Part 1—Application and Operation
2. Commencement and transitional
3. Definitions and interpretation
5. Access to the award and the National Employment Standards
6. The National Employment Standards and this award
Part 2—Consultation and Dispute Resolution
Part 3—Types of Employment and Termination of Employment
10. Types of employment—public sector
11. Types of employment—private sector
Part 4—Minimum Wages and Related Matters
15. Minimum wages—public sector
16. Minimum wages—private sector
Part 5—Hours of Work and Related Matters
22. Ordinary hours of work and rostering—public sector
23. Ordinary hours of work and rostering—private sector
24. Breaks—public sector employees and private sector shiftworkers
25. Breaks—private sector day workers
Part 6—Leave and Public Holidays
29. Personal/carer’s leave and compassionate leave
SCHEDULE A—TRANSITIONAL PROVISIONSSCHEDULE B—CLASSIFICATIONS
SCHEDULE C—2013 PART-DAY PUBLIC HOLIDAYS
MA000111 - Fire Fighting Industry Award 2010
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 30 December 2013 (variation PR546111).
Clauses affected by the most recent variation:
Fire Fighting Industry Award 2010
NOTE:
Transitional provisions may apply to certain clauses –see clause 2 and Schedule A
To determine the transitional amount or loading,go to the version of this modern award in operation prior to 1 July 2010 which does not include:
(a) variations to minimum wages resulting from the Annual Wage Review 2009-10;or
(b) variations in expense related allowances operative from 1 July 2010.
Table of Contents
[Varied by PR532630,PR544519,PR546288]
Part 1—Application and Operation
2. Commencement and transitional
3. Definitions and interpretation
5. Access to the award and the National Employment Standards
6. The National Employment Standards and this award
Part 2—Consultation and Dispute Resolution
Part 3—Types of Employment and Termination of Employment
10. Types of employment—public sector
11. Types of employment—private sector
Part 4—Minimum Wages and Related Matters
15. Minimum wages—public sector
16. Minimum wages—private sector
Part 5—Hours of Work and Related Matters
22. Ordinary hours of work and rostering—public sector
23. Ordinary hours of work and rostering—private sector
24. Breaks—public sector employees and private sector shiftworkers
25. Breaks—private sector day workers
Part 6—Leave and Public Holidays
29. Personal/carer’s leave and compassionate leave
Schedule A—Transitional Provisions
Schedule C—2013 Part-day public holidays
Part 1—Application and Operation
2. Commencement and transitional
3. Definitions and interpretation
5. Access to the award and the National Employment Standards
6. The National Employment Standards and this award
This award is the Fire Fighting Industry Award 2010.
2. Commencement and transitional
2.1 This award commences on 1 January 2010.
2.2 The monetary obligations imposed on employers by this award may be absorbed into overaward payments. Nothing in this award requires an employer to maintain or increase any overaward payment.
2.3 This award contains transitional arrangements which specify when particular parts of the award come into effect. Some of the transitional arrangements are in clauses in the main part of the award. There are also transitional arrangements in Schedule A. The arrangements in Schedule A deal with:
●minimum wages and piecework rates
●casual or part-time loadings
●Saturday,Sunday,public holiday,evening or other penalties
●shift allowances/penalties.
[2.4 varied by PR542231 ppc 04Dec13]
2.4 Neither the making of this award nor the operation of any transitional arrangements is intended to result in a reduction in the take-home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take-home pay as a result of the making of this award or the operation of any transitional arrangements,the Fair Work Commission may make any order it considers appropriate to remedy the situation.
[2.5 varied by PR542231 ppc 04Dec13]
2.5 The Fair Work Commission may review the transitional arrangements in this award and make a determination varying the award.
[2.6 varied by PR542231 ppc 04Dec13]
2.6 The Fair Work Commission may review the transitional arrangements:
(a) on its own initiative;or
(b) on application by an employer,employee,organisation or outworker entity covered by the modern award;or
(c) on application by an organisation that is entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award.
