News

Overview of new Awards

June 4, 2004

Below is a summary of the changes within the proposed new 2004 Awards which members are being asked to vote upon at next week’s SGM. Both Awards will provide 4% wage increases backdated to the cessation of the 2001 Awards, which means to 5 March in the case of permanent members, and 1 April in the case of retained. Both Awards will be of twelve months’ duration, during which time the Union’s application for the arbitration of new 2005 Awards (our claim is for a further 20% over two years) will be heard by the IRC.

 

Permanent Award

Part E (the kilometre matrices) will be removed from the Award.

Rather than appearing within the Award itself, the Department will post a current copy of each matrix on the intranet and the Union will do likewise on our website. A new definition of “agreed distance” will be inserted, meaning “the relevant distance set out within the Matrices which appeared at Part E of the Crown Employees (NSW Fire Brigades Firefighting Staff) Award 2001, or as subsequently amended pursuant to subclause 12.10, copies of which shall be provided by the Department to employees in the manner agreed between the Department and the Union. “

This change is being proposed because it will make no practical difference other than to ensure that the award will no longer become outdated by km variations every 2nd week. It will also will prevent members from claiming out of date (and usually lower) km figures, and help save a few trees into the bargain.

There will be no commitments at Clause 5

The resolution of the D&D Dispute meant that the 2001 Award’s subcluase 5.2 was no longer needed. Clause 5 will now contain only the one intention: “to regulate the rates of pay and conditions of employment for employees covered by this Award.”

BA/Hazmat allowances will be clarified and expanded

The duplicate allowances at subclauses 6.6.12 (for 9 Stn’s firefighters), 6.6.13/6.6.14 (for Newc and Woll BA/Hazmat sections) and 6.6.15 (for 9Stn’s Station Officers) have been folded into one new subclause for all at 6.6.12. A new allowance of $12.45 per shift for the two members rostered each shift onto the N7 BA/Hazmat appliance at Berkeley Vale has been established at subclause 6.6.13, and the remaining allowance subclauses have been renumbered.

The Country Officers’ allowance, which was previously frozen at $5.00 per week, will be adjusted in line with this and future wage increases.

The 5km “no payment” radius for relieving and outduties at subclause 12.7.1 will be removed, with the result that all movements from one station to another will now attract the new, higher $0.83 per kilometre rate.

The point of three years’ service a S/F rank requirement of subclause 13.8 will be clarified with the insertion of the words “at least three years service as a Senior Firefighter as of the date of the relevant Pre-Entry Test“

Clause 13.8.2 will be amended to properly reflect the agreed arrangements for the Station Officers’ Pre-Entry Test. It will now read:

“13.8.2 The order of merit for entry into the Station Officers’ Promotion Program shall be determined by the level of achievement of applicants in an annual Pre-Entry Test, which shall be held each November. This Pre-Entry Test shall consist of two components. The first component shall be directed at assessing the current knowledge of the applicant. This test shall be focussed on the knowledge that an eligible Senior Firefighter should reasonably be expected to have after 9 years of service and shall comprise 70% of the total score of the Pre-Entry Test (40% technical/general knowledge and 30% on incident scenarios). The second component shall focus on the knowledge and understanding of Station Officers’ management and supervision issues. This component shall be conducted by an independent party and shall be based on pre-reading supplied to the applicants. This component shall comprise 30% of the total score of the annual Pre-Entry Test.”

The special conditions attaching to members stationed at Broken Hill under Clauses 6 and 17 will be extended to those members stationed at Moree.

The general public service excess travelling time provision will be amended to more properly reflect the firefighting industry, as follows:

Old subclause 26.1.3
“Payment for excess travelling time on both a working day and a non-working day shall be at the employee’s ordinary rate of pay on an hourly basis (calculated by dividing the weekly rate by 35) subject to a ceiling of the hourly rate set at Item 3 of Table 4 of Part D. This hourly rate shall be varied in accordacne with movements in the annual maximum rate for Clerk Grade 5 + $1.00 p.a.”

New subclause 26.1.3
“Payment for excess travelling time on both a working day and a non-working day shall be at the employee’s ordinary rate of pay on an hourly basis (calculated by dividing the weekly rate by 40) subject to a ceiling of the hourly rate of pay of a Station Officer Level 2 set at Item 3 of Table 4 of Part D.”

A new Clause 28A – Transfers Outside the GSA (New Arrangements) will be inserted.

The membership’s 2002 AGM decision to change the way the transfer registers operated will be give effect to under a new Clause 28A. This new Clause will take effect on and from 1 May 2006, and the current Clause 28 will continue to operate up until that date. The new Clause 28A, which will operate a twin list system (Residential and General) for each area, will contain special transitional provisions in order to minimise the potential for adverse impacts upon members on the existing lists:

“28A.8 Transitional Provisions

28A.8.1 Employees who, as at 1 May 2006 were holding a position on one or more of the Transfer Registers then in operation under Clause 28 shall be placed on the corresponding new Transfer Register(s) under this Clause, Residential or General, as follows:

28A.8.1.1 Employees who had held residential priority status for two or more successive years will be placed upon the relevant Residential Transfer Register(s) by order of the date of their original application.

28A.8.1.2 All remaining employees will be placed upon the relevant General Transfer Register(s) by order of the date of their original application, provided that those employees who held residential priority status for less than two years shall have the date at which their residential priority was first recognised recorded amongst their Register details pursuant to subclause 28A.3.2.1.”

The current requirement for members under Clause 29, Transferred Employee’s Compensation, to use the Crown Solicitor’s Office for conveyancing, etc. will be removed.

Members will be free to use their own solicitors and/or conveyancers, and be reimbursed for those costs.

Various minor corrections will be made

Numerous minor amendments will be made to contemporise the Award. For example, the current references to the Crown Employees (Public Service Conditions Of Employment 1997) Award and Occupational Health and Safety Act 1983 will be amended to become the Crown Employees (Public Service Conditions Of Employment 2002) Award and Occupational Health and Safety Act 2000. Further, redundant transitional subclauses, like 13.9.1 (which guaranteed the promotion of all LF’s from the 1996 exam) and 14.1, 14.2, 14.12 and 14.13 (which dealt with the introduction of Operational Support positions) will be deleted and the subclauses which follow will be renumbered.

 

Retained Award

There will be no commitments at Clause 5

The resolution of the D&D Dispute meant that the 2001 Award’s subcluase 5.2 was no longer needed. Clause 5 will now contain only the one intention: “to regulate the rates of pay and conditions of employment for employees covered by this Award.”

Clause 7.5.2 will be clarified.

When multiple brigades respond, the higher duties payment will be made to each employee in charge of each brigade, even if a Captain from another brigade is present.

Payment for forward and return journeys to the station to attend incidents will be capped at 6km.

A new payment to the same 6 km cap will now be paid to members for transport to attend regular station drills.

A new provision will be inserted requiring members on sick leave absences of 28 days or more to be cleared by the Department’s medical officer before resuming duty, as is already the case for permanent members.

Various minor corrections will be made

As explained above in the case of the Permanent Award, numerous minor amendments will be made to contemporise the new Retained Award.

Regrettably, technical difficulties have prevented the posting of the complete 2004 Award drafts to the Union’s website. However, members who email office@fbeu.net to request a copy will be forwarded a PDF version within 24 hours (please specify whether you require a copy of the draft Permanent Award, the Retained Award, or both).

Chris Read
State Secretary

Friday 4th June, 2004