 7 hours per day only.
37.
Anti-Discrimination
37.1 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 responsibilities as a carer.
37.2 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
this Award which, by its terms or operation, has a direct or indirect
discriminatory effect.
37.3 Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
37.4 Nothing in this
clause is to be taken to affect:
37.4.1 any conduct or act
which is specifically exempted from anti-discrimination legislation;
37.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
37.4.3 any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
37.4.4 a party to this
Award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
37.5 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.
37.5.1 Employers and
employees may also be subject to Commonwealth Anti-Discrimination legislation.
37.5.2 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."
38. Term of Employment
38.1 An employee
shall give to FRNSW and FRNSW shall give to an employee one week's notice of
termination of employment, such notice to be given from a normal pay day. This, shall not affect the right of FRNSW to
dismiss any employee without notice for inefficiency, neglect of duty or
misconduct and in such cases wages shall be paid up to the time of dismissal
only.
38.2 For the purposes
of meeting the needs of the industry, FRNSW may require any employee to work
reasonable overtime, including work on Saturdays, Sundays and public holidays
at the rate prescribed in this Award, and unless reasonable excuse exists the
employee shall work in accordance with such requirements.
38.3 In the event of
wet weather, no deduction from wages shall be made subject to the following
conditions:
38.3.1 An employee shall
continue working until such time as the officer in charge orders the employee
to cease work.
38.3.2 An employee shall
stand by as directed by the officer in charge.
38.3.3 An employee shall
report for duty as directed.
38.4 The absence of
an employee from work for a continuous period exceeding five working days
without the consent of the employer and without notification to the employer
shall be prima facie evidence that the employee has abandoned employment.
38.5 Provided that if
within a period of 14 days from the employee's last attendance at work or the
date of the employee's last absence in respect of which notification has been
given or consent has been granted an employee has not established to the
satisfaction of the FRNSW that the absence was for reasonable cause, the
employee shall be deemed to have abandoned employment.
38.6 Termination of
employment by abandonment in accordance with this subclause shall operate as
from the date of the last attendance at work or the last day's absence in
respect of which consent was granted, or the date of the last absence in
respect of which notification was given to the employer, whichever is the
later.
38.6.1 No payment in
respect of wages, annual leave or long service leave shall be assigned or
charged to any person but shall be paid to the employee entitled thereto, or
may be paid to the employee entitled thereto, or may be paid to a person
authorised by the employee to receive the same.
38.6.2 FRNSW shall be
entitled to deduct out of an employee's wages such sum as the employee requests
in writing in respect of contributions or payments for purposes approved by FRNSW.
39. Grievance and
Dispute Resolution Procedures
39.1 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 appropriate
Department, if required.
39.2 A staff member
is required to notify in writing their immediate manager, as to the substance
of the grievance, dispute, or difficulty, request a meeting to discuss the
matter, and if possible, state the remedy sought.
39.3 The immediate
manager 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.
39.4 If the matter
remains unresolved with the immediate manager, the staff member may request to
meet the appropriate person at the next level of management in order to resolve
the matter. This manager shall respond
within two (2) working days, or as soon as practicable. This sequence of reference to successive
levels of management may be pursued by the staff member until the matter is
referred to the Commissioner.
39.5 The Commissioner
may refer the matter to the Industrial Relations Secretary for consideration.
39.6 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.
39.7 A staff member,
at any stage, may request to be represented by their Union.
39.8 The staff member
or the Union 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.
39.9 The staff
member, Union, FRNSW and Industrial Relations Secretary shall agree to be bound
by any order or determination by the New South Wales Industrial Relations
Commission in relation to the dispute.
39.10 Whilst the
procedures outlined in subclauses 39.1 to 39.9 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.
40. Personal/Carer’s
Leave - August 1996
40.1 Use of Sick
Leave -
40.1.1 An employee, other
than a casual employee, with responsibilities in relation to a class of person
set out in 1.1.3(ii) who needs the employee’s care and support, shall be
entitled to use, in accordance with this subclause, any current or accrued sick
leave entitlement, provided for at clause 21 of the Award, for absences to
provide care and support, for such persons when they are ill. Such leave may be taken for part of a single
day.
40.1.2 The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an employee must not take carer’s leave under
this subclause where another person has taken leave to care for the same
person.