[2.5(d) deleted by PR993429 ppc 9Feb10]
3. Definitions and interpretation
[Varied by PR993429,PR997772,PR503677,PR546111]
3.1 In this award,unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth)
agreement-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
[Definition of appointed station varied by PR993429 ppc 9Feb10]
appointed station means the station of the brigade to which a Firefighter or Station Officer or Fire Service Communications Controller is appointed
award-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
[Definition of default fund employee inserted by PR546111 ppc 01Jan14]
default fund employee means an employee who has no chosen fund within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cth)
[Definition of defined benefit member inserted by PR546111 ppc 01Jan14]
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth)
[Definition of Division 2B State award inserted by PR503677 ppc 01Jan11]
Division 2B State award has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
[Definition of Division 2B State employment agreement inserted by PR503677 ppc 01Jan11]
Division 2B State employment agreement has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
[Definition of duty station varied by PR993429 ppc 9Feb10]
duty station means the station at which a Firefighter or Station Officer or Fire Service Communications Controller is carrying out their normal duties,whether at the appointed station or not
[Definition of employee substituted by PR997772 from 01Jan10]
employee means national system employee within the meaning of the Act
[Definition of employer substituted by PR997772 from 01Jan10]
employer means national system employer within the meaning of the Act
enterprise award-based instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
[Definition of exempt public sector superannuation scheme inserted by PR546111 ppc 01Jan14]
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)
IFE means Institute of Fire Engineers
[Definition of MySuper product inserted by PR546111 ppc 01Jan14]
MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)
NES means National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth)
standard operating procedures means the procedures established from time to time
standard rate means the Minimum weekly wage:38 hours for a Qualified Firefighter set out in clause 15—Minimum wages—public sector
transitional minimum wage instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
3.2 Where this award refers to a condition of employment provided for in the NES,the NES definition applies.
4.1 This industry award covers employers throughout Australia in the fire fighting industry and their employees in the classifications listed in Schedule B—Classifications to the exclusion of any other modern award.
4.2 For the purposes of this award the fire fighting industry means:
(a) the suppressing and extinguishing of fires;
(b) the provision of rescue services (other than by police,ambulance,a State Emergency Service or the military) at the scene of accidents,explosions or other emergencies;
(c) the handling of spillages of toxic or hazardous materials in emergency situations (other than in a marine environment or by an employer in relation to its own property,premises or products);and
(d) the prevention of fires and the sale,supply,installation,maintenance,repair and/or inspection of fire protection equipment other than fixed or semi-fixed fire protection systems by an employer otherwise in the fire fighting industry by virtue of clause 4.2(a).
4.3 The award does not cover an employee excluded from award coverage by the Act.
4.4 The award does not cover employees who are covered by a modern enterprise award,or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)),or employers in relation to those employees.
4.5 The award does not cover employees who are covered by a State reference public sector modern award,or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)),or employers in relation to those employees.
4.6 Where an employer is covered by more than one award,an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.
NOTE:Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.
5. Access to the award and the National Employment Standards
The employer must ensure that copies of this award and the NES are available to all employees to whom they apply either on a notice board which is conveniently located at or near the workplace or through electronic means,whichever makes them more accessible.
6. The National Employment Standards and this award
The NES and this award contain the minimum conditions of employment for employees covered by this award.
[Varied by PR542231]
7.1 Notwithstanding any other provision of this award,an employer and an individual employee may agree to vary the application of certain terms of this award to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning:
(a) arrangements for when work is performed;
(b) overtime rates;
(c) penalty rates;
(d) allowances;and
(e) leave loading.
[7.2 varied by PR542231 ppc 04Dec13]
7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. An agreement under this clause can only be entered into after the individual employee has commenced employment with the employer.
7.3 The agreement between the employer and the individual employee must:
(a) be confined to a variation in the application of one or more of the terms listed in clause 7.1;and
[7.3(b) varied by PR542231 ppc 04Dec13]
(b) result in the employee being better off overall at the time the agreement is made than the employee would have been if no individual flexibility agreement had been agreed to.
