Crown Employees (Rural Fire Service) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 179156 of 2021)
|
Before Chief Commissioner Constant
|
23 December 2021
|
REVIEWED
AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Title
3. Parties to
the Award
4. Definitions
5. Classification
and Salary Rates
6. Conditions
of Employment
7. Hours of
Work
8. Attendance
and Working Arrangements
9. Background
to Work Hours Arrangements
10. Requirement
to Work Additional Hours
11. Agreed
Absences
12. Annualised
Conditions Allowance (ACA)
13. After Hours
Allowance
14. District
Support Staff/Fleet Roles and Allowances
15. Major
Incident Conditions
16. Operational
Communications Centre (OCC)
17. Staff
Members who are Volunteer Members
18. Anti-Discrimination
19. Area,
Incidence and Duration
PART B
MONETARY RATES
20. Schedule A
– Allowances
2. Title
2.1 This Award will
be known as the Crown Employees (Rural Fire Service) Award.
3. Parties to the Award
3.1 NSW Rural Fire
Service and Industrial Relations Secretary; and
3.2 Public Service
Association and Professional Officer’s Association Amalgamated Union of New
South Wales.
4. Definitions
4.1 "Act"
means the Government Sector Employment
Act 2013.
4.2 "Association"
means the Public Service Association and Professional Officers' Association
Amalgamated Union of New South Wales.
4.3 "At the
convenience of" means the operational requirements permit the staff
member's release from duty or that satisfactory arrangements can be made for
the performance of the staff member's duties during the absence.
4.4 "Award"
means an award as defined in the Industrial
Relations Act 1996.
4.5 "Business
Unit" means a section or part of the organisation that has a dedicated
budget and/or corporate goals or objectives that need to be achieved as part of
the overall strategic plan for the NSW Rural Fire Service.
4.6 "Casual
Employee" means any employee engaged in terms of the Government Sector Employment Act 2013 and any guidelines issued
thereof or as amended from time to time.
4.7 "Conditions
Award" means the Crown Employees (Conditions of Employment) Reviewed Award
2009 or award replacing it.
4.8 "Commissioner"
means the Commissioner of the NSW Rural Fire Service or a person authorised by
the Commissioner through delegated authority.
4.9 "Duty
Officer" means a staff member rostered for duty or operating after hours,
as directed by the Commissioner (under the Rural
Fires Act 1997), to serve as coordinator of the Commissioner’s emergency
response organisation by receiving and passing on reports and other information,
alerting reserve resources when necessary, liaising with other organisations
involved in emergency response and performing normal duties as required.
4.10 "Incident"
means an unscheduled activity such as wildfire suppression, flood or storm relief,
search and rescue, cetacean rescue, accident and substance spill attendance, or
as otherwise approved by the Commissioner, but does not include hazard
reductions.
4.11 "Incident
Controller" means a staff member who has been appointed by the Commissioner
and is responsible for incident activities including the development and
implementation of strategic decisions and approving the ordering and releasing
of resources.
4.12 "Incident
Duties" means all work involved in incidents for which there is NSW Rural
Fire Service participation from when an event is declared an incident, until it
is declared over by the incident controller.
Duties may include the initial reporting,
reconnaissance, organisation of resources, control, mop up, control to
completion of incident duties, and may involve office duties in the
organisation and direction of the emergency response as well as work at the
scene (refer to the Major Incident Conditions clause in this Award).
4.13 "JCC" -
means the NSW Rural Fire Service Joint Consultative Committee that meets on a
regular basis to formally address matters of mutual interest and concern, and
encourage and facilitate workplace reform and equitable, innovative and
productive workplace relations.
4.14 "Major
Incident Conditions" means the conditions that apply in circumstances
where an incident is declared by the Commissioner.
4.15 "Normal
work", for the purposes of the Grievance and Dispute Settling Procedures
in this Award, means the work carried out in accordance with the staff member's
role at the location where the staff member was employed, at the time the
grievance or dispute was notified by the staff member.
4.16 "On-call
(General)" means, unless already eligible for an on-call allowance under
an annualised arrangement or other industrial instrument, a staff member will
be entitled to be paid an on call allowance when directed by the NSW Rural Fire
Service to be on call outside the staff member's normal working hours.
4.17 "On-call
(Major Incident)" means the requirement for staff, as defined by this
Award, to respond to the NSW Rural Fire Service's matters while on or off duty
without necessarily returning to their normal place of employment or residence,
the response being necessary to assist in bringing an incident to a satisfactory
conclusion.
This requirement does not include times when such staff
members are on approved annual or long service leave.
4.18 "SERM
Act" means the State Emergency and
Rescue Management Act 1989.
