Crown Employees (Fire & Rescue NSW Tradespersons) Award 2022

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

AWARD REPRINT

 

This reprint of the consolidated award is published under the authority of the Industrial Registrar pursuant to section 390 of the Industrial Relations Act 1996, and under clause 6.6 of the Industrial Relations Commission Rules 2022.

 

I certify that the form of this reprint, incorporating the variations set out in the schedule, is correct as at 3 July 2023.

 

 

 

E. ROBINSON,  Industrial Registrar

 

Schedule of Variations Incorporated

 

 

AWARD

 

Arrangement

 

PART A

 

Clause No.        Subject Matter

 

1.         Definitions

2.         Hours

3.         Rostered Days Off

3a.       Nine Day (9) Fortnight

4.         Payment of Wages

5.         Rates of Pay

6.         Parties Bound

7.         Savings of Rights

8.         Relationship to Acts/Awards for Apprenticeships

9.         Union Subscriptions

10.      Fleet Tradespersons Multi-skilling

11.      FVR Classification Structure & Labour Flexibility

12.      Additional Wage Rates

13.      Special Rates

14.      Team Leader Allowance and Higher Duties

15.      Higher Grade Pay

16.      Authorised Heavy Vehicle Allowance

17.      On Call Allowance

18.      Tool Allowance

19.      Apprentice Tool Loan

20.      Fire Equipment Allowance

21.      Apprentice to Tradesperson

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.      Long Service Leave

30.      Sick Leave

31.      Bereavement Leave

32.      Clothing

33.      Insurance of Tools

34.      Procedure on Charge

35.      Anti-Discrimination

36.      Term of Employment

37.      Grievance and Dispute Resolution Procedures

38.      Personal/Carer’s Leave – August 1996

39.      Maternity Leave

40.      Parental Leave

41.      Adoption Leave

42.      Family and Community Service Leave

43.      Trade Union Leave

44.      Supplementary Labour

45.      Salary Packaging Arrangements

46.      Calculations

47.      No Extra Claims

48.       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 Brigade - Maintenance, Construction and Miscellaneous new 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 and Rescue NSW (FRNSW) holding office as such under the Government Sector Employment Act 2013, or his/her delegate.

 

 "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 2013 and 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 and 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.

 

2.1.1 The ordinary working hours of Fire Vehicle Repairers shall not exceed 76 hours per fortnight, to be worked not exceeding 8.5 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.  Rostered Days Off

 

3.1      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 3.2, 3.3, 3.4, 3.5 & 3.6, shall apply to all other employees covered by this Award.

 

3.2      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.

 

3.3      RDO are to be taken as and when they fall due unless a special arrangement is agreed to pursuant to sub clause 3.6.3 or;

 

3.3.1   under exceptional circumstances, where the clearing of the RDO day may be delayed, with prior approval.

 

3.4      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.

 

3.5      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.

 

3.6      Employees may elect, with the consent of the employer, to take a rostered day off at any time.

 

3.6.1   An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

 

3.6.2   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.

 

3.6.3   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.

 

3a Nine Day (9) Fortnight

 

3a.1    Employees covered by this award may elect to work a nine-day (9) fortnight.

 

3a.2    Employees covered by this award who elect not to work a nine-day (9) fortnight, will work pursuant to the arrangements expressed in Clause 3.

 

3a.3    All employees electing to work a nine-day (9) fortnight shall work 8 hours and 27 minutes per day for nine continuous working days. (This is 8.45 x 9 = 76.05)

 

3a.4    The following conditions will apply for the taking of a nine-day (9) fortnight:

 

3a.4.1 After working nine (9) days, an employee may have one day rostered off on either a Monday or Friday.

 

3a.4.2 There is to be no more than five (5) employees on a rostered day off on any day.

 

3a.4.3 Employees will take two (2) rostered days off per four-week period.

 

3a.4.4 Two (2) days notice is required for a change to a rostered day off. Less notice period will be considered in reasonable circumstances.

 

3a.4.5 Existing shift and roster swap arrangements continue to apply.

 

3a.5    Employees attached to the Workshop or Field Service Function may elect to work one of the following two options:

 

3a.5.1 Commencing time of 06.30 with a lunch break from 12.00 to 12.33 and a ceasing time of 15.30; or

 

3a.5.2 Commencing time of 07.00 with a lunch break from 12.00 to 12.33 and a ceasing time of 16.00.

 

3a.6    Employees working On-Call and the LSV shall work the following:

 

3a.6.1 Commencing time of 07.30 with a lunch break of 33 minutes and a ceasing time of 16.30.