7.4 The agreement between the employer and the individual employee must also:
(a) be in writing,name the parties to the agreement and be signed by the employer and the individual employee and,if the employee is under 18 years of age,the employee’s parent or guardian;
(b) state each term of this award that the employer and the individual employee have agreed to vary;
(c) detail how the application of each term has been varied by agreement between the employer and the individual employee;
(d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment;and
(e) state the date the agreement commences to operate.
7.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.
7.6 Except as provided in clause 7.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee.
7.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the employer must take measures,including translation into an appropriate language,to ensure the employee understands the proposal.
7.8 The agreement may be terminated:
[7.8(a) varied by PR542231 ppc 04Dec13]
[Note inserted by PR542231 ppc 04Dec13]
Note:If any of the requirements of s.144(4),which are reflected in the requirements of this clause,are not met then the agreement may be terminated by either the employee or the employer,giving written notice of not more than 28 days (see s.145 of the Fair Work Act 2009 (Cth)).
[New 7.9 inserted by PR542231 ppc 04Dec13]
7.9 The notice provisions in clause 7.8(a) only apply to an agreement entered into from the first full pay period commencing on or after 4 December 2013. An agreement entered into before that date may be terminated in accordance with clause 7.8(a),subject to four weeks’notice of termination.
[7.9 renumbered by 7.10 varied by PR542231 ppc 04Dec13]
7.10 The right to make an agreement pursuant to this clause is in addition to,and is not intended to otherwise affect,any provision for an agreement between an employer and an individual employee contained in any other term of this award.
Part 2—Consultation and Dispute Resolution
[8—Consultation regarding major workplace change renamed and substituted by PR546288 ppc 01Jan14]
8.1 Consultation regarding major workplace change
(i) Where an employer has made a definite decision to introduce major changes in production,program,organisation,structure or technology that are likely to have significant effects on employees,the employer must notify the employees who may be affected by the proposed changes and their representatives,if any.
(ii) Significant effects include termination of employment;major changes in the composition,operation or size of the employer’s workforce or in the skills required;the elimination or diminution of job opportunities,promotion opportunities or job tenure;the alteration of hours of work;the need for retraining or transfer of employees to other work or locations;and the restructuring of jobs. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.
(b) Employer to discuss change
(i) The employer must discuss with the employees affected and their representatives,if any,the introduction of the changes referred to in clause 8.1(a),the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.
(ii) The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 8.1(a).
(iii) For the purposes of such discussion,the employer must provide in writing to the employees concerned and their representatives,if any,all relevant information about the changes including the nature of the changes proposed,the expected effects of the changes on employees and any other matters likely to affect employees provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the employer’s interests.
8.2 Consultation about changes to rosters or hours of work
(a) Where an employer proposes to change an employee’s regular roster or ordinary hours of work,the employer must consult with the employee or employees affected and their representatives,if any,about the proposed change.
(b) The employer must:
(i) provide to the employee or employees affected and their representatives,if any,information about the proposed change (for example,information about the nature of the change to the employee’s regular roster or ordinary hours of work and when that change is proposed to commence);
(ii) invite the employee or employees affected and their representatives,if any,to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities);and
(iii) give consideration to any views about the impact of the proposed change that are given by the employee or employees concerned and/or their representatives.
(c) The requirement to consult under this clause does not apply where an employee has irregular,sporadic or unpredictable working hours.
(d) These provisions are to be read in conjunction with other award provisions concerning the scheduling of work and notice requirements.
9.1 In the event of a dispute about a matter under this award,or a dispute in relation to the NES,in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute,the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate.
[9.2 varied by PR542231 ppc 04Dec13]
9.2 If a dispute about a matter arising under this award or a dispute in relation to the NES is unable to be resolved at the workplace,and all appropriate steps under clause 9.1 have been taken,a party to the dispute may refer the dispute to the Fair Work Commission.