4.19 "Service"
means the NSW Rural Fire Service as established in the Rural Fires Act 1997.
4.20 "Staff"
or "Staff Member" means an ongoing, casual or a temporary employee as
defined in the Act and, unless otherwise specified in this Award, includes both
full-time and part-time staff.
5. Classification and Salary Rates
5.1 The
classification under this award is titled "RFS Officer".
5.2 The salary rates
are set out in the Crown Employees (Public Sector – Salaries 2021) Award and
are varied in accordance with any variation or replacement award.
5.3 Annual
incremental progression within a level or broad banded levels will be:
5.3.1 On the
anniversary of appointment to a role; and
5.3.2 Subject to a
satisfactory performance report by the Supervisor.
6. Conditions of Employment
6.1 The staff
members regulated by this award will be entitled to the conditions of
employment as set out in this award and, except where specifically varied by
this award, existing conditions are provided for under the Government Sector Employment Act 2013, the Government Sector
Employment Regulation 2014, Crown Employees (Public Service Conditions of
Employment) Reviewed Award 2009 and the Crown Employees (Public Sector -
Salaries 2021) Award or any awards replacing these awards.
6.2 Where there may
be inconsistencies between this Award and the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2009, or any other public service
award, agreement or industrial instrument that would otherwise cover staff of
the NSW Rural Fire Service, the arrangements in this Award will prevail.
7. Hours of Work
7.1 Notionally staff
will work a 35-hour week worked any time from Monday to Sunday.
7.2 The normal
working week will be Monday to Friday with standard office hours from 9.00am to
5.00pm.
7.3 The bandwidth
for working the 35 hours will normally be between 7.00am and 7.00pm unless
otherwise agreed.
7.4 The NSW Rural
Fire Service will take appropriate measures to comply with the provisions of
the Industrial Relations Act 1996
which require that the ordinary hours of employment of staff will not exceed a
maximum of 35 hours per week, averaged over a 12-week period.
7.5 Staff members will
attend their place of employment for sufficient hours to perform their duties
and to service Business Unit clients.
The duties are those as defined in the approved Role Description for the
job and the agreed performance management criteria for the role staff are
appointed to or in which they are acting.
7.6 A settlement
period will be each calendar month for the purposes of the taking or
accumulation of an agreed absence.
7.7 Local
arrangements between staff and supervisors will be aimed at achieving the key
result areas for each role in compliance with the Corporate Plan and the
corresponding Business Plan for each Business Unit.
7.8 Standard hours
are set and regular hours of operation as determined by the Commissioner from
time to time to meet organisational requirements.
7.9 Overtime is all
time approved or directed to be worked before 7.30am or after 6.00pm on a
normal workday between Monday to Friday, or on weekends and public holidays at
the direction of the Commissioner.
8. Attendance and Working Arrangements
8.1 There are no
fixed rules regarding attendance times or days and subsequently, there is no requirement
upon individuals to maintain any formal record of hours worked.
8.2 Staff members
may however choose to keep their own personal record or diary of hours worked
to ensure the provisions of the Industrial
Relations Act 1996 as defined in subclause 7.4 of clause 7, Hours of Work
are complied with.
8.3 Within the
parameters of this clause, staff covered by this arrangement may reach mutual
agreement with their supervisor regarding hours of work.
8.4 Such working
hours need to be sufficient to satisfy the working requirements of the Business
Unit in accordance with agreed performance criteria.
8.5 Each staff
member will record their daily attendance.
8.6 This record will
also serve as the Monthly Attendance Return required for auditing purposes to
confirm attendance of staff at work.
9. Background to Work Hours Arrangements
9.1 The arrangements
set out in this clause are those that apply to all categories of staff covered
by this Award unless otherwise specified by the Commissioner in accordance with
subclause 7.8 of clause 7, Hours of Work.
9.2 The work hours
scheme is based on a high level of trust and mutual respect between management
and staff and is designed to build on and maximise the level of positive
communication and understanding between management and staff.
9.3 Management and
staff agree that achievement of Corporate Goals, meeting deadlines, provision of
client services and completion of tasks in accordance with commitments is the
business of the NSW Rural Fire Service.
9.4 The work hours
scheme is designed to provide a professional approach to the conduct of the NSW
Rural Fire Service as a business with a substantial volunteer base, with a
balance between working life and private life for each staff member and
typified by "a fair day’s pay for a fair day’s work".
10. Requirement to Work Additional Hours
10.1 The Commissioner
may require a staff member to perform duty beyond the hours determined under
this award but only if it is reasonable for the staff member to be required to
do so.
10.2 A staff member
may refuse to work additional hours in circumstances where the working of such
hours would result in the staff member working unreasonable hours.