 

3a.6.2 On the last day of the allocated shift, the exiting employee only shall commence work in line with 3a.5.1.

 

3a.7    For the shifts expressed at 3a.5.1; 3a.5.2 and 3a.6.1 the following conditions will apply:

 

3a.7.1 A minimum number of five (5) employees will be required for each commencement and ceasing time on any working day.

 

3a.7.2 A change to a shift can only occur on a fortnight basis and with reasonable notice.

 

3a.7.3 Where shift times are not adhered to within 5 minutes of commencement and cessation, employees will be deducted leave without pay in equivalent increments for each occasion. 

 

4.  Payment of Wages

 

4.1      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.

 

4.2      Wages shall be paid not later than Thursday in any pay week.

 

5.  Rates of Pay

 

5.1      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.

 

5.2      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

 

6.  Parties Bound

 

6.1      This Award is binding upon the Industrial Relations Secretary and Fire and 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).

7.  Savings of Rights

 

7.1      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.

 

8.  Relationship to Acts/Awards for Apprenticeships

 

8.1      In regards to Apprentices, this Award shall also be read and interpreted in conjunction with:

 

8.1.1   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.

 

8.2      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.

 

9.  Union Subscriptions

 

9.1      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.

 

10.  Fleet Tradespersons Multi-Skilling

 

10.1    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.

 

10.2    The work of a "similar nature and skill" referred to in subclause 10.1, shall where appropriate be made available to Apprentices for the purposes of overtime.

 

10.3    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, utilising 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.

 

10.4    Appliance servicing will continue in Station on a State-wide basis.

 

11.  FVR Classification Structure and Labour Flexibility

 

11.1 Fire Vehicle Repairers (FVR) employed by FRNSW perform, both on a planned and emergency basis, a variety of manual and technical tasks related to preventative and corrective maintenance and mechanical repairs. Those tasks include the performance of peripheral and incidental tasks and assisting other staff so as to complete the whole job.  

 

11.2 In recognition of the skills and knowledge brought to the performance of tasks by FVR’s, the following classification structure is to be applied from the first full pay period to commence on or after the 1 July 2018. Levels 2, 3 and 4 however, cannot be accessed earlier than the date this Award is varied in 2018. 

 

Fire Vehicle Repairer	Definition	% of Weekly Wage
Level 1	Holds relevant Trades certificate	100%
Level 2	Required to use skills/knowledge of other trades of 120 hours & at completion of 12 months continuous service	105%
Level 3	Required to use skills/knowledge of other trades of 240 hours	110%
Level 4	Required to use skills/knowledge of other trades of 360 hours	115%

 

Note: Actual rates are shown in Part B and will be increased with annual movements to wage and wage related allowances.

 

11.3    Approved courses in respect of skills/knowledge no longer regularly required shall not be counted for progression purposes. 

 

11.3.1 Approved Courses - are TAFE courses and any others that FRNSW approves, in consultation with the relevant Union. Courses approved however must relate to the acquisition of new skills (performing additional functions) and not simply the modernisation or updating of current work practices or methods (performing the same functions better/differently - for example, personal OH&S related courses, updated inventory or programmed maintenance systems, new computer software etc.). 

 

Placement

 

11.4    FRNSW will determine where each tradesperson should be placed within the classification structure, in consultation with the relevant Union.

 

11.4.1 This must be done firstly by determining which skills/knowledge, above classification level 1 skills, are regularly required of the tradesperson and secondly, in relation to each of those, determining whether the relevant approved course has been successfully completed or, alternatively, in respect of FVR’s in employment as at 1 July 2018, determining whether the skills/knowledge possessed by the tradesperson is equivalent to skills/knowledge acquired from successfully undertaking the approved course.  

 

11.4.2 Where the FVR in question is placed within a classification in the structure greater than level 1, the employee is to be paid the higher rate from the first full pay period to commence on or after that date that the higher skill/knowledge was regularly required of the tradesperson. 

 

Progression

 

11.5    Progression to classification levels 2, 3 and 4 is to be on the basis of the FVR in question having successfully undertaken at least 120 hours of additional approved course(s), and, being required to regularly use the skills/knowledge acquired in such courses. Approved courses in respect of skills/knowledge no longer regularly required shall not be counted for progression purposes. 

 

11.5.1 FRNSW will determine which and how many employees are to be regularly required to use additional skills/knowledge for which a higher classification level is to be paid. 

 

11.5.2 FVR’s at classification levels 2, 3 and 4 are responsible for maintaining the additional skills/knowledge to a standard equivalent to that of having successfully undertaken a current approved course(s) in order to continue to be paid the higher classification level. 