[9.3 varied by PR542231 ppc 04Dec13]
9.3 The parties may agree on the process to be utilised by the Fair Work Commission including mediation,conciliation and consent arbitration.
[9.4 varied by PR542231 ppc 04Dec13]
9.4 Where the matter in dispute remains unresolved,the Fair Work Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.
9.5 An employer or employee may appoint another person,organisation or association to accompany and/or represent them for the purposes of this clause.
9.6 While the dispute resolution procedure is being conducted,work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation,an employee must not unreasonably fail to comply with a direction by the employer to perform work,whether at the same or another workplace,that is safe and appropriate for the employee to perform.
9.7 Dispute resolution training leave
(a) An employee elected by employees in a workplace to represent them in dealings with the employer will be granted leave on full pay for up to five days per calendar year for the purpose of attending training courses that will enable the employee’s representative to perform or better perform their duties.
(b) Such leave in a calendar year may be extended to 10 days,subject to the total leave granted in that year and the subsequent year not exceeding 10 days.
(c) At all times this leave is subject to operational requirements and determined on this basis.
Part 3—Types of Employment and Termination of Employment
10. Types of employment—public sector
11. Types of employment—private sector
10. Types of employment—public sector
An employer in the public sector may only employ a person in a classification in this award on a full-time basis. A full-time employee is an employee who is engaged to work an average of 38 ordinary hours per week.
11. Types of employment—private sector
11.1 An employer in the private sector may employ a person in a classification in this award on a full-time or part-time basis.
11.2 The employer must advise an employee in writing at the time of engagement whether the employee is engaged on a full-time or part-time basis. The employer must also advise in writing the classification level to which the employee is appointed.
11.3 Full-time employment
A full-time employee is an employee who is engaged to work an average of 38 ordinary hours per week.
(a) A part-time employee is an employee who:
(i) works less than full-time hours of 38 ordinary hours per week;
(ii) has reasonably predictable hours of work;and
(iii) receives,on a pro rata basis,equivalent pay and conditions to those of full-time employees who do the same kind of work.
(b) At the time of engagement the employer and the part-time employee will agree in writing on a regular pattern of work,specifying at least the hours worked each day,which days of the week the employee will work and the actual starting and finishing times each day.
(c) Any agreed variation to the hours of work will be recorded in writing.
(d) An employer is required to roster a part-time employee for a minimum of three consecutive hours on any shift.
(e) All time worked in excess of the hours as agreed under clause 11.4(b) or varied under clause 11.4(c) will be overtime and paid for at the rates prescribed in clause 26—Overtime.
(f) A part-time employee employed under the provisions of this clause must be paid for ordinary hours worked at the rate of 1/38th of the appropriate weekly rate prescribed in clause 16—Minimum wages—private sector.
12.1 Notice of termination is provided for in the NES.
12.2 Notice of termination by an employee
The notice of termination required to be given by an employee is the same as that required of an employer except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this award or the NES,an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee.
Where an employer has given notice of termination to an employee,an employee must be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer.
13.1 Redundancy pay is provided for in the NES.
13.2 Transfer to lower paid duties
Where an employee is transferred to lower paid duties by reason of redundancy,the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may,at the employer’s option,make payment instead of an amount equal to the difference between the former ordinary time rate of pay and the ordinary time rate of pay for the number of weeks of notice still owing.
13.3 Employee leaving during notice period
An employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The employee is entitled to receive the benefits and payments they would have received under this clause had they remained in employment until the expiry of the notice,but is not entitled to payment instead of notice.
13.4 Job search entitlement
(a) An employee given notice of termination in circumstances of redundancy must be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.
(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment,the employee must,at the request of the employer,produce proof of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose a statutory declaration is sufficient.
(c) This entitlement applies instead of clause 12.3.
Part 4—Minimum Wages and Related Matters
15. Minimum wages—public sector
16. Minimum wages—private sector
Classifications for employees covered by this award are set out in Schedule B—Classifications.