10.3 In determining
what is unreasonable, the following factors will be taken into account:
10.3.1 the staff member’s
prior commitments outside the workplace, particularly the staff member’s family
and carer responsibilities, community obligations or study arrangements,
10.3.2 any risk to staff
member health and safety,
10.3.3 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,
10.3.4 the notice (if
any) given by the Commissioner regarding the working of the additional hours,
and by the staff member of their intention to refuse the working of additional
hours, or
10.3.5 any other relevant
matter.
11. Agreed Absences
11.1 Staff members
covered by this arrangement will be entitled to one day off per calendar month
every financial year (except staff on standard hours) in recognition of the
hours worked and professional commitment to the organisation.
11.2 The day to be
absent from work will be referred to as an "agreed absence" and will
be taken at a time that is mutually agreed between the staff member and
supervisor.
11.3 By agreement, and
at the convenience of the NSW Rural Fire Service, more flexible arrangements in
relation to agreed absences may be made between staff members and supervisors
on a local basis to meet personal and business requirements.
11.4 To meet either
unforeseen circumstances or regular deadlines such as end of financial year
accounts processing, staff members and supervisors may agree that staff members
may postpone an agreed absence for one or more months.
11.5 The taking of
postponed agreed absences is a matter for local arrangement between the staff
member and his or her supervisor.
11.6 Subject to
agreement, up to five agreed absences may be conserved by a staff member during
any one financial year, during which time:
11.6.1 conserved days may
be taken, subject to arrangement with the supervisor; or
11.6.2 up to five (5)
agreed absences may be "cashed in" at the staff member’s ordinary
salary rate of pay.
11.6.3 conserved days in
excess of five (5) at the end of each financial year will be forfeited unless
the Commissioner approves otherwise.
12. Annualised Conditions Allowance (ACA)
12.1 The ACA is an
allowance paid in lieu of all foreseeable on-call, after hours, excess
travelling time, programmed overtime, uniform/laundry and garage/carport.
12.2 This is an
all-inclusive allowance capped at the maximum payable rate of 15% of the salary
of RFS Officers, in accordance with the Matrix below:
|
|
Program
Overtime
|
After
Hours
|
Excess
Travel Time
|
On-call
|
Garage/Carport
|
Uniform/Laundry
|
|
|
Scenario 1
|
ü
|
ü
|
ü
|
ü
|
ü
|
ü
|
15.00
%
|
|
Scenario 2
|
ü
|
ü
|
ü
|
|
ü
|
ü
|
14.00
%
|
|
Scenario 3
|
ü
|
ü
|
|
ü
|
ü
|
ü
|
13.00
%
|
|
Scenario 4
|
ü
|
|
ü
|
ü
|
ü
|
ü
|
12.00
%
|
|
Scenario 5
|
ü
|
|
ü
|
ü
|
|
|
11.50
%
|
|
Scenario 6
|
ü
|
ü
|
|
|
ü
|
ü
|
11.00
%
|
|
Scenario 7
|
ü
|
|
ü
|
|
ü
|
ü
|
10.50
%
|
|
Scenario 8
|
ü
|
|
ü
|
|
|
ü
|
10.00
%
|
|
Scenario 9
|
ü
|
|
|
ü
|
ü
|
ü
|
9.00%
|
|
Scenario 10
|
ü
|
|
|
ü
|
|
|
8.50%
|
|
Scenario 11
|
|
ü
|
ü
|
|
ü
|
ü
|
8.00%
|
|
Scenario 12
|
ü
|
|
|
|
ü
|
ü
|
7.00%
|
|
Scenario 13
|
ü
|
|
|
|
|
|
6.50%
|
|
Scenario 14
|
|
ü
|
|
|
ü
|
ü
|
6.00%
|
|
Scenario 15
|
|
|
ü
|
|
ü
|
ü
|
5.00%
|
12.3 Where no scenario
exists in the Matrix to meet the particular requirements of an eligible staff
member, the next nearest percentage will be requested with an accompanying
submission with full justification, and if supported by the manager, referred
to the Commissioner for due consideration.
12.4 The Executive
Director, People and Strategy is to be informed of any such approvals.
12.5 The exception to subclause
12.1 of this clause is where major incident conditions are declared or where
extenuating circumstances exist and are approved by the Commissioner.
12.6 The ACA must be
applied for by a staff member and duly approved by an officer with the appropriate
NSW Rural Fire Service delegation.
12.7 The ACA applies
to a role and not to a staff member.
12.8 Where a staff
member in receipt of the ACA is seconded or temporarily transferred to a role
(or on a special project) for a period greater than three months and that role
does not attract the ACA, they will not receive the allowance for the period
they occupy the temporary role.