 

Equivalent Skills

 

11.6    For the purposes of progression under the foregoing clause, FRNSW, in consultation with the relevant Union, may determine that the skills/knowledge possessed by and regularly required of a FVR who was in employment as at 1 July 2018, should be considered equivalent to skills/knowledge acquired from successfully undertaking an approved course/s. Any such decision requires that the FVR in question be credited with hours equivalent to that of the relevant approved course(s).  

 

No Double Counting

 

11.7    There will be no credit toward progression to a higher classification level in relation to the performance of any function for which payment of an allowance is already made.

 

Leading Hand Allowances

 

11.8    Leading hand allowances, where applicable, will be paid in addition to the skill based increment of the tradesperson in question. 

 

Disputes

 

11.9    The Grievance and Dispute Resolution Procedures of this award should be utilised if any disputes arise concerning implementation of this clause. 

 

12.  Additional Wage Rates

 

12.1    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.

 

13.  Special Rates

 

13.1    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.

 

13.2    Height Pay - 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 2 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 2 of Special Rates in Table 3 shall be paid for every metre beyond that specified in Item 2 of Special Rates in Table 3.

 

13.3    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 2 of Special Rates in Table 2 per hour extra with a minimum payment also set out in Item 2.

 

13.4    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.

 

13.5    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.

 

14.  Team Leader Allowance and Higher Duties

 

14.1    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.

 

14.2    An employee covered under this Award engaged for more than five consecutive weekdays, 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.

 

14.3    Where payment of the Team Leader allowance is due because of a temporary vacancy of more than five days, acting up will not be distributed to employees or paid in increments of less than 5 days per employee. Provided the employee actually acts up for 5 or more consecutive days.

 

14.4    When an employee covered by this Award acts up for less than five consecutive days in a position with a higher rate of ordinary pay than their substantive position, then pursuant to subclauses 14.2 and 14.3 of this Award, payment will not be made, but the time worked in that position will be counted for the purpose of subclause 11.5 of this Award.

 

15.  Higher Grade Pay

 

15.1    An employee engaged for more than five consecutive weekdays, 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.

 

15.2    Employees covered under this Award, who are engaged on duties in a classification appearing in the Crown Employees (Public Sector - Salaries 2019) 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.

 

16.  Authorised Heavy Vehicle Allowance

 

16.1    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.

 

16.2    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.

 

16.3    As directed by the department, suitably qualified fire vehicle repairers covered by this award will be required to obtain and maintain a Heavy Vehicle Inspector Number and undertake inspections as required as part of their normal duties.

 

17.  On Call Allowance

 

17.1    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. Minimum payment for emergency recall to duty shall be for four hours at appropriate penalty rates.

 

17.2    The On Call allowance provided for in Table 3A of this Award shall apply to all employees except those provided for in subclause 17.3.

 

17.3    The On Call allowance provided for in Table 3b of this Award shall apply only to Fire Vehicle Repairers.

 

17.4    The On Call allowance at subclause 17.3 comes into effect from the date this Award was varied in 2018.

 

17.5    The On Call allowances at subclauses 17.3 and 17.4 are subject to incremental adjustment linked to percentage increases in adjustments to rates of pay.

 

18.  Tool Allowance

 

18.1    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

Fire Vehicle Repairer

 

Apprentices

 

Motor Mechanic

Automotive Electrician

Fitter

Electronic Technician

 

19.  Apprentice Tool Loan

 

19.1    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.

 

19.2    On behalf of each new Apprentice, the Department will purchase the required tools and equipment from the Department’s recommended supplier.

 

19.3    The selection of tools and equipment shall be those identified by the Department or the Team Leader in charge of the Apprentice.

 

19.4    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.

 

19.5    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.

 

19.6    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.

 

20.  Fire Equipment Allowance

 

20.1    This allowance only applies to Tradespersons in the Fleet Management Unit.

 

20.1.1 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 20.1.2.

 

20.1.2 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.

 

21.  Apprentice to Tradesperson

 

21.1    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.

 

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 subclause 26.6.  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 subclause 26.6 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 and 26.6 to all employees covered by this Award.

 

26.5    Annual Leave shall be subject to pre-approval at least 5 weekdays prior and if approved may be taken in consecutive or single days.

 

26.6    The parties agree to jointly work towards reducing each employee’s accrual of Annual Leave to the accumulation of twenty (20) days plus the current year’s 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 28.2 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.  Long Service Leave

 

29.1    Long Service Leave, calculated from the date of appointment to the service, shall accrue in accordance with the following entitlement:

 

29.1.1 After service for 10 years, leave for 2 months on full pay or 4 months on half pay.

 

29.1.2 After service in excess of 10 years:

 

29.1.2.1         leave pursuant to paragraph 29.1.1, of this subclause; and

 

29.1.2.2         in addition, an amount of leave proportionate to the length of service after 10 years.

