News

D&D – Govt’s latest offer

September 24, 1999

Premier’s Department
New South Wales
Public Sector Management Office
Governor Macquarie Tower
1 Farrer Place
SYDNEY NSW 2000
GPO BOX 5341
SYDNEY NSW 2001

24/9/99

 

Mr Chris Read
Secretary
NSW Fire Brigade Employees Union
267 Sussex Street
SYDNEY NSW 2000

 

Dear Chris,

Re: Matter No. IRC 99/4048

In the proceedings before Justice Waldon on Monday 13 September 1999, Counsel for the Public Employment Office indicated that the PEO would provide a document “… To the union that would reflect on all those matters and the developments that have taken place and developments that we would be agreeing to at the end of the day to see in an award.”

Enclosed is a draft Award that reflects the offers made by the PEO to date. The document reflects the very substantial concessions made since the Commission adjourned proceedings on 6 August 1999. Nonetheless, the Government believes the current offer, which contains enhancements on the August 13 Heads of Agreement, provides benefits to firefighters that are appropriate to compensate for the danger and risks involved in operational duties over and above the danger and risks experienced by most other members of the workforce.

I point out that the benefits contained in the document before you for consideration bear no relationship to workers compensation entitlements and are not accessed through any workers compensation claim. It therefore follows that your “D & D Dispute Update #18” is misleading and can only serve to confuse firefighters who are genuinely concerned to understand the benefits flowing from the Government’s offer.

Please consider carefully the context of our award proposal so that your members can gain the extra protection proposed as soon as possible.

Any enquiries should be directed to Chris Raper on telephone number (02) 9228 3539.

Yours sincerely,

 

C Gellatly

Director-General

DRAFT

SCHEDULE A

SERIAL B

NSW FIRE BRIGADES PERMANENT FIREFIGHTERS DEATH, DISABILITIES AND FITNESS STANDARDS AWARD 1999

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Application by the Public Employment Office

IRC Matter No. of 1999

Before the Commission

PART A

Clause 1 – INTRODUCTION

1.1 This Award shall be known as the “NSW Fire Brigades Permanent Firefighters Death, Disabilities and Fitness Standards Award 1999”.

1.2 This Award does not regulate the rates of pay and general conditions of

employment for employees covered by this Award. Rates of payment and general conditions of employment are, at the time of this Award, detailed in the Crown Employees (NSW Fire Brigades Firefighting Staff) Award 1997

Serial B5634 (I.G. Vol 302 at p.846)

1.3 This Award is in four Parts as follows:-

Part A – Introduction, Index, Job Requirements of Firefighters, and

Definitions;

Part B – Arrangements to Operate for Firefighters Not Covered by the

State Superannuation Fund;

Part C – Health and Fitness Standards for Firefighters; and

Part D – Grievance and Disputes Mechanism, Incidence and Duration.

1.4 The provisions of the following clauses apply to all employees covered by this

Award:

1. Introduction

2. Index

3. Job Requirements of Firefighters

4. Definitions

8. Health and Fitness Standards.

9. Partial and Temporary Incapacity

10. Grievance and Disputes Mechanism

11. Incidence and Duration.

1.5 The provisions of the following clauses only apply to employees under this Award covered by the State authorities Superannuation Scheme and/or First State Superannuation Scheme and/or any scheme into which contributions are or were paid in terms of section 10 of the First State Superannuation Act 1992:

5. Total and Permanent Disability

6. Death of Firefighter While Engaged in Operational duties

7. Firefighter with Permanent Partial Disability.

 

Clause 2 – INDEX

Clause No. Subject Matter

6. Death of Firefighter While Engaged in Operational duties

4. Definitions

7. Firefighter With Permanent Partial Disability

10. Grievance and Dispute Mechanism

8. Health and Fitness Standards

11. Incidence and Duration

2. Index

1. Introduction

3. Job Requirements for Firefighters

9. Partial and Temporary Incapacity

5. Total and Permanent Disability

Clause 3 – JOB REQUIREMENTS OF FIREFIGHTERS

3.1 In discharge of statutory responsibilities set out in the Fire Brigades Act 1989, firefighters face as range of particular circumstances that apply while undertaking operational duties and contain a range of special risks and demands. In recognition of these requirements, it has been determined that the provisions contained in this Award shall apply.

Clause 4 – DEFINITIONS

“Commissioner” means the Commissioner of NSW Fire Brigades, holding office as such under the Public Sector Management Act 1988.

“FBEU” means the New South Wales Fire Brigade Employees’ union.

“firefighter” means a permanent employee of NSW Fire Brigades classified as a:

Recruit; Firefighter (Levels 1 to 4 inclusive); Qualified Firefighter; Senior Firefighter; Leading Firefighter; Leading Firefighter (Qualified); Station Commander (having the rank of Station Officer); Operational Commander (having the rank of Inspector); Zone Commander or Deputy Regional Commander or any other employee having the rank of Superintendent or Chief Superintendent; or successors classifications deemed as such by the Commissioner.