12.9 A staff member in
receipt of the ACA may, on an annual basis as at 30 June, elect to opt out of
the ACA and revert to the normal award provisions as they may apply.
12.10 The applicability
of the ACA is reviewed annually as at 30 June against the functionality of the
role through the ACA Review Panel.
12.11 The ACA Review
Panel comprises representatives from the NSW Rural Fire Service and the
Association and it makes recommendations to the Commissioner.
12.12 A staff member who
does not agree with the outcome of a particular review or decision in relation
to this clause may access the Service’s Grievance Handling Procedures for
resolution.
12.13 The ACA is not
considered salary for superannuation and termination purposes.
13. After Hours Allowance
13.1 The After Hours
Allowance is payable to staff for work undertaken outside of normal hours of
duty where the staff member will be required to be available for contact and
immediate response to a call and any minor follow up work that may result from
a call.
13.2 This allowance is
not payable where a staff member is eligible for an annualised allowance under
clause 12, Annualised Conditions Allowance, of this Award.
13.3 A weekly
allowance as per Item 1 of Schedule A, Allowances of Part B, Monetary Rates,
will be paid to cover all time outside the normal working hours that a staff
member is required to be available for contact and immediate response to a
call.
13.4 In support of
payment of such an allowance, and where determined by the Commissioner, this arrangement
will include the provision of an appropriate work area to perform the functions
required by the NSW Rural Fire Service.
13.5 The allowance
will compensate the staff member for routine incidents and minor follow-up work
that may result from a call.
13.6 Where a staff
member is rostered on duty under this clause on a public holiday, a day in lieu
will be given and is to be taken at a mutually agreeable time.
13.7 This allowance
can be rotated to accommodate other staff members rostered on to undertake
these duties as required.
13.8 In special
circumstances, application may be made to the Commissioner for the payment of
overtime over and above this allowance where extenuating circumstances can be
demonstrated that would not normally be covered by the intent of this clause.
14. District Support Staff/Fleet Roles and
Allowances
14.1 The Commissioner
will, on application, approve the payment of the appropriate allowances as set
out in Item 2 of Schedule A, Allowances of Part B, Monetary Rates.
14.2 Training and
Multi-skilling
14.2.1 Following the
provision of adequate in-house training, district support staff/fleet will be
required to undertake a range of basic cross-classification activities within
statutory limitations.
14.2.2 District support
staff/fleet will be required to undertake such cross-classification activities
when there is insufficient work in a staff member’s normal classification or
where the reallocation of staff is required to meet the NSW Rural Fire
Service’s exigencies.
14.2.3 Any district
support staff/fleet undertaking cross-classification activities in terms of
this subclause is required to carry out those activities in a responsible and
competent manner.
14.3 The NSW Rural
Fire Service may enter into arrangements to engage Apprentices.
14.4 The District
Staff (Fleet) Allowances in Item 2 of Schedule A, Allowances of Part B,
Monetary Rates of this award are increased in accordance with the relevant tool
allowances in the Crown Employees (Skilled Trades) Award as varied from time to
time, and the Crown Employees Wages Staff (Rates of Pay) Award 2021 or any
replacement award for the electrical trades.
15. Major Incident Conditions
15.1 The following conditions
apply in circumstances where an incident is declared and/or approved by the
Commissioner or State of Emergency as declared under the SERM Act until such
time as the declaration of the incident is lifted.
15.2 Conditions
15.2.1 For
the purpose of calculating payment for incident duty, the salary rate will be
the staff member’s substantive salary rate in the Crown Employees (Public
Sector – Salaries 2021) Award.
15.2.2 Call
out to attend an incident will be paid in accordance with the provisions of
this Award.
15.2.3 All
travel to and from an incident will be paid as if part of the incident.
15.2.4 Start
and finish times:
15.2.4.1 On a
normal rostered day on, start will be from normal workplace and finish will be
on return to normal workplace, plus 30 minutes.
15.2.4.2 On a
rostered day off, start will be on leaving place of abode and finish will be on
return to place of abode, plus 30 minutes.
15.2.4.3 Where
it is not possible to return to place of abode or normal workplace, start will
be on leaving accommodation and finish will be at the time of the call and
finishing time will be on return to accommodation, plus 30 minutes.
15.2.5 A
normal shift is 7 hours, but staff members may be required to work up to a
maximum of 12 hours. However, the initial shift following the declaration of an
incident may extend to a maximum of 16 hours within the 24-hour period.
15.2.6 The
intention of this Award is to allow flexibility in exceptional circumstances,
e.g., new crews arriving late, unforeseeable worsening of the incident.
15.2.7 A
minimum 10-hour break, not including travelling time, must be taken between
shifts.