40.1.3 The entitlement to
use sick leave in accordance with this subclause is subject to:
40.1.3.1 the
employee being responsible for the care of the person concerned; and
40.1.3.2 the
person concerned being:
40.1.3.2.1 a spouse
of the employee; or
40.1.3.2.2 a
defacto spouse, who, in relation to a person, is a person of the opposite sex
to the first mentioned person who lives with the first mentioned person as the
husband or wife of that person on a bona fide domestic basis although not
legally married to that person; or
40.1.3.2.3 a child
or an adult child (including and adopted child, a step child, a foster child or
an ex nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or defacto spouse
of the employee; or
40.1.3.2.4 a same
sex partner who lives with the employee as the de facto partner of that
employee on a bona fide domestic basis; or
40.1.3.2.5 a
relative of the employee who is a member of the same household, where for the
purposes of this paragraph:
(i) "relative"
means a person related by blood, marriage or affinity;
(ii) "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(iii) "household"
means a family group living in the same domestic dwelling.
40.1.4 An employee shall,
wherever practicable, give the employer notice prior to the absence of the
intention to take leave, the name of the person requiring care and that
person’s relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
40.2 Unpaid Leave for
Family Purpose -
40.2.1 An employee may
elect, with the consent of the employer, to take unpaid leave for the purpose
of providing care and support to a member of a class of person set out in
1.1.3(ii) above who is ill.
40.3 Annual Leave -
40.3.1 An employee may
elect, with the consent of the employer to take annual leave not exceeding ten
days in single-day periods, or part thereof, in any calendar year at a time or
times agreed by the parties.
40.3.2 Access to annual
leave, as prescribed in paragraph 1.3.1 above, shall be exclusive of any
shutdown period provided for elsewhere under this Award.
40.3.3 An employee and
employer may agree to defer payment of the annual leave loading in respect of
single day absences, until at least five consecutive annual leave days are
taken.
40.3.4 An employee may
elect with the employers agreement to take annual leave at any time within a
period of 24 months from the date at which it falls due.
40.4 Time Off in Lieu
of Payment for Overtime -
40.4.1 An employee may
elect, with the consent of the employer, to take time off in lieu of payment
for overtime at a time or times agreed with the employer within 12 months of
the said election.
40.4.2 Overtime taken as
time off during ordinary time hours shall be taken at the ordinary time rate,
that is, an hour for each hour worked.
40.4.3 If, having elected
to take time as leave in accordance with paragraph 1.4.1 above, the leave is
not taken for whatever reason, payment for time accrued at overtime rates shall
be made at the expiry of the 12 month period or on termination.
40.4.4 Where no election
is made in accordance with paragraph 1.4.1, the employee shall be paid overtime
rates in accordance with the Award.
40.5 Make-up Time -
40.5.1 An employee may
elect, with the consent of the employer, to work "make-up time" under
which the employee takes time off ordinary hours, and works those hours at a
later time, during the spread of ordinary hours provided in the Award, at the
ordinary rate of pay.
40.5.2 An employee on
shift work may elect, with the consent of the employer to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
40.6 Rostered Days
Off -
40.6.1 An employee may
elect, with the consent of the employer, to take a rostered day off at any
time.
40.6.2 An employee may elect,
with the consent of the employer, to take rostered days off in part day
amounts.
40.6.3 An employee may
elect, with the consent of the employer, to accrue some or all rostered days
off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
40.6.4 This subclause is
subject to the employer informing each union which is both party to the Award
and which has members employed at the particular enterprise of its intention to
introduce an enterprise system of RDO flexibility, and providing a reasonable
opportunity for the union(s) to participate in negotiations.
40.7 Personal Carers
Entitlement for casual employees -
40.7.1 Subject to the
evidentiary and notice requirements in 40.1.2 and 40.1.4casual employees are
entitled to not be available to attend work, or to leave work if they need to
care for a person prescribed in subclause 40.1.3.2 of this clause who are sick
and require care and support, or who require care due to an unexpected
emergency, or the birth of a child.
40.7.2 The employer and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 48 hours (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance.
40.7.3 An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
41. Maternity Leave
41.1 A staff member
who is pregnant shall, subject to this clause, be entitled to be granted
maternity leave as follows:
41.1.1 for a period up to
9 weeks prior to the expected date of birth; and
41.1.2 for a further
period of up to 12 months after the actual date of birth.
41.2 A staff member
who has been granted maternity leave may, with the permission of the Department
Head, take leave after the actual date of birth:
41.2.1 full-time for a
period of up to 12 months; or
41.2.2 part-time for a
period of up to 2 years; or
41.2.3 as a combination
of full-time and part-time over a proportionate period of up to 2 years.
41.3 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.
41.4 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.
41.5 If the position
occupied by the staff member immediately prior to maternity leave has ceased to
exist, but there are other positions available that the staff member is
qualified for and is capable of performing, the staff member shall be appointed
to a position of the same grade and classification as the staff member's former
position, subject to the mobility provisions of the Government Sector
Employment Act 2013.
