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D&D Heads of agreement

June 5, 2002

The document which follows below is, word for word, a copy of the agreement reached between the Union’s negotiators and the NSW Government last Friday, 31 May. This “Heads of Agreement” document was tendered to Justice Marks of the NSW Industrial Relations Commission that day, and (provided that it is endorsed by a majority of Union members) will be used as the basis of a new Death and Disability Award for NSWFB firefighters.

The motion to be put to members for the current round of D&D Special General Meetings, and which the FBEU State Committee of Management is recommending that members should support, is:

“That the Heads of Agreement negotiated between the Union’s officials and the NSW Government dated 31 May 2002, and tendered to Justice Marks of the NSW Industrial Relations Commission on that date, be received and endorsed and that the State Committee of Management be authorised to now take all necessary steps to finalise a new D&D Award consistent with that Heads of Agreement.”

Chris Read
State Secretary
Wednesday 5th June, 2002

IRC 6011/01 and IRC 6012/01

HEADS OF AGREEMENT

31 May 2002

1. The Award Death and Disability benefit for members of FSS is to be reduced only by the amount of any death or TPI benefits payable under the FSS “DORI” benefit.

2. Employee Contribution rates:

Permanent Firefighters

FSS: 1.5 per cent of superable salary

SASS members who have not been covered until now by Additional Benefits Cover (“ABC”) or elect to opt out of ABC: 1.5 per cent of superable salary

SASS members who elect to continue to be covered by ABC for death and TPI and for the PPI Award Benefit: 0.5 per cent of superable salary

SASS Members who elect to continue to be covered by ABC and ot be covered by this Award: Nil

Retained:

$300.00 per annum

3. Definitions

“On Duty Injury”: to be defined in accordance with Section 4 of the Worker’s Compensation Act 1987 subject to the proviso that journeying to and from work shall be regarded as off-duty.

TPI: to be defined as follows:

Total and permanent incapacity means that the firefighter is unlikely, by reason of ill-health (whether physical or mental), to ever again enegage in gainful employment for which the firefighter is reasonably qualified by education, training or experience. (Necessary for reference to “injury” for “on-duty”)

PPI: to be defined as follows:

Partial and permanent incapacity means that a firefighter is no longer fit to work as a firefighter within the New South Wales Fire Brigades. (Necessary for reference to “injury” for “on-duty”)

4. Benefits At Work, Or Arising From Work

For Permanents

Death and TPI – excluding members of SASS who elect not to be covered by this Award or elect only the PPI Award benefit

Lump sum equivalent to 60% of salary to age 65.

PPI

Extensive rehabilitation/retraining program for up to 2 years, leading to redeployment in alternative duties. If redeployment within the NSW Fire Brigades is not possible, then exit from the Brigades on the basis of one scale – lump sum payment at equivalent PPI 1 value (in accordance with PEO application).

The objective of the rehabilitation/retraining program is to place every permanently incapacitated firefighter in a suitable position within the NSWFB. The NSWFB will make all reasonable efforts to ensure that an incapacitated firefighter is so placed, including by identifying potential employment opportunities as soon as practicable and directing the rehabilitation/retraining program to that end, and in consultation with the firefighter concerned.

Where the NSWFB believes that, notwithstanding every reasonable effort to the contrary, a suitable position may not be found for an incapacitated firefighter who is undergoing the rehabilitation/retraining program, the firefighter and the FBEU (unless the firefighter expressly declines to agree to the FBEU being informed) shall be informed at the earliest possible opportunity.

An incapacitated firefighter’s employment will not be terminated because of the lack of a suitable position within the NSWFB without the firefighter’s consent. In the event that the firefighter does not consent, an adequate opportunity will be given to the firefighter concerned and the FBEU (unless the firefighter expressly declines to agree to the FBEU being informed) to consider the NSWFB’s position that no suitable position is available and to put that opinion into dispute in accordance with the dispute resolution clause in the award.

The parties agree that it is anticipated that the rehabilitation/retraining program and forward planning associated with the program will minimise the likelihood that any incapacitated firefighter will be terminated because at the end of the rehabilitation/retraining program, a suitable position is not available.

For Retained

Death and TPI –

Lump sum equivalent to 60% of “deemed” annual salary to age 65.

PPI

Exit from the Brigades on the basis of lump sum payment at equivalent PPI 1 value (scale to be subject to review and adjustment), with salary to be determined:

(a) where it was agreed that there was a loss of FB employment only, on the retained firefighter’s actual retained earnings; otherwise

(b) on the retained firefighter’s “deemed” annual salary.

5. “Off-Duty” Benefits

For Permanents:

Death and TPI – excluding members of SASS who elect not to be covered by this Award or elect only the PPI Award benefit

$250,000 lump sum, subject to the proviso that the benefit shall not exceed the benefit that would have been payable had the death or TPI occurred whilst the firefighter was on-duty.

PPI

Extensive rehabilitation/retraining program on full pay for up to 2 years, leading to redeployment in alternative duties. If redeployment within the NSW Fire Brigades is not possible, then exit from the Brigades. If such exit occurs prior to 2 years (or age 60, whichever is the lesser) then the balance of the 2 years’ pay (or pay to age 60, whichever is the lesser) to be paid as a lump sum.

For Retained:

Death and TPI –

$250,000 lump sum, subject to the proviso that the benefit shall not exceed the benefit that would have been payable had the death or TPI occurred whilst the firefighter was on-duty.

PPI

Exit from the Brigades on the basis of lump sum payment equivalent to two years of that retained firefighter’s actual retained earnings or to age 60 whichever is the lesser.

6. Entitlement to the benefits applicable to “total and permanent incapacity” and “partial and permanent incapacity” shall be assessed in a manner that is consistent with the relevant legislative provisions. In the event of any dispute as to the entitlement of a firefighter, the dispute shall be referred to the IRC.

7. Vehicles to deliver benefits and effectively and efficiently – to be established by both parties and the employer to initiate any necessary administrative arrangements and legislative change.

8. (a) The parties agree and accept the need for a compulsory health and fitness program that is underpinned by practical support, education and assistance programs; and

(b) both parties agree to develop and implement such a program in circumstances in which a member of the Industrial Relations Commission will oversight their progress and set appropriate time frames, subject to the proviso that:

“A firefighter who fails to meet the prescribed health and fitness standards will be given an appropriate period of time, as determined on medical advice, to achieve the level of health and fitness required. Subsequently, a firefighter who fails the medical reassessment or who is deemed on medical advice not capable of regaining or maintaining an acceptable level of fitness will be rehabilitated to another position in accordance with the Fire Brigades policy.” (The intention of the parties is that the Policy is to be negotiated as part of the Health and Fitness package.)

(d) Negotiations will commence on the proposed Return to Work policy, which shall include agreed Alternative Duties provisions. (The intention of the parties here is that the Return to Work Policy is to be negotiated as part of the Health and Fitness package.)

(e) Health and fitness standards to be subject to negotiation and agreement, but shall apply to al firefighters, with no distinction based solely upon rank.

9. All benefits which currently cease at age 60, if the preservation age increases, be adjusted accordingly.

10. The method of determining a retained firefighter’s “deemed annual salary” shall be the hourly rate of a Captain, multiplied by a factor of 2088.

11. “Actual Retained Earnings” shall mean the greater average annual remuneration received by a retained firefighter calculated over either the preceding twelve months or five years excluding any periods of Special Leave Without Pay, unpaid leave and/or suspension.

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D&D Heads of agreement

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