15.2.8 Staff
members who undertake Fire Fighting Incident Duties on any shift, or Incident
Management Duties on night shift, will be provided with a 24-hour break at
payment of single time rates after the completion of three consecutive shifts.
15.2.9 Staff
members who undertake Incident Management Duties on day shift will be provided
with a 24-hour break at payment of single time rates at the completion of three
consecutive shifts, or if requested by the NSW Rural Fire Service and if agreed
to by the staff member, after the completion of up to five consecutive shifts.
15.2.10 Staff members
who undertake catering or administrative assistance will be provided with a
24-hour break with payment at single time rates after the completion of up to
five consecutive shifts.
15.2.11 For the
purpose of this clause:
Fire Fighting Incident Duties are defined as the
arduous duties undertaken by:
(a) Air Attack
Supervisors, Airborne Systems Operators and Air Observers; and
(b) Rapid Aerial
Response Teams (RART) and Remote Area Fire Fighting Teams (RAFT).
Incident Management Duties are defined as duties
performed by Incident Management Team roles involved in the management of a
major incident that do not include Fire Fighting Incident Duties, catering or
administrative assistance.
15.2.12 It is
the responsibility of the Incident Controller or nominee to ensure that
reasonable shift and rest periods are adhered to.
15.2.13 If a
staff member is away from their own place of work for the purposes of attending
an incident and are not required to work and it is not possible to return to
their home, seven hours normal pay will be paid per day until they return home
or to their usual place of work, whichever is the sooner.
15.2.14 Staff
members required to work on their allocated agreed absence will be allowed to
bank the day off to be cashed in or taken at a later date in accordance with
the work hours arrangements in this Award.
15.2.15 Staff
members directed to return from annual leave to attend an incident will be
compensated for pre-paid accommodation and return travel from their leave
destination to home at either first class rail travel or economy air travel
rate for themselves and any dependents or at official business rate if a
private vehicle is used.
15.2.16 Staff
members will be further compensated by single hourly rate for all hours travelled.
Such staff members will have the same option as staff members called from an
agreed absence day off.
15.2.17 No
staff member will have time deducted from pay for meal breaks unless they are
actually relieved of incident duties for the period of the break and clean-up
time, e.g., 30-45 minutes. Where meals
are provided to a staff member on the ground and eaten in conjunction with
incident duties, no deduction will be made from pay.
15.3 Payment
Associated With Incidents
15.3.1 Shift Loadings:
A shift worker employed on a shift will be paid, for
work performed during the ordinary hours of any such shift, ordinary rates plus
the following additional shift loadings depending on the commencing times of
shifts:
|
Day
|
at or after 6am and before 10am
|
Nil
|
|
Afternoon
|
at or after 10am and before 1pm
|
10%
|
|
Afternoon
|
at or after 1pm and before 4pm
|
12½%
|
|
Night
|
at or after 4pm and before 4am
|
15%
|
|
Night
|
at or after 4am and before 6am
|
10%
|
15.3.2 The loadings
specified in this subclause will only apply to shifts worked from Monday to
Friday.
15.3.3 Weekends and
Public Holidays:
For the purpose of this clause any shift, the major
portion of which is worked on a Saturday, Sunday or Public Holiday, will be
deemed to have been worked on a Saturday, Sunday or Public Holiday and will be
paid as such.
15.3.4 Saturday Shifts:
Shift workers working on an ordinary rostered shift
between midnight on Friday and midnight on Saturday, which is not a public
holiday, will be paid for such shifts at ordinary time and one half.
15.3.5 Sunday Shifts:
Shift workers working on an ordinary rostered shift
between midnight on Saturday and midnight on Sunday, which is not a public
holiday, will be paid for such shifts at ordinary time and three quarters.
15.3.6 Public Holidays:
For shift workers working on a Public Holiday, the
following will apply:
15.3.6.1 Where a
shift worker is required to and does work on a Public Holiday, the shift worker
will be paid at two and a half times the rate for time worked.
15.3.6.2 Such
payment will be in lieu of weekend or shift allowances which would have been
payable if the day had not been a Public Holiday;
15.3.6.3 a shift
worker rostered off duty on a Public Holiday will be paid one day’s pay for
that Public Holiday or have one day added to his/her annual holidays for each
such day;
15.3.7 These allowances
will not apply to any overtime worked.
15.3.8 Staff in receipt
of an ACA will have access to overtime in accordance with the provisions of
this clause at the rate of salary applicable to RFS Officers under the Crown
Employees (Public Sector – Salaries 2021) Award.
15.4 Family
15.4.1 The NSW Rural Fire
Service will compensate staff members for additional dependent care expenses
(receipts must be provided) relating to time worked during the incident.