41.6 A staff member
who:
41.6.1 applied for
maternity leave within the time and in the manner determined by the Department
Head; and
41.6.2 prior to the
expected date of birth, completed not less than 40 weeks' continuous service,
shall be paid at her ordinary rate of pay for a period not exceeding 14 weeks,
or 28 weeks at half pay, or the period of maternity leave taken, whichever is
the lesser period.
41.7 Except as
provided in paragraph (f) of this subclause, maternity leave shall be granted
without pay.
42. Parental Leave
42.1 A staff member
is entitled to take parental leave in respect of each pregnancy of the spouse
or partner as follows:
42.1.1 short parental
leave - an unbroken period of one week at the ordinary rate of pay, or 2 weeks
at half pay at the time of the birth of the child or other termination of the
spouse's or partner's pregnancy;
42.1.2 extended parental
leave - for a period not exceeding 12 months, less any short parental leave
already taken by the staff member as provided for in subparagraph (1) of
paragraph (a) of this subclause in order to assume the primary care giving
responsibilities.
42.2 Extended
parental leave may commence at any time up to 2 years from the date of birth of
the child.
42.3 A staff member
who has been granted parental leave may, with the permission of the Department
Head, take such leave:
42.3.1 full-time for a
period not exceeding 12 months; or
42.3.2 part-time over a
period not exceeding 2 years; or
42.3.3 partly full-time
and partly part-time over a proportionate period of up to 2 years.
42.4 A staff member
who resumes duty immediately on the expiration of parental leave shall:
42.4.1 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
42.4.2 if the position
occupied by the staff member has ceased to exist, but there are other positions
available that the staff member is qualified for and is capable of performing,
the staff member shall be appointed, to a position of the same grade and
classification as the staff member's former position, subject to the mobility
provisions of the Public Sector
Employment and Management Act 2002.
42.5 Except as
provided in paragraph (a) (1) of this subclause, parental leave shall be
granted without pay.
42.6 Refer to the Industrial Relations Act 1996 (NSW). The
following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).
42.7 An employer must
not fail to re-engage a regular casual employee (see section 53(2) of the Act)
because:
42.7.1 the employee or
employee's spouse is pregnant; or
42.7.2 the employee is or
has been immediately absent on parental leave.
42.7.3 The rights of an
employer in relation to engagement and re-engagement of casual employees are
not affected, other than in accordance with this clause.
42.8 Right to request
- An employee entitled to parental leave may request the employer to allow the
employee:
42.8.1 to extend the
period of simultaneous unpaid parental leave use up to a maximum of eight
weeks;
42.8.2 to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
42.8.3 to return from a
period of parental leave on a part-time basis until the child reaches school
age;
42.8.4 to assist the
employee in reconciling work and parental responsibilities.
42.8.5 The employer shall
consider the request having regard to the employee's circumstances and,
provided the request is genuinely based on the employee's parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer's business. Such grounds might
include cost, lack of adequate replacement staff, loss of efficiency and the
impact on customer service.
42.8.6 Employee's request
and the employer's decision to be in writing.
The employee's request and the employer's decision made under 42.8.2 and
42.8.4 must be recorded in writing.
42.8.7 Request to return
to work part-time - Where an employee wishes to make a request under 42.8.4
such a request must be made as soon as possible but no less than seven weeks
prior to the date upon which the employee is due to return to work from
parental leave.
42.8.8 Communication
during parental leave - Where an employee is on parental leave and a definite
decision has been made to introduce significant change at the workplace, the
employer shall take reasonable steps to:
42.8.8.1 make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
42.8.8.2 provide
an opportunity for the employee to discuss any significant effect the change
will have on the status or responsibility level of the position the employee
held before commencing parental leave.
42.8.8.3 The
employee shall take reasonable steps to inform the employer about any
significant matter that will affect the employee's decision regarding the
duration of parental leave to be taken, whether the employee intends to return
to work and whether the employee intends to request to return to work on a
part-time basis.
42.8.8.4 The
employee shall also notify the employer of changes of address or other contact
details which might affect the employer's capacity to comply with paragraph
(a).
43. Adoption Leave
43.1 A staff member
adopting a child and who will be the primary care giver shall be entitled to be
granted adoption leave:
43.1.1 for a period of up
to 12 months if the child has not commenced school at the date of the taking of
custody; or
43.1.2 for such period,
not exceeding 12 months on a full-time basis, as the Department Head may
determine, if the child has commenced school at the date of the taking of
custody.
43.2 A staff member
who has been granted adoption leave may, with the permission of the Department
Head, take leave:
43.2.1 full-time for a
period not exceeding 12 months; or
43.2.2 part-time over a
period not exceeding 2 years; or
43.2.3 partly full-time
and partly part-time over a proportionate period of up to 2 years.