“NSW Fire Brigades” means the New South Wales Fire Brigades, established as a Department of the Government under the Fire Brigades Act 1989, and a Department specified under the Public Sector Management Act 1988.

“operational duties” are those duties performed while in attendance, on route to, and return from an incident; or other circumstances and duties determined by the Commissioner from time to time.

“PEO” means the Public Employment Officer under the Public Sector Management Act 1988.

“permanent partial disability” is where it is reasonable to conclude that, for the firefighter in question:

(a) the firefighter’s disability is due, directly or indirectly to the permanent physical or mental incapacity of the firefighter (not caused by any act or default of the firefighter intended to produce that incapacity); and

(b) the firefighter is permanently unable, by reason of that incapacity, to perform the full range of operational duties that the firefighter was required to perform before the firefighter suffered the incapacity.

For the operation of this Award only, the determination of the existence of a permanent partial disability for a firefighter shall be by the Commissioner.

“spouse” means, for purposes of this Award:

(a) a spouse of the employee; or

(b) a de facto spouse who, in relation to an employee, is a person of the opposite sex to the employee who lives with the employee as the husband or wife of that employee on a bona fide domestic basis although not legally married to that employee; or

(c) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis.

“totally and permanently disabled” is where the relevant determining body under the applicable superannuation scheme, being the State Authorities Superannuation Scheme or First State Superannuation Scheme for the firefighter in question, is satisfied that:

(a) the firefighter’s cessation of employment with the NSW Fire Brigades was due, directly or indirectly to the permanent physical or mental incapacity of the firefighter (not caused by any act or default of the firefighter intended to produce that incapacity (; and

(b) the firefighter is, when the firefighter ceases to be employed by NSW Fire Brigades, permanently unable, by reason of that incapacity, to be engaged, or to be employed, in any remunerative occupation in which it would be reasonable to expect the firefighter to engage.

PART B – ARRANGEMENTS TO OPERATE FOR FIREFIGHTERS NOT COVERED BY THE STATE SUPERANNUATION FUND

Clause 5 – TOTAL AND PERMANENT DISABILITY

5.1 For a firefighter totally and permanently disabled as a result of being engaged in operational duties, the NSW Government will pay an indexed pension, for the life of the former firefighter that, in combination with the payment of any benefits arising from the operation of the firefighter’s superannuation scheme(s) being the State Authorities Superannuation Scheme and/or First State Superannuation Scheme and/or any scheme into which contributions are or were paid in terms of section 10 of the First State Superannuation Act 1992 shall result in a pension of sixty three per cent of superable salary at the time of the incident.

5.2 The dollar value of the pension shall be determined by the Commissioner on the advice of the Government Actuary, who will provide his/her advice taking into account the net value of any lump sum entitlement arising from the firefighter’s membership of State Authorities Superannuation Scheme and/or First State Superannuation Scheme and/or any scheme into which contributions are or were paid in terms of section 10 of the First State Superannuation Act 1992. The pension will commence from the date on which all leave other than Extended Leave would have expired, regardless of whether the leave was taken as leave or paid as a gratuity.

5.3 On the death of a pensioner there shall be paid an indexed pension of two-thirds that payable to him/her at the time of death, together with children’s pensions payable at such rates and in such circumstances as specified in the Superannuation Act 1916.

 

5.4 Where there is no surviving spouse but there are children who would be eligible for an orphan’s pension as if the Superannuation Act 1916 had applied to the firefighter, a pension shall be payable in respect of such children at such rates and in such circumstances as specified in the Superannuation Act 1916.

5.5 Indexation of the pensions detailed in this clause will occur on the same basis as that set out in Divisions 6 and 7, Part 4 of the Superannuation Act 1916.

5.6 The frequency of pension payment by NSW Fire Brigades shall be fortnightly, through direct deposit into a bank account nominated by the relevant individual. Tax calculation shall be in accordance with the Income Tax Instalments chart issued from time to time by the Australian Taxation Office.

5.7 The pension payable to a former firefighter is additional to any workers’ compensation benefits that may be payable to the former firefighter.

Clause 6 – DEATH OF FIREFIGHTER WHILE ENGAGED IN

OPERATIONAL DUTIES

6.1 For a firefighter killed as a result of an incident while engaged in operational duties, the NSW Government will pay an indexed pension that, in combination with the payment of any benefits arising from the operation of the firefighter’s superannuation scheme(s) being the State Authorities Superannuation Scheme and/or First State Superannuation Scheme and/or any scheme into which contributions are or were paid in terms of section 10 of the First State Superannuation Act 1992, shall result in a pension that is not less than two-thirds of sixty three per cent of superable salary of the deceased firefighter at the date of death to a spouse for the life of the spouse.