15.4.2 This must be
arranged with the Incident Controller as soon as practical and each case will
be assessed by the Incident Controller and approved by the Commissioner.
15.5 Provision of
Meals and Accommodation whilst Working on Incident
15.5.1 The NSW Rural Fire
Service will generally provide meals, including breakfast, lunch and dinner,
and provide supper for staff members working night shift.
15.5.2 If no meal is
supplied, a payment of an amount per meal as set out in the Conditions Award
will be made.
15.5.3 Wherever possible,
staff members will be allowed to return home or the NSW Rural Fire Service will
provide suitable accommodation.
15.5.4 Where returning
home or to other accommodation is not possible or practical and the staff
members are required to camp, they will be paid the appropriate allowance as
set out in the Conditions Award.
15.6 "On
call"
15.6.1 "On
call" means the requirement for staff, as defined by this Award, to
respond to the NSW Rural Fire Service's matters while on or off duty without
necessarily returning to their normal place of employment or residence, the
response being necessary to assist in bringing an incident to a satisfactory
conclusion.
15.6.2 This requirement
does not include times when such staff are on approved annual or long service
leave.
16. Operational Communications Centre (OCC)
16.1 The shift work
provisions of the Conditions Award will apply unless otherwise specified in
this clause.
16.2 Roster Details
16.2.1 The OCC will
operate on a 24 hour per day, 7 days per week basis across the whole year.
16.2.2 Roster
arrangements will be outlined in advance for staff.
16.2.3 The rotating
roster covers a 12-week period and staff will be rostered an equitable
allocation of shifts across the period and therefore across a full year.
16.3 Time Span of Each
Shift
16.3.1 The two shift
rosters operating each day for staff will be:
|
(i)
|
Day Shift
|
6am (06:00) to 6pm (18:00)
|
|
|
|
|
|
(ii)
|
Night Shift
|
6pm (18:00) to 6am (06:00)
|
|
|
|
|
|
|
Swing Shift
|
Rostered as required
|
16.3.2 Staff members will
be rostered to undertake 35 x 12-hour shifts per 12 weeks for a total of 420
ordinary hours.
16.4 Swing Shift
16.4.1 A "swing
shift" (SS) will be allocated where the need arises to cover busy periods.
16.4.2 The Swing Shift
may be staffed by a NSW Rural Fire Service staff member or by agency staff
member through an employment agency with suitable staff.
16.5 Staffing
16.5.1 At a minimum, each
shift will consist of a Senior Operational Communications Officer and
Operational Communications Officer(s).
16.6 Averaging-Out
Shift Penalties (ASP)
16.6.1 The shift
penalties applicable have been "Averaged-Out" for all OCC staff -
abbreviated to the "ASP".
16.6.2 The ASP allows OCC
staff members to receive a consistent fortnightly salary payment, which removes
the need for frequent salary adjustment due to rotating shift arrangements.
16.6.3 The calculation of
the ASP based on the 12-week roster is as follows:
|
Shifts
|
Type of Shift
|
Hours
|
Total
|
Loading
|
Total
|
|
|
12
|
Mon to Fri - Day
|
12:00
|
144:00
|
0%
|
0
|
144:00
|
|
|
11
|
Mon to Fri - Night
|
12:00
|
132:00
|
15%
|
19.80
|
151.80
|
|
|
|
Mon to Fri Total
|
|
|
|
|
|
295:80
|
|
6
|
Saturday Total
|
12:00
|
72:00
|
50%
|
36:00
|
108:00
|
|
|
6
|
Sunday Total
|
12:00
|
72:00
|
75%
|
54.00
|
126.00
|
|
|
|
Sat and Sun Total
|
|
|
|
|
|
234:00
|
|
|
Total Hours Paid
|
|
|
|
|
|
529:80
|
529:80 paid hours divided by 420 ordinary hours =
1.2614
To express 1.26 as a percentage: (1.2614 x 100%) =
126.14%
Therefore ASP = 26.14%
16.6.4 The ASP is paid
for all normal rostered work undertaken plus during periods of annual leave,
sick leave, family and community leave, special leave and study leave.
16.6.5 The ASP will not
compensate for Public Holidays, overtime worked and during periods of extended
leave, parental leave and military leave.
16.6.6 Public Holidays
and overtime will be paid at the appropriate Award rate.
16.7 Shiftwork Rostering and Administration
16.7.1 In
compliance with the staffing requirement of this clause, a minimum of two (2)
people is required on every shift.
16.7.2 Shift
rosters will be developed to ensure the equitable allocation of shifts to all
OCC staff wherever possible across the whole twelve (12) week period.