 

29.1.3 Long Service Leave shall not include annual leave but shall include public holidays occurring during the period when such leave is taken.

 

29.2    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.

 

29.3    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.

 

29.3.1 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.

 

29.3.2 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.

 

29.4    Notwithstanding anything elsewhere provided by this clause:

 

29.4.1 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.

 

29.4.2 employees may apply to take a period of Long Service leave at double pay provided that:

 

29.4.2.1         The additional payment will be made as a non-superable taxable allowance payable for the period of the absence from work.

 

29.4.2.2         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.

 

29.4.2.3         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.

 

29.4.2.4         Superannuation contributions will only be made on the basis of the actual absence from work, i.e. at that single time rate.

 

29.4.3 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.

 

29.4.4 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.

 

30.  Sick Leave

 

30.1    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.

 

30.2    Sick leave not taken 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.

 

30.3    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.

 

31.  Bereavement Leave

 

31.1    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.

 

31.2    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.

 

31.3    Bereavement entitlements for casual employees

 

31.3.1 Subject to the evidentiary and notice requirements in clause 31.1 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 38.1.3 of clause 38 Personal/Carers Leave – August 1996.

 

31.3.2 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.

 

31.3.3 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.

 

32.  Clothing

 

32.1    Clothing, tools or any articles issued to employees shall be worn or used only in the course of their duties.

 

32.2    Clothing or other articles shall be issued to such employee as FRNSW approves where in its opinion such clothing or article is necessary for:

 

32.2.1 Uniformity of appearance,

 

32.2.2 Protection against material which destroy or damage ordinary clothing,

 

32.2.3 Protection against weather, and

 

32.2.4 Protection against injury to the employee.

 

32.3    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.

 

32.4    An employee shall also be responsible for tools, equipment and other articles issued or for their loss or damage through misuse or negligence.

 

32.5    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.

 

32.6    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.

 

33.  Insurance of Tools

 

33.1    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.

 

33.2    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.

34.  Procedure on Charge

 

34.1    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.

 

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

 

34.3    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.

 

34.4    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.

 

34.5    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.

 

34.5.1 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.

 

35.  Anti-Discrimination

 

35.1    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.

 

35.2    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.

 

35.3    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.

 

35.4    Nothing in this clause is to be taken to affect:

 

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

 

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

 

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

 

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

 

35.5    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.

 

35.5.1 Employers and employees may also be subject to Commonwealth Anti-Discrimination legislation.

 

35.5.2 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."

 

36.  Term of Employment

 

36.1    An employee shall give to FRNSW and FRNSW shall give to an employee two weeks' 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.

 

36.2    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.

 

36.3    In the event of wet weather, no deduction from wages shall be made subject to the following conditions:

 

36.3.1 An employee shall continue working until such time as the officer in charge orders the employee to cease work.

 

36.3.2 An employee shall stand by as directed by the officer in charge.

 

36.3.3 An employee shall report for duty as directed.

 

36.4    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.

 

36.5    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.

 

36.6    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.

 

36.6.1 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.

 

36.6.2 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.

 

37.  Grievance and Dispute Resolution Procedures

 

37.1    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.

 

37.2    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.

 

37.3    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.

 

37.4    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.

 

37.5    The Commissioner may refer the matter to the Industrial Relations Secretary for consideration.

 

37.6    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.

 

37.7    A staff member, at any stage, may request to be represented by their Union.

 

37.8    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.

 

37.9    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.

 

37.10  Whilst the procedures outlined in subclauses 37.1 to 37.9 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.

 

38.  Personal/Carer’s Leave – August 1996

 

38.1    Use of Sick Leave -

 

38.1.1 An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 38.1.3 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 30 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.

 

38.1.2 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.

 

38.1.3 The entitlement to use sick leave in accordance with this subclause is subject to:

 

38.1.3.1         the employee being responsible for the care of the person concerned; and

 

38.1.3.2         the person concerned being:

 

38.1.3.2.1      a spouse of the employee; or

 

38.1.3.2.2      a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person 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

 

38.1.3.2.3      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 de facto spouse of the employee; or

 

38.1.3.2.4      a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

38.1.3.2.5      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.

 

38.1.4 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.

 

38.2    Unpaid Leave for Family Purpose -

 

38.2.1 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 38.1.3 above who is ill.

 

38.3    Time Off in Lieu of Payment for Overtime -

 

38.3.1 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.