43.3 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.
43.4 A staff member
who resumes duty immediately on the expiration of adoption leave shall:
43.4.1 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
43.4.2 if the position so
occupied by the staff member has ceased to exist, but there are other positions
available that the staff member is qualified for and is capable of performing,
the staff member shall be appointed, to a position of the same grade and
classification as the staff member's former position, subject to the mobility
provisions of the Government Sector Employment Act 2013
43.5 A staff member
who will be the primary care giver from the date of taking custody of the
adopted child shall be entitled to payment at the ordinary rate of pay for a
period not exceeding 14 weeks, or 28 weeks at half pay of adoption leave or the
period of adoption leave taken, whichever is the lesser period if the staff
member:
43.5.1 applied for
adoption leave within the time and in the manner determined by the Department
Head; and
43.5.2 prior to the
commencement of adoption leave, completed not less than 40 weeks' continuous
service.
43.6 With the
exception of subclause 43.5, adoption leave shall be granted without pay.
43.7 Special Adoption
Leave - A staff member shall be entitled to special adoption leave without pay
for up to 2 days to attend interviews or examinations for the purposes of
adoption. Special adoption leave may be taken as a charge against recreation
leave, extended leave, flexitime or family and community service.
44. Family and
Community Service Leave
44.1 The Department
Head shall grant to an employee some or all of the available family and
community service leave on full pay, for reasons relating to family
responsibilities, performance of community service or emergencies.
44.2 Such cases may
include but not be limited to the following:
44.2.1 compassionate
grounds - such as the death or illness of a close member of the family or a
member of the employee’s household;
44.2.2 emergency
accommodation matters up to one day, such as attendance at court as defendant
in an eviction action, arranging accommodation, or when required to remove
furniture and effects;
44.2.3 emergency or
weather conditions, such as when flood, fire or snow or disruption to utility
services etc. threaten property and/or prevent an employee from reporting for
duty;
44.2.4 attending to
family responsibilities such as citizenship ceremonies, parent/teacher
interviews or attending child's school for other reasons;
44.2.5 attendance at
court by an employee to answer a charge for a criminal offence, only if the
Department Head considers the granting of family and community service leave to
be appropriate in a particular case;
44.2.6 attendance at a
competitor in major amateur sport (other than Olympic or Commonwealth Games)
for staff members who are selected to represent Australia or the State; and
44.2.7 absence during
normal working hours to attend meetings, conferences or to perform other
duties, for an employee holding office in Local Government, and whose duties
necessitate absence during normal working hours for these purposes, provided
that the employee does not hold a position of Mayor of a Municipal Council,
President of a Shire Council or Chairperson of a County Council.
44.3 The maximum
amount of family and community service leave on full pay which may, subject to
this Award, be granted to a staff member shall be the greater of the leave
provided in subclauses 44.3.1 or 44.3.2 of this clause.
44.3.1 2½ of the
employee's working days in the first year of service and, on completion of the
first year's service, 5 of the employee's working days in any period of 2
years; or
44.3.2 After the
completion of 2 years' continuous service, the available family and community
service leave is determined by allowing 1 day's leave for each completed year
of service less the total amount of family and community service leave
previously granted to the employee.
44.4 If available
family and community service leave is exhausted as a result of natural
disasters, the Department Head shall consider applications for additional
family and community service leave, if some other emergency arises. On the
death of a person as described in 1.1.3 of clause 40, Personal/Carer’s Leave -
August 1996, additional paid family and community service leave of up to 2 days
may be granted on a discrete, per occasion basis to an employee.
44.5 In cases of
illness of a family member for whose care and support the employee is
responsible, paid sick leave in accordance with subclause 1.1.3 of clause 40 of
this Award shall be granted when paid family and community service leave has
been exhausted.
45. Trade Union Leave
45.1 The granting of
leave with pay will apply to the following activities undertaken by a trade
union delegate, as specified below:
45.1.1 annual or biennial
conferences of the delegate's union;
45.1.2 meetings of the
union's Executive, Committee of Management or Councils;
45.1.3 annual conference
of the Unions NSW and the biennial Congress of the Australian Council of Trade
Unions;
45.1.4 attendance at
meetings called by Unions NSW involving a public sector trade union which
requires attendance of a delegate;
45.1.5 attendance at
meetings called by the Industrial Relations Secretary, as the employer for
industrial purposes, as and when required;
45.1.6 giving evidence
before an Industrial Tribunal as a witness for the trade union;
45.1.7 local meetings
between the Union and Management
46. Supplementary
Labour
46.1 The parties to
this agreement recognise that at times of peak workloads and when staff are on
long term absences there may be a requirement to use supplementary labour in
order to meet criteria deadlines.