16.7.3 Formal
handovers will occur towards the end of the twelve (12) hour shift by the
Senior Operational Communications Officer through the completion in writing of
the appropriate pro forma documentation currently used in the OCC.
16.7.4 Extra
shifts will be filled using the swing shift facility. NSW Rural Fire Service
may use existing staff on overtime or temporary agency staff on contract to
staff the swing shifts as required.
16.7.5 Staff
meetings and announcements will be through email which has proved to be the
most efficient and equitable way to communicate with staff to date.
16.7.6 If a
staff member is to be absent from duty because of illness or other emergency,
the staff member will notify or arrange for another person to notify the
supervisor as soon as possible of the staff member's absence and the reason for
the absence. Wherever possible, staff will preferably provide a minimum of 24
hours’ notice.
16.7.7 Where
a staff member stays back to cover the late arrival of another staff member,
the extra hours past the twelve (12) hour shift will be calculated at
applicable overtime rates. Staff members will not be expected to work more than
four (4) extra hours.
16.7.8 Payment
for overtime will be made only where the staff member works approved or
directed overtime.
16.7.9 Staff who
wish to change an allocated shift on the roster can do so through mutual
agreement with another staff member but must formally notify their manager of
such a change as soon as this is agreed in writing.
16.7.10 The NSW
Rural Fire Service will maintain its ongoing support to flexible work practices
to assist staff meet their family and community service commitments on a
case-by-case basis.
16.8 Other Leave
Entitlements
16.8.1 With the operation
of a twelve (12) hour shift all leave taken will be calculated on an hourly
basis as demonstrated below with the sick leave comparison:
|
Sick leave for
non-shift workers
|
Sick leave for 12
hr OCC shift workers
|
|
|
Accrual
|
Debit
|
|
Accrual
|
|
Debit
|
|
Full Day
|
7:00 hrs
|
7:00 hrs
|
Full Day
|
7:00 hrs
|
Full Shift
|
12:00 hrs
|
|
½ Day
|
3:30 hrs
|
3:30 hrs
|
½ Day
|
3:30 hrs
|
½ Shift
|
6:00 hrs
|
|
¼ Day
|
1:75 hrs
|
1:75 hrs
|
¼ Day
|
1:75 hrs
|
¼ Shift
|
3:00 hrs
|
|
Sick Leave Entitlement is 15 days
|
Sick Leave Entitlement is 105 hours
|
15 days at 7 hours = Total converted entitlement of 105
hours.
16.8.2 The same
conversions apply to other leave such as annual leave:
20 days at 7 hours = Total converted entitlement of 140
hours.
16.9 Meal Breaks
16.9.1 The shift roster
provides for a one-hour paid crib break during a twelve (12) hour shift taken
in two 30-minute allocations.
16.9.2 Where a staff
member works an additional shift as approved or directed overtime, the paid
crib breaks as per 16.9.1 will also apply.
16.9.3 No staff member
will be required to work more than five (5) consecutive hours without a meal
break.
16.9.4 OCC Staff members
may take a 10-minute tea break provided that the discharge of public business
is not affected and, where practicable they do so out of the view of the public
contact areas.
16.10 Opportunities for
Training and Personal Development
16.10.1 The
twelve-week shift roster provides for operational training to be undertaken
during normal shift hours Monday to Friday in keeping with current practice.
16.11 Annual Leave and
Annual Leave Loading
16.11.1 OCC
staff will be entitled to four weeks annual leave (converted to 140 hours),
which includes four weekends or rest days.
16.11.2 Payment
for leave loading is replaced by the ASP which attracts a higher remuneration
level.
16.12 Salary Rates and
Classification
16.12.1 The
salary rates of RFS Officers (OCC) in the Crown Employees (Public Sector –
Salaries 2021) Award apply to OCC staff members.
17. Staff Members Who Are Volunteer Members
17.1 General
17.1.1 Staff members who
are volunteer members of, but not limited to:
NSW Rural Fire Service;
Bushwalkers’ Federation;
Cave Rescue Association;
State Emergency Service;
Royal Volunteer Coastal Patrol;
Volunteer Rescue Association of NSW (or affiliated
groups);
Wireless Institute Civil Emergency Network; or
Australian Volunteer Coast Guard Association.
May be granted special leave of up to five days in any
period of 12 months for the purpose of assisting as volunteers in one of the
above-mentioned organisations.
17.1.2 However, this
situation does not cover declared emergencies as described in subclause 17.2,
Declared Emergencies of this clause.
17.1.3 A staff member who
is a volunteer as described in this clause requires the permission of their
supervisor, or have pre-approval, prior to attending any such volunteer
activities.
17.1.4 A supervisor may
only approve of a volunteer attending a callout if it will have minimal effect
on the normal routine of the office.