 

38.3.2 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.

 

38.3.3 If, having elected to take time as leave in accordance with paragraph 38.3.1 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.

 

38.3.4 Where no election is made in accordance with paragraph 38.3.1, the employee shall be paid overtime rates in accordance with the Award.

 

38.4    Make-up Time -

 

38.4.1 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.

 

38.4.2 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.

 

38.5    Personal Carers Entitlement for casual employees -

 

38.5.1 Subject to the evidentiary and notice requirements in 38.1.2 and 38.1.3 casual 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 38.1.3.2 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.

 

38.5.2 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.

 

38.5.3 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.

 

39.  Maternity Leave

 

39.1    A staff member who is pregnant shall, subject to this clause, be entitled to be granted maternity leave as follows:

 

39.1.1 for a period up to 9 weeks prior to the expected date of birth; and

 

39.1.2 for a further period of up to 12 months after the actual date of birth.

 

39.2    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:

 

39.2.1 full-time for a period of up to 12 months; or

 

39.2.2 part-time for a period of up to 2 years; or

 

39.2.3 as a combination of full-time and part-time over a proportionate period of up to 2 years.

 

39.3    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.

 

39.4    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.

 

39.5    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.

 

39.6    A staff member who:

 

39.6.1 applied for maternity leave within the time and in the manner determined by the Department Head; and

 

39.6.2 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.

39.7    Except as provided in clause 39.6 of this subclause, maternity leave shall be granted without pay.

 

40.  Parental Leave

 

40.1    A staff member is entitled to take parental leave in respect of each pregnancy of the spouse or partner as follows:

 

40.1.1 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;

 

40.1.2 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 sub clause 40.1.1 of this subclause in order to assume the primary care giving responsibilities.

 

40.2    Extended parental leave may commence at any time up to 2 years from the date of birth of the child.

 

40.3    A staff member who has been granted parental leave may, with the permission of the Department Head, take such leave:

 

40.3.1 full-time for a period not exceeding 12 months; or

 

40.3.2 part-time over a period not exceeding 2 years; or

 

40.3.3 partly full-time and partly part-time over a proportionate period of up to 2 years.

 

40.4    A staff member who resumes duty immediately on the expiration of parental leave shall:

 

40.4.1 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

 

40.4.2 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 Government Sector Employment Act 2013.

 

40.5    Except as provided in paragraph 40.1.1 of this clause, parental leave shall be granted without pay.

 

40.6    Refer to the Industrial Relations Act 1996. The following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996.

 

40.7    An employer must not fail to re-engage a regular casual employee (see section 53(2) of the Act) because:

 

40.7.1 the employee or employee's spouse is pregnant; or

 

40.7.2 the employee is or has been immediately absent on parental leave;

 

40.7.3 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.

 

40.8    Right to request - An employee entitled to parental leave may request the employer to allow the employee:

 

40.8.1 to extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks;

 

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

 

40.8.3 to return from a period of parental leave on a part-time basis until the child reaches school age;

 

40.8.4 to assist the employee in reconciling work and parental responsibilities.

 

40.8.5 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.

 

40.8.6 Employee's request and the employer's decision to be in writing.  The employee's request and the employer's decision made under 40.8.2 and 40.8.4 must be recorded in writing.

 

40.8.7 Request to return to work part-time - Where an employee wishes to make a request under 40.8.4 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.

 

40.8.8 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:

 

40.8.8.1         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

 

40.8.8.2         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.

 

40.8.8.3         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.

 

40.8.8.4         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 40.8.8.1.

 

41.  Adoption Leave

 

41.1    A staff member adopting a child and who will be the primary care giver shall be entitled to be granted adoption leave:

 

41.1.1 for a period of up to 12 months if the child has not commenced school at the date of the taking of custody; or

 

41.1.2 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.

 

41.2    A staff member who has been granted adoption leave may, with the permission of the Department Head, take leave:

 

41.2.1 full-time for a period not exceeding 12 months; or

 

41.2.2 part-time over a period not exceeding 2 years; or

 

41.2.3 partly full-time and partly part-time over a proportionate period of up to 2 years.

 

41.3    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.

 

41.4    A staff member who resumes duty immediately on the expiration of adoption leave shall:

 

41.4.1 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

 

41.4.2 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.

 

41.5    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:

 

41.5.1 applied for adoption leave within the time and in the manner determined by the Department Head; and

 

41.5.2 prior to the commencement of adoption leave, completed not less than 40 weeks' continuous service.

 

41.6    With the exception of subclause 41.5, adoption leave shall be granted without pay.

 

41.7    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.

 

42.  Family and Community Service Leave

 

42.1    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.