15. Minimum wages—public sector
[Varied by PR993429,PR998011,PR509142,PR522973,PR536776]
15.1 The minimum weekly wages payable by public sector employers to their employees employed in classifications in this award are set out in the following table.
[15.1 varied by PR993429,PR998011,PR509142,PR522973,PR536776 ppc 01Jul13]
Classification | Minimum weekly wage:38 hours | Shift loading:30% of the minimum weekly wage | Average 40 hours loading:10.5263% of the combined minimum weekly wage and shift loading | Total weekly wage |
$ | $ | $ | $ | |
Recruit | 648.40 | - | - | 648.40 |
Firefighter Level 1 | 648.40 | 194.52 | 88.73 | 931.65 |
Firefighter Level 2 | 657.50 | 197.25 | 89.97 | 944.72 |
Firefighter Level 3 | 668.70 | 200.61 | 91.51 | 960.82 |
Qualified Firefighter | 724.50 | 217.35 | 99.14 | 1040.99 |
Leading Firefighter | 828.90 | 248.67 | 113.43 | 1191.00 |
Station Officer | 898.50 | 269.55 | 122.95 | 1291.00 |
Senior Station Officer | 968.00 | 290.40 | 132.46 | 1390.86 |
Fire Service Communications Controller | 968.00 | 290.40 | 132.46 | 1390.86 |
16. Minimum wages—private sector
[Varied by PR993429,PR998011,PR509142,PR522973,PR536776]
[16.1 varied by PR993429,PR998011,PR509142,PR522973,PR536776 ppc 01Jul13]
16.1 The minimum weekly wages payable by private sector employers to their employees employed in classifications in this award are set out in the following table.
Classification | Minimum weekly wage:38 hours |
$ | |
Recruit | 648.40 |
Firefighter Level 1 | 648.40 |
Firefighter Level 2 | 657.50 |
Firefighter Level 3 | 668.70 |
Qualified Firefighter | 724.50 |
Leading Firefighter | 828.90 |
Station Officer | 898.50 |
Senior Station Officer | 968.00 |
[Varied by PR994509,PR998144,PR509263,PR523093,PR536896]
17.1 Uniform and equipment allowance
[17.1(a) varied by PR994509 from 01Jan10]
(a) The employer will reimburse each employee for the cost of purchasing,replacing,repairing and/or cleaning the articles of clothing and/or equipment that must be worn and/or used by the employee. This provision will not apply where such clothing and equipment is provided,replaced,repaired and/or cleaned or paid for by the employer.
(b) The replacement,repairs and/or cleaning of the articles of clothing and equipment will occur when reasonably required by each employee and/or when the uniform or equipment becomes so soiled or damaged that it requires cleaning,repair,or replacement.
[17.2(a) varied by PR998144,PR509263,PR523093,PR536896 ppc 01Jul13]
(a) An employee entitled to a meal allowance other than those specified in clause 17.3(d) will receive an amount of $14.08.
(b) Where a normal meal break of an employee is withheld for a period in excess of 30 minutes,a meal allowance will be paid to the employee. This provision will not apply to Firefighters or Station Officers who are required to perform salvage duty or a fire call as provided for in clause 17.2(c).
(c) Where an employee is required to perform salvage duty,watching duty or a fire call (provided that such duty or fire call is of not less than three hours’duration) and includes a period of a normal meal break they will be paid a meal allowance except when the employer provides a meal.
(d) Where overtime is worked for two hours or more before or after a rostered shift,a meal allowance will be paid for every meal except when the employer provides a meal.
(e) When recalled for duty an employee will be paid a meal allowance on the following basis:
(i) on day duty two meal allowances,if work commences before 10.00 am and continues for more than two hours;
(ii) on day duty one meal allowance,if work commences after 10.00 am and continues for more than three hours;and
(iii) on night duty one meal allowance,if work commences before 8.00 pm and continues for more than two hours.