17.2 Declared
Emergencies
17.2.1 If a situation arises
requiring an incident response, or an incident is declared under section 44 of
the Rural Fires Act 1997 or a State
of Emergency is declared under the SERM Act, staff who volunteer to assist are
granted special leave with no limit.
17.2.2 Leave granted
under paragraph 17.2.1 is in addition to any leave granted in paragraph 17.1.1
of this clause.
17.2.3 Volunteers may
attend subject to the provisions of this clause.
17.3 Proof of
Attendance at Emergencies
17.3.1 An application for
leave must be accompanied by a statement from the Incident Controller, the
Local or Divisional Controller, or the Police, certifying the times of
attendance.
17.3.2 The leave
application should indicate the period and area of attendance together with the
name of the organisation to which the volunteer member belongs.
17.4 Rest Periods
17.4.1 If a volunteer
staff member remains on emergency duty for several days, the Commissioner may
grant special leave to allow reasonable time for recovery before returning to
duty.
17.4.2 If a volunteer
staff member assists in a rescue or major incident at a time such that it would
be unreasonable to expect them to report for duty at the normal time, the
Commissioner may grant up to one day special leave for rest.
17.4.3 In the emergency
referred to in the preceding two paragraphs is not a declared emergency, the
leave granted is included in the general five-day annual limit prescribed in
subclause 17.1, General of this clause.
17.5 Bush Fire
Fighting Training Courses
17.5.1 NSW Rural Fire
Service volunteers nominated to attend courses approved by the NSW Rural Fire
Service or by organisations recognised by the NSW Rural Fire Service are to be
granted the necessary special leave to attend, up to a maximum of 10 working
days in any period of 12 months.
17.5.2 Approval of leave
is subject to the NSW Rural Fire Service’s convenience and written confirmation
of attendance.
17.6 State Emergency
Service Courses
17.6.1 If the Director-General
of State Emergency Service considers it essential that an SES volunteer staff
member attend a course of training or lectures, the Commissioner should make
every effort to release the staff member from duty. If the staff member is so released, the
necessary absence from work is regarded as being on duty.
17.6.2 The
Director-General of the State Emergency Service may nominate SES volunteer
staff members for attendance at courses of training or lectures when their
attendance is not regarded as essential. In these circumstances special leave
may be granted for the time staff members are absent from duty.
17.6.3 A certificate of
attendance is not necessary. The State
Emergency Service will advise the NSW Rural Fire Service whether attendance is
required and any non‑attendance will be reported to the NSW Rural Fire
Service.
17.7 Other Courses
with Volunteer Groups as Listed Above
17.7.1 The Commissioner
may grant special leave to attend training courses for any other approved
voluntary group as listed above.
18. Anti-Discrimination
18.1 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.
18.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this Award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this Award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the Award, which, by its terms or operation, has a direct
or indirect discriminatory effect.
18.3 Under the Anti-Discrimination Act 1977, it is
unlawful to victimise a staff member because the staff member has made or may
make or has been involved in a complaint of unlawful discrimination or
harassment.
18.4 Nothing in this
clause is to be taken to affect:
18.4.1 any conduct or act
which is specifically exempted from anti-discrimination legislation;
18.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
18.4.3 any act or
practice of a body established to propagate religion, which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
18.4.4 a party to this
Award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
18.5 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.
18.5.1 Employers and
employees may also be subject to Commonwealth Anti-Discrimination Legislation.
18.5.2 Section 56(d) of
the Ant-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."
19. Area, Incidence and Duration
19.1 This award will
apply to officers, Departmental temporary employees and casual employees as
defined in the Government Sector
Employment Act 2013 employed in the NSW Rural Fire Service listed in
Schedule 1, Part 1, to the Government
Sector Employment Act 2013.
19.2 This award is
made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Rural Fire Service) Award
published 8 May 2020 (387 I.G. 1184,
as varied).
19.3 The changes made
to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles
for Review of Awards made by the Industrial Relations Commission of New South
Wales on 28 April 1999 (310 I.G. 359) take effect on and from 23 December 2021.
19.4 This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
20. Schedule A – Allowances
|
Item
No.
|
Clause
No.
|
Allowances
|
Per Week
|
|
|
|
|
1.7.21
|
|
|
|
|
$
|
|
1
|
13
|
After Hours Allowance
|
250.00
|
|
2
|
14
|
District Staff (Fleet) Allowances
|
|
|
|
|
Body Maker
|
33.90
|
|
|
|
Motor Mechanic
|
33.90
|
|
|
|
Electrical Mechanic
|
21.60
|
N. CONSTANT, Chief Commissioner
____________________
Printed by the
authority of the Industrial Registrar.