46.2 This
supplementary labour may be casual or temporary and;
46.2.1 arranged through
or with an Employment Agency of bona-fide contractors; or
46.2.2 in accordance with
the provisions of the Government Sector Employment Act 2013.
46.3 It is not the
Department’s intention to use supplementary labour as an alternative to filling
vacant permanent positions.
47. Salary Packaging
Arrangements, Including Salary Sacrifice to Superannuation
47.1 The entitlement
to salary package in accordance with this clause is available to:
47.1.1 permanent
full-time and part-time employees;
47.1.2 temporary
employees, subject to the Department or agency’s convenience; and
47.1.3 casual employees,
subject to the Department or agency’s convenience, and limited to salary
sacrifice to superannuation in accordance with subclause 47.7.
47.2 For the purposes
of this clause:
47.2.1 "salary"
means the salary or rate of pay prescribed for the employee's classification in
Table 1 - Wages of this Award, and any other payment that can be salary
packaged in accordance with Australian taxation law.
47.2.2 "post
compulsory deduction salary" means the amount of salary available to be
packaged after payroll deductions required by legislation or order have been
taken into account. Such payroll deductions may include, but are not limited
to, taxes, compulsory superannuation payments, HECS payments, child support
payments, and judgement debtor/garnishee orders.
47.3 By mutual
agreement with the Industrial Relations Secretary, an employee may elect to
package a part or all of their post compulsory deduction salary in order to
obtain:
47.3.1 a benefit or
benefits selected from those approved by the Industrial Relations Secretary;
and
47.3.2 an amount equal to
the difference between the employee’s salary, and the amount specified by the
Industrial Relations Secretary for the benefit provided to or in respect of the
employee in accordance with such agreement.
47.4 An election to
salary package must be made prior to the commencement of the period of service
to which the earnings relate.
47.5 The agreement
shall be known as a Salary Packaging Agreement.
47.6 Except in
accordance with subclause 7.7, a Salary Packaging Agreement shall be recorded
in writing and shall be for a period of time as mutually agreed between the
employee and the Industrial Relations Secretary at the time of signing the
Salary Packaging Agreement.
47.7 Where an
employee makes an election to sacrifice a part or all of their post compulsory
deduction salary as additional employer superannuation contributions, the
employee may elect to have the amount sacrificed:
47.7.1 paid into the
superannuation fund established under the First State Superannuation Act 1992;
or
47.7.2 where the
employer is making compulsory employer superannuation contributions to another
complying superannuation fund, paid into the same complying fund; or
47.7.3 subject to the
Department or agency’s agreement, paid into another complying superannuation
fund.
47.8 Where the
employee makes an election to salary sacrifice, the employer shall pay the
amount of post compulsory deduction salary, the subject of election, to the
relevant superannuation fund.
47.9 Where the
employee makes an election to salary package and where the employee is a member
of a superannuation scheme established under the:
47.9.1 Police Regulation (Superannuation) Act
1906;
47.9.2 Superannuation Act 1916;
47.9.3 State Authorities Superannuation Act
1987; or
47.9.4 State Authorities Non-contributory
Superannuation Act 1987,
the employee’s Department or agency must ensure that
the employee’s superable salary for the purposes of the above Acts, as notified
to the SAS Trustee Corporation, is calculated as if the Salary Packaging
Agreement had not been entered into.
47.10 Where the employee
makes an election to salary package, and where the employee is a member of a
superannuation fund other than a fund established under legislation listed in
subclause 7.9 of this clause, the employee’s Department or agency must continue
to base contributions to that fund on the salary payable as if the Salary
Packaging Agreement had not been entered into.
This clause applies even though the superannuation contributions made by
the Department or agency may be in excess of superannuation guarantee
requirements after the salary packaging is implemented.
47.11 Where the employee
makes an election to salary package:
47.11.1 subject
to Australian Taxation law, the amount of salary packaged will reduce the
salary subject to appropriate PAYG taxation deductions by the amount packaged;
and
47.11.2 any
allowance, penalty rate, payment for unused leave entitlements, weekly worker’s
compensation or other payment, other than any payments for leave taken in
service, to which an employee is entitled under this agreement or any applicable
Award, Act or statute which is expressed to be determined by reference to the
employee’s rate of pay, shall be calculated by reference to the rate of pay
which would have applied to the employee in Table 1 - Wages of this Award if
the Salary Packaging Agreement had not been entered into.
47.12 The Industrial
Relations Secretary may vary the range and type of benefits available from time
to time following discussion with the Union.