 

42.2    Such cases may include but not be limited to the following:

 

42.2.1 compassionate grounds - such as the death or illness of a close member of the family or a member of the employee’s household;

 

42.2.2 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;

 

42.2.3 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;

 

42.2.4 attending to family responsibilities such as citizenship ceremonies, parent/teacher interviews or attending child's school for other reasons;

 

42.2.5 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;

 

42.2.6 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

 

42.2.7 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.

 

42.3    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 42.3.1 or 42.3.2 of this clause.

 

42.3.1 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

 

42.3.2 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.

 

42.4    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 42.1.3.2 of clause 42, 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.

 

42.5    In cases of illness of a family member for whose care and support the employee is responsible, paid sick leave in accordance with subclause 42.1.3.2 of clause 42 of this Award shall be granted when paid family and community service leave has been exhausted.

 

43.  Trade Union Leave

 

43.1    The granting of leave with pay will apply to the following activities undertaken by a trade union delegate, as specified below:

 

43.1.1 annual or biennial conferences of the delegate's union;

 

43.1.2 meetings of the union's Executive, Committee of Management or Councils;

 

43.1.3 annual conference of the Unions NSW and the biennial Congress of the Australian Council of Trade Unions;

 

43.1.4 attendance at meetings called by Unions NSW involving a public sector trade union which requires attendance of a delegate;

 

43.1.5 attendance at meetings called by the Industrial Relations Secretary, as the employer for industrial purposes, as and when required;

 

43.1.6 giving evidence before the Industrial Relations Commission, or any other industrial tribunal, as a witness for the trade union;

 

43.1.7 local meetings between the Union and Management

 

44.  Supplementary Labour

 

44.1    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.

 

44.2    This supplementary labour may be casual or temporary and;

 

44.2.1 arranged through or with an Employment Agency of bona-fide contractors; or

 

44.2.2 in accordance with the provisions of the Government Sector Employment Act 2013.

 

44.3    It is not the Department’s intention to use supplementary labour as an alternative to fill vacant permanent positions.

 

45.  Salary Packaging Arrangements, Including Salary Sacrifice to Superannuation

 

45.1    The entitlement to salary package in accordance with this clause is available to:

 

45.1.1 permanent full-time and part-time employees;

 

45.1.2 temporary employees, subject to the Department or agency’s convenience; and

 

45.1.3 casual employees, subject to the Department or agency’s convenience, and limited to salary sacrifice to superannuation in accordance with subclause 45.7.

 

45.2    For the purposes of this clause:

 

45.2.1 "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.

 

45.2.2 "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.

 

45.3    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:

 

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

 

45.3.2 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.

 

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

 

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

 

45.6    Except in accordance with subclause 45.7, 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.

 

45.7    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:

 

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

 

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

 

45.7.3 subject to the Department or agency’s agreement, paid into another complying superannuation fund.

 

45.8    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.

 

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

 

45.9.1 Police Regulation (Superannuation) Act 1906;

 

45.9.2 Superannuation Act 1916;

 

45.9.3 State Authorities Superannuation Act 1987; or

 

45.9.4 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.

 

45.10  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 45.9 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.

 

45.11  Where the employee makes an election to salary package:

 

45.11.1           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

 

45.11.2           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.

 

45.12  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.

 

45.13  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.

 

46.  Calculations

 

46.1    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.

 

46.2    Calculation Methodology – Fire Vehicle Repairer (FVR)

 

46.2.1 The relativity of each FVR Classification Level to the weekly wage is expressed in Clause 11 FVR Classification Structure and Labour Flexibility and is as follows:

 

Level 1 100%

Level 2 105%

Level 3 110%

Level 4 115%

 

46.2.2 In order to calculate a percentage increase to a FVR Wage Level expressed in Part B Monetary Rates Table 1 Wages:

 

Level 1. Take the current year non-Fire Equipment Allowance (FEA) wage rate and multiply by the annual percentage wage increase. This new rate is A in Table 1. For the FEA rate (see Table 3), take A and add the new FEA rate. This new rate is AA in Table 1.

 

Level 2. Take wage rate A in Table 1 and multiply by 105%. This rate is B in Table 1. For the FEA rate, take B and add the new FEA rate. This new rate is BB in Table 1.

 

Level 3. Take wage rate A in Table 1 and multiply by 110%. This rate is C in Table 1. For the FEA rate, take C and add the new FEA rate. This new rate is CC in Table 1.

 

Level 4. Take wage rate A in Table 1 and multiply by 115%. This rate is D in Table 1. For the FEA rate, take D and add the new FEA rate. This new rate is DD in Table 1.