(f) An employee retained on duty within the meaning of clause 26.4 will receive a meal allowance and if the period of retention exceeds four hours the employee will receive a further meal allowance and continue to receive a meal allowance at the end of each additional two hour period worked.
17.3 Travelling allowance,expenses and reimbursement
(a) When an employee is detailed for duty to a station other than their appointed station,they will,except in the case of emergency,receive at least 48 hours’notice of such duty. During the period for which an employee is so detailed,they will report to the duty station at the commencing time of each shift to which they are rostered and will in addition to their wages be paid or reimbursed:
(i) all expenses necessarily incurred by them in excess of those ordinarily incurred between their residence and their appointed station;and
(ii) provided that the relieving period is less than the equivalent of a rostered leave cycle:
●a daily allowance equal to one hour’s wage at overtime rates;and
●if the duty station is further from their residence than is their appointed station,an allowance based on the shortest distance by road which separates their appointed station and duty station for three minutes each way at ordinary rates for each four kilometres or part thereof travelled.
(b) When an employee,while on duty at their appointed station,is required to perform duty at another station they will:
(i) if returned to their appointed station during their duty shift,be reimbursed the cost of reasonable transport between their appointed station and the duty station at which they are required to perform duty. This provision will not apply where reasonable transport is provided by the employer;
(ii) if they remain on duty at such other station until the end of their duty shift,they will,in addition to their wages be paid or reimbursed:
●the appropriate single travelling expenses to their appointed station;
●an allowance equal to half an hour’s pay at overtime rates;and
●if the duty station is further from their residence than their appointed station,an allowance based on the shortest distance by road which separates their appointed station and duty station of two and a half minutes each way at ordinary rates for each kilometre or part thereof travelled.
(c) When an employee travels between their appointed and duty station,or is required to do duty away from their appointed or duty station,or attend training,they will be reimbursed the cost of reasonable transport. This provision will not apply where transport is provided by the employer.
[17.3(d) varied by PR998144,PR509263,PR523093,PR536896 ppc 01Jul13]
(e) The allowances in clause 17.3(d) are subject to the following:
(i) the breakfast allowance is not payable if departure from home is after 7.00 am;
(ii) the lunch allowance is not payable if departure from the location is after 12.00 pm;
(iii) the dinner allowance is not payable if arrival at home is before 7.00 pm;and
(iv) the accommodation allowance is only payable for overnight accommodation.
[17.4 varied by PR523093,PR536896 ppc 01Jul13]
Any employee who is required by the employer to use their own motor vehicle on the employer’s business,and is not otherwise entitled to an allowance in respect of the cost of travel,will be entitled to receive an allowance of $0.76 per kilometre in the case of a motor vehicle and $0.25 per kilometre in the case of a motorcycle.
(a) An employee required to do relieving duty away from their appointed station will receive:
(i) if the distance between their appointed station and their duty station is greater than 100 kilometres measured by the shortest distance by road:
●an allowance of 3.18% of the standard rate per shift;
●when off duty,the cost of reasonable accommodation,not at the duty station,dinner and breakfast and a meal allowance;and
●the expenses as prescribed in clause 17.3 for the journey to their duty station,prior to commencing relieving duty at the station and for the return journey,at the completion of the tour of relieving duty at the station,
(ii) if the distance between their appointed station and their duty station is between 50 and 100 kilometres measured by the shortest distance by road:
●an allowance of 3.18% of the standard rate per shift;and
●when there is a break between shifts of 24 hours or less,when off duty,the cost of reasonable accommodation,not at the duty station,dinner and breakfast and a meal allowance.
(b) A relieving employee will not be entitled to the accommodation and meals allowance prescribed in this clause when they return to their place of residence between shifts and receive the travelling allowance,expenses and reimbursement expenses prescribed in clause 17.3.
17.6 Change of residence expenses
Where an employee is permanently promoted,transferred or ordered from one location to another location that reasonably necessitates the employee