6.2 The dollar value of the pension shall be determined by the Commissioner on the advice of the Government Actuary, who will provide his/her advice taking into account the net value of any lump sum entitlement arising from the firefighter’s Membership of the State Authorities Superannuation Scheme And/or First State Superannuation Scheme and/or any scheme Into which contributions are or were paid in terms of section 10 of the First State Superannuation Act 1992. The pension will Commence at the date of death. The benefit will also include a children’s pension, if applicable.

6.3 Where there is no surviving spouse but there are children who would be eligible for an orphan’s pension as if the Superannuation Act 1916 had applied to the firefighter, a pension shall be Payable in respect of such children at such rates and in such Circumstances as specified in the Superannuation Act 1916.

6.4 The pensions detailed in this clause shall operate on the same basis as that set out in the Superannuation Act 1916.

6,5 Indexation of the pensions detailed in this clause will occur on

the same basis as that set out in Divisions 6 and 7, Part 4 of the Superannuation Act 1916.

6.6 The frequency of pension payment by NSW Fire Brigades shall be fortnightly, through direct deposit into a bank account nominated by the relevant individual. Tax calculations shall be in accordance with the Income Tax Instalments chart issued from time to time by the Australian Taxation Office.

6.7 The pension payable to the spouse of the deceased firefighter is additional to any workers’ compensation benefits that may be payable.

 

Clause 7 – FIREFIGHTER WITH PERMANENT PARTIAL DISASBILITY

7.1 This clause has effect except in so far as provision is otherwise made by law.

7.2 For a firefighter who suffers a permanent partial disability that renders the firefighter unable to perform the full range of operational duties, there will be no forced medical retirement. This provision is subject to the firefighter undertaking all reasonable training and required rehabilitation in order to be redeployed to duties which entail other than the full range of operational duties within the NSW Fire Brigades. This training and rehabilitation will be provided or organised by the NSW Fire Brigades.

7.3 In the event that there are divergent views as to whether the undertake all reasonable training and rehabilitation, this determination shall be made by the Commissioner, and is subject to firefighter concerned has undertaken and/or is continuing to the Grievance mechanism described at clause 10 below.

7.4 A firefighter who is, in accordance with this clause, undertaking all reasonable training and required in order to be redeployed or who is redeployed shall not suffer any reduction in income.

PART C- HEALTH AND FITNESS STANDARDS FOR FIREFIGHTERS

Clause 8 – HEALTH AND FITNESS STANDARD

8.1 All firefighters will be required to undergo regular and periodic testing to meet the agreed health and fitness standards. In the event that fitness standards cannot be agreed between the NSW Fire Brigades and the FBEU within the three months from the date of this Award, the fitness standards shall be as determined by the Commissioner. The fitness standards shall commence on 1 December 1999.

Clause 9 – PARTIAL AND TEMPORARY INCAPACITY

9.1 This clause has effect except in so far as provision is otherwise made by law.

9.2 Those firefighters who fail to meet the applicable fitness standard shall participate in a program, with agreed timetables, in order to reach and maintain the required fitness standard. In the event that a timetable cannot be agreed, the timetable shall be as determined by the Commissioner.

9.3 Those firefighters who fail to meet the applicable fitness standard and then in continued good faith participate in a program, undertake all reasonable training and rehabilitation in order to attain the required fitness standard, shall continue to be redeployed to duties which entail other than the full range of operational duties within the NSW Fire Brigades. Firefighters who continue to participate in on a program on this basis will not face medical retirement if this is opposed by the firefighter.

9.4 A firefighter who refuses to participate in a program to reach and maintain the required fitness standard, or who does not in good faith participate in any such program or undertake all reasonable training or rehabilitation, may be subject to disciplinary proceedings under the Fire Brigades (General) Regulation 1997.

9.5 A firefighter who is, pursuant to the provisions of this clause, participating in a program or redeployed shall not suffer any reduction in income.

PART D – GREIVANCE AND DISPUTES MECHANISM, INCDENCE AND DURATION

Clause 10 – GREIVANCE AND DISPUTES MECHANISM

10.1 Any grievance which arises from the operation of this Award shall be dealt with in accordance with the Grievance/Dispute Resolution Policy NSW Fire Brigades applying at the date of decision of this Award, and which is detailed at pages 2-117 to 2-121 of New South Wales Fire Brigades Standing Orders 1998, Volume 2, Administration

10.2 If the issue gives rise to a dispute, it shall be dealt with accordance with the Dispute Avoidance Procedures applying at the date of decision of this Award, and which are detailed at Clause 35 of the Crown Employees (NSW Fire Brigades Firefighting Staff) Award 1997.

CLAUSE 11 – INCIDENCE AND DURATION

11.1 This Award shall apply to all firefighters as defined in clause 4, Definitions.

11.2 This Award shall take effect from the date of decision by the Industrial Relations Commission of New South Wales, and shall remain in force until 1 December 2001.