 

47.  No Extra Claims

 

47.1    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. 

 

47.2    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.

 

48.  Area, Incidence and Duration

 

48.1    The Crown Employees (Fire and Rescue NSW Tradespersons) Award 2022 rescinds and replaces the Crown Employees (Fire & Rescue NSW Tradespersons) Award 2022 published 19 November (390 I.G. 1037).

 

48.2    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.

 

48.3    This Award shall apply to all employees in the classifications specified in Part B, Monetary Rates, Table 1 - Wages in the employment of Fire and Rescue NSW.

 

48.4    The term of this Award is 3 July 2022 until 2 July 2024 and will remain in force thereafter until rescinded.

 

48.5    Increases in the column dated 3 July expressed in Tables 1, 2 and 3 shall apply on and from the first full pay period to commence on or after that date.

 

48.6    The rates for 2022 in Tables 1, 2 and 3 are for historical purposes.

 

PART B

 

MONETARY RATES

 

Table 1- Wages

 

Classifications from the Crown Employees (New South Wales Fire Brigades - Maintenance, Construction and Miscellaneous Staff) Award

 

Clause 5, Rates of pay	3/07/2022	3/07/2023
	Historical Rate	4.00% increase per week
Classification	$	$
(a) Electrical Department - Automotive Electrical	1194.70	1242.50
Battery Fitter	1194.70	1242.50
Electrical Fitter	1198.10	1246.00
Trades Assistant (Electrical Department)	959.20	997.60
Labourer-General (Electrical Department)	772.70	803.60
(b)Workshops Department - Blacksmith/Welder	1131.60	1176.90
Bodymaker	1119.90	1164.70
Draughtsperson
- 1st year	1194.70	1242.50
- 2nd year	1216.70	1265.40
- 3rd year	1238.80	1288.40
- 4th year	1261.10	1311.50
- thereafter	1295.70	1347.50
Welder	1131.60	1176.90
Fitter and/or Turner	1089.10	1132.70
Motor Mechanic	1119.90	1164.70
Motor Trimmer	1119.90	1164.70
Painter (Vehicle)	1119.90	1164.70
Panel Beater	1119.90	1164.70
Signwriter (Vehicle)	1089.10	1132.70
Trades assistant (Mechanical Workshops)	925.60	962.60
Labourer - General (Mechanical Workshops)	772.70	803.60
(c) Boot Factory - Bootmaker	1080.70	1123.90
(d) Building Maintenance Department - Draughtsperson Building services
- 1st year	1194.70	1242.50
- 2nd year	1216.70	1265.40
- 3rd year	1238.80	1288.40
- 4th year	1261.10	1311.50
- thereafter	1295.70	1347.50
Plumber	1131.60	1176.90
Bricklayer	1119.90	1164.70
Carpenter	1119.90	1164.70
Painter	1119.90	1164.70
Plasterer	1119.90	1164.70
Labourer - Builders	1099.90	1143.90
(e) Cleaner -	991.10	1030.70
Stores Assistant	1043.70	1085.40
Sailmaker	1089.10	1132.70
(h) Hose Repair Department - Hose Assembler and Repairer	1034.50	1075.90

 

Increases shall apply on and from the first full pay period to commence on or after the dates expressed in the tables

 

The Communications Section Classification is from the NSW Fire Brigades Maintenance and Miscellaneous Staff Enterprise Agreement 2008

 

	3/07/2022 Historical Rate $	3/07/2023 4.00% Increase per week $
COMMUNICATION SECTION
Electronic Technician
- 1st year	1541.50	1603.20
- 2nd year	1587.90	1651.40
- 3rd year	1616.30	1681.00
- 4th year	1650.50	1716.50
Instrument Maker	1362.40	1416.90
Radio Mechanic	1300.80	1352.80
Telephone Mechanic	1300.80	1352.80
Electronic Tradesperson	1494.20	1554.00
Electrical Mechanic	1300.80	1352.80
Trades Assistant	1044.90	1086.70

 

Historical Note:

 

FRNSW Fire Vehicle Repairer Classification from 1 July 2018 (Level 2, 3, 4 from 31 October 2018)

 