Such variations shall apply to any existing or future Salary Packaging
Agreement from date of such variation.
47.13 The Industrial
Relations Secretary will determine from time to time the value of the benefits
provided following discussion with the Union.
Such variations shall apply to any existing or future Salary Packaging
Agreement from the date of such variation.
In this circumstance, the employee may elect to terminate the Salary
Packaging Agreement.
48. Workplace Reform
Program
48.1 The parties
agree that this Award, in providing a single classification and rate of pay for
all tradespersons in the Fleet Section, including appropriate allowances,
provides appropriate compensation in recognition of multi-skilling and changes
made to working arrangements through consultation and cooperation. Workplace reform will continue - but not
limited to - the following issues:
Consultation with the parties in relation to the
implementation of this Award, and
Ensuring Equal Employment Opportunity and recognition
of merit.
49. Calculations
49.1 In relation to
Part B of this Award, and specifically Tables 1, 2 and 3, per week amounts are
rounded to the nearest ten cents, per day to the nearest cent, and per hour to
the cent.
50. No Extra Claims
50.1 The parties
agree that, during the term of this Award, there will be no extra wage claims,
claims for improved conditions of employment or demands made with respect to
the employees covered by the Award and, further, that no proceedings, claims or
demands concerning wages or conditions of employment with respect to those employees
will be instituted before the Industrial Relations Commission or any other
industrial tribunal.
50.2 The terms of the
preceding paragraph do not prevent the parties from taking any proceedings with
respect to the interpretation, application or enforcement of existing Award
provisions.
51. Area, Incidence
and Duration
51.1 The Crown
Employees (Fire & Rescue NSW Tradespersons) Award 2017 rescinds and
replaces the Crown Employees (Fire & Rescue NSW Tradespersons) Award 2016.
51.2 Historically
rates of pay and wage related allowances expressed in the Crown Employees (New
South Wales Fire Brigades - Maintenance, Construction and Miscellaneous Staff)
Award have had a nexus with the Crown Employees Wages Staff (Rates of Pay)
Award and its successors. However, after
the date of the making of the Crown Employees (Fire & Rescue NSW
Tradespersons) Award 2012 this nexus ceased.
51.3 This Award shall
apply to all employees in the classifications specified in Part B, Monetary
Rates, Table 1 - Wages in the employment of Fire & Rescue NSW.
51.4 The term of this
Award is 1st of July 2017 until 30th of June 2018, and will remain in force
thereafter until rescinded.
PART B
MONETARY RATES
Table 1- Wages
Classifications from the Crown Employees (New South Wales
Fire Brigades - Maintenance, Construction and Miscellaneous Staff) Award
Clause 4, Rates of
pay
|
From 1/7/2017
|
|
2.5%per week
|
Classification
|
$
|
(a) Electrical Department -
|
|
Automotive Electrical
|
1083.60
|
Battery Fitter
|
1083.60
|
Electrical Fitter
|
1086.60
|
Trades Assistant (Electrical Department)
|
870.00
|
Labourer-General (Electrical Department)
|
700.80
|
(b)Workshops Department -
|
|
Blacksmith/Welder
|
1026.40
|
Bodymaker
|
1015.90
|
Draughtsperson - 1st year
|
938.30
|
- 2nd year
|
980.20
|
- 3rd year
|
1026.40
|
- 4th year
|
1083.60
|
- thereafter
|
1134.90
|
Welder
|
1026.40
|
Fitter and/or Turner
|
987.90
|
Motor Mechanic
|
1015.90
|
Motor Trimmer
|
1015.90
|
Painter (Vehicle)
|
1015.90
|
Panel Beater
|
1015.90
|
Signwriter (Vehicle)
|
987.90
|
Trades assistant (Mechanical Workshops)
|
839.50
|
Labourer - General (Mechanical Workshops)
|
700.80
|
(c) Boot Factory - Bootmaker
|
980.20
|
(d) Building Maintenance Department -
|
|
Draughtsperson Building services
|
|
- 1st year
|
1083.60
|
- 2nd year
|
1103.60
|
- 3rd year
|
1123.60
|
- 4th year
|
1143.90
|
- thereafter
|
1175.20
|
Plumber
|
1026.40
|
Bricklayer
|
1015.90
|
Carpenter
|
1015.90
|
Painter
|
1015.90
|
Plasterer
|
1015.90
|
Labourer - Builders
|
997.70
|
(e) Cleaner -
|
899.00
|
Stores Assistant
|
946.50
|
Sailmaker
|
987.90
|
(h) Hose Repair Department - Hose Assembler and Repairer
|
938.30
|
Increases shall apply on and from the first full pay period
to commence on or after the dates expressed in the tables.
Classifications from NSW Fire Brigades Maintenance and
Miscellaneous Staff Enterprise Agreement 2008
|
1/7/2017
|
|
2.5% Per week
|
COMMUNICATION
SECTION
|
$
|
Electronic Technician
|
|
- 1st year
|
1398.20
|
- 2nd year
|
1440.30
|
- 3rd year
|
1466.00
|
- 4th year
|
1497.10
|
Instrument Maker
|
1235.70
|
Radio Mechanic
|
1179.90
|
Telephone Mechanic
|
1179.90
|
Electronic Tradesperson
|
1355.30
|
Electrical Mechanic
|
1179.90
|
Trades Assistant
|
947.70
|
|
1/7/2017
|
|
2.5% per week
|
|
$
|
FLEET SECTION
|
|
Fire Vehicle Repairer
|
|
- 1st Year
|
1195.50
|
- Thereafter* (Rate = 1st Year + FEA)
|
1275.80
|
Trades Assistant
|
914.20
|
*inclusive of the Fire Equipment Allowance after 12 months
continuous service.
|
1/7/2017
|
|
2.5% per week
|
APPRENTICES**
|
$
|
- 1st year
|
478.70
|
- 2nd year (Rate = 2nd Year + NT FEA)
|
689.30
|
- 3rd year (Rate = 3rd Year + NT FEA)
|
866.30
|
- 4th year (Rate = 4th Year + NT FEA)
|
989.70
|
Adult (Rate = Adult + NT FEA)
|
989.70
|
** inclusive in rate after 12 months continuous service an
apprentice receives the (Non Trades Staff) Fire
Equipment Allowance.
Increases shall apply on and from the first full pay period
to commence on or after the dates expressed in the tables.
Table 2 - Other Rates and Allowances
from the Crown Employees (New South Wales Fire Brigades -
Maintenance, Construction and Miscellaneous Staff) Award
Item
|
Clause 10,
Additional Wage Rates
|
1/7/2017
|
|
|
2.5%
|
1
|
10.1 Electricians:
|
|
|
An electrician who is the holder of
|
|
|
A Grade Licence (per week)
|
47.90
|
|
B Grade Licence (per week)
|
25.80
|
2
|
10.2 Lead Burner -
The ordinary rates for lead shall be calculated by
|
|
|
adding to the rate prescribed for journey person Plumbers
in this Award
|
|
|
(per hour)
|
0.88
|
3
|
10.3 Plumber when
required to act on a Plumbers Licence (per hour)
|
1.24
|
4
|
10.3.2 When
required to act on a Gasfitters Licence (per hour)
|
1.24
|
5
|
10.3.3 When
required to act on a Drainers Licence (per hour)
|
1.02
|
6
|
10.3.4 When
required to act on a Plumbers and Gasfitters Licence
|
|
|
(per hour)
|
1.66
|
7
|
10.3.5 When
required to act on a Plumbers and Drainers Licence
|
|
|
(per hour)
|
1.66
|
8
|
10.3.6 When
required to act on Gasfitters and Drainers Licence
|
|
|
(per hour)
|
1.66
|
9
|
10.3.7 When required
to act on a Plumber's, Gasfitter's and Drainer's
|
|
|
Licence (per hour)
|
2.26
|
10
|
10.5 Electric
Welding Certificate (per hour)
|
0.69
|
11
|
10.6 Computing
Quantities (per day)
|
5.66
|
12
|
10.7 Certificate of
Registration (per hour)
|
0.72
|
Clause 20. Special Rates
|
|
13
|
20.3.2 Plasterers
working on swing scaffold (per hour)
|
0.82
|
14
|
20.4 Hot Places
(per hour)
|
0.73
|
15
|
20.6 Wet Places -
Water other than rain (per hour)
|
0.73
|
16
|
20.6.2 Plumber in
the rain (per hour)
|
0.73
|
17
|
20.6.3 Knee deep
water/mud (per day)
|
6.19
|
18
|
20.7 Swinging
Scaffolds for the first four hours or any portion thereof,
|
5.65
|
|
and for each hour thereafter
|
1.13
|
19
|
20.8 Plasterers
working on swing scaffold (per hour)
|
0.16
|
20
|
20.10 Roof work
(per hour)
|
0.94
|
21
|
20.11 Electric
Welding (per hour)
|
0.26
|
22
|
20.12 Explosive
Powered Tools (per day)
|
2.60
|
23
|
20.13 Scaffolding
Rigging (per hour)
|
0.73
|
24
|
20.16 Distant
Places -
|
|
|
20.16.1 West and
North of State Highway 17 etc (per day)
|
1.17
|
|
20.16.2 Western
Division (per day)
|
1.91
|
|
20.16.3 Snowy River
to Dalgety etc (per day)
|
1.91
|
25
|
20.18 Painters -
burning off paint and applying the first coat (per hour)
|
0.72
|
Clause 20.22 Chokages
|
|
26
|
Chokages (per day or part of a day)
|
8.04
|
Increases shall apply on and from the first full pay period
to commence on or after the dates expressed in the tables.
Table 3 - Allowances
from NSW Fire Brigades Maintenance and Miscellaneous Staff
Enterprise Agreement 2008
Item
|
|
1/7/2017
|
|
ALLOWANCES
|
2.5%
|
|
|
$
|
1
|
Team Leader Allowance (per week)
|
179.70
|
2
|
Technician Allowance (per week)
|
150.60
|
3
|
Heavy Vehicle Inspectors Allowance (per day)
|
2.20
|
4
|
On Call Allowance - Monday to Friday (per day)
|
21.30
|
5
|
On Call Allowance - Saturday, Sunday & Public Holidays
(per day)
|
32.42
|
Item
|
|
1/7/2017
|
|
Clause 20, SPECIAL
RATES
|
2.5%
|
|
|
$
|
1
|
20.1.1 Confined
Spaces
|
1.00
|
2
|
20.1.2 Dirty Work
|
0.85
|
3
|
20.3.1 Height Pay -
7.5 metres
|
0.90
|
4
|
20.3.1 Height Pay -
every metre beyond
|
0.27
|
5
|
20.5 Insulation
Material
|
0.85
|
6
|
20.5 Insulation
Material - if Silicate
|
1.00
|
7
|
20.9 Spray
Applications (per hour)
|
0.84
|
8
|
20.17.1 Applying
Noxious Substances - Epoxy (per hour)
|
1.00
|
9
|
20.17.2 Applying
Noxious Substances - Air Conditioning (per hour)
|
0.64
|
10
|
20.17.4 Applying
Noxious Substances - Close Proximity (per hour)
|
0.80
|
11
|
20.20 Asbestos
Eradication (per hour)
|
2.79
|
Increases shall apply on and from the first full pay period
to commence on or after the dates expressed in the tables.
|
1/7/2016
|
Clause 16, TOOL
ALLOWANCES
|
per week
|
|
$
|
Body maker
|
30.80
|
Motor Mechanic
|
30.80
|
Painter (Vehicle)
|
7.50
|
Panel Beater
|
30.80
|
Automotive Electrician
|
30.80
|
Electronic Technician
|
19.46
|
Instrument Maker
|
19.46
|
Radio Mechanic
|
19.46
|
Telephone Mechanic
|
19.46
|
Fitter
|
30.80
|
Electronic Tradesperson
|
19.46
|
Apprentices
|
|
Motor Mechanic
|
30.80
|
Automotive Electrician
|
30.80
|
Fitter
|
30.80
|
Electronic Technician
|
19.46
|
Increases in the Tool Allowance will be based upon increases
expressed in the Crown Employees (Skilled Trades) Award. These amounts will be
administratively adjusted when the Crown Employees (Skilled Trades) Award
increases.
|
1/7/2017
|
Clause 18, FIRE
EQUIPMENT ALLOWANCE
|
2.5% per week
|
|
$
|
Fire Equipment Allowance (FEA) - Trades**
|
80.40
|
Fire Equipment Allowance (FEA) - Non Trades
|
60.10
|
** At the completion of 12 months continuous service
Increases shall apply on and from the first full pay period
to commence on or after the dates expressed in the tables.
|
|
1/7/2016
|
Item
|
Clause 23, MEAL
ALLOWANCE
|
per meal
|
|
|
$
|
1
|
After 1½ hour overtime
|
14.90
|
2
|
Each 4 hours thereafter
|
12.80
|
Item
|
Clause 24,
TRAVELLING TIME AND OTHER FARES
|
1/7/2016
|
|
|
per day
|
|
|
$
|
1
|
Other than Builders’ Labourers
|
24.00
|
2
|
Employer providing transport
|
9.60
|
Item
|
Clause 34,
INSURANCE OF TOOLS
|
1/7/2016
|
|
|
per day
|
|
|
$
|
1
|
Maximum claim for loss of tools
|
1790.10
|
Increases in meal allowance, travelling time and other fares
and insurance of tools will be based upon increases expressed in the Crown
Employees (Skilled Trades) Award. These amounts will be administratively
adjusted when the Crown Employees (Skilled Trades) Award increases.
P. KITE, Chief Commissioner
____________________
Printed by the authority of the Industrial Registrar.