Level	Classification	3/7/2022 Historical (not including Clause 20. FEA)	3/7/2022 Historical (including Clause 20. FEA)	3/7/2023 (+4.00%) (not including Clause 20. FEA)	3/7/2023 (+4.00%) (including Clause 20. FEA)
Level 1	Fire Vehicle Repairer	A - 1318.00	AA - 1406.70	A - 1370.70	AA - 1462.90
Level 2	Fire Vehicle Repairer	B - 1383.90	BB - 1472.60	B - 1439.20	BB - 1531.40
Level 3	Fire Vehicle Repairer	C - 1449.80	CC - 1538.50	C - 1507.80	CC - 1600.00
Level 4	Fire Vehicle Repairer	D - 1515.70	DD - 1604.40	D - 1576.30	DD - 1668.50
Apprentices				3/07/2022 Historical rate $	3/07/2023 4.00% increase $
- 1st year				527.80	548.90
- 2nd year	(Rate = 2nd Year + NT FEA)			760.00	790.40
- 3rd year	(Rate = 3rd Year + NT FEA)			955.10	993.30
- 4th year	(Rate = 4th Year + NT FEA)			1091.10	1134.70
Adult	(Rate = Adult + NT FEA)			1091.10	1134.70

 

** 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 12,	3/7/2022	3/7/2023
	Additional Wage Rates	Historical Rate	4.00% increase
		$	$
1	12.1 Electricians: An electrician who is the holder of A Grade Licence (per week)	52.80	54.91
	B Grade Licence (per week)	28.60	29.74
2	20.10 Roof work (per hour)	1.04	1.08

 

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	ALLOWANCES	3/7/2022	3/07/2023
		Historical Rate	4.00% increase
		$	$
1	Team Leader Allowance (per week)	198.20	206.13
2	Heavy Vehicle Inspectors Allowance (per day)	2.44	2.54

 

Table 3A: On Call Allowance

 

Item	ALLOWANCES	3/7/2022	3/07/2023
		Historical Rate	4.00% increase
		$	$
1	On Call Allowance - Monday to Friday (per day)	23.49	24.43
2	On Call Allowance - Saturday, Sunday & Public Holidays (per day)	36.32	37.77

 

Table 3B: On Call Allowance applicable only to FVRs

 

Item		ALLOWANCES	3/07/2022	3/07/2023
			Historical Rate	4.00% increase
			$	$
1		On Call Allowance - Monday to Friday (per day)	43.00	44.72
2	On Call Allowance - Saturday, Sunday & Public Holidays (per day)		86.05	89.49

 

Item	Clause 13, SPECIAL RATES	3/07/2022	3/07/2023
		Historical Rate	4.00% increase
		$	$
1	20.1.1 Confined Spaces	1.04	1.08
2	20.3.1 Height Pay - 7.5 metres	0.98	1.02
3	20.3.1 Height Pay - every metre beyond 7.5m	0.30	0.31

 

Increases shall apply on and from the first full pay period to commence on or after the dates expressed in the tables.

 

Item	Clause 18, TOOL ALLOWANCES	3/7/2022	3/07/2023
		Historical Rate	Current
		$	$
1	Bodymaker	35.40	35.40
2	Motor Mechanic	35.40	35.40
3	Painter (Vehicle)	8.70	8.70
4	Panel Beater	35.40	35.40
5	Automotive Electrician	35.40	35.40
6	Electronic Technician	22.10	22.10
7	Instrument Maker	22.10	22.10
8	Radio Mechanic	22.10	22.10
9	Telephone Mechanic	22.10	22.10
10	Fitter	35.40	35.40
11	Electronic Tradesperson	22.10	22.10

 

Item	Apprentices	3/7/2022	3/07/2023
		Historical Rate	Current
		$	$
1	Motor Mechanic	35.40	35.40
2	Automotive Electrician	35.40	35.40
3	Fitter	35.40	35.40
4	Electronic Technician	22.10	22.10

 

* 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.

 

Item	Clause 20, FIRE EQUIPMENT ALLOWANCE	3/7/2022	3/7/2023
		Historical Rate	4.00% Increase
			Per week
		$	$
1	Fire Equipment Allowance (FEA) - Trades**	88.70	92.20
2	Fire Equipment Allowance (FEA) - Non Trades	66.20	68.80

 

** 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.

 

Item	Clause 23, MEAL ALLOWANCE *	3/7/2022	3/07/2023
		Historical Rate	Increase
		Per meal	Per Meal
		$	$
1	After 1½ hour overtime	17.00	17.00
2	Each 4 hours thereafter	14.60	14.60

 

Item	Clause 24, TRAVELLING TIME AND OTHER FARES *	3/7/2022	3/07/2023
		Historical Rate	Increase
1	Other than Builders’ Labourers	27.49	27.49
2	Employer providing transport	10.95	10.95

 

Item	Clause 33, INSURANCE OF TOOLS *	3/7/2022	3/07/2023
		Historical Rate	Increase
1	Maximum claim for loss of tools	2049.00	2049.00

 

*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.

 

 

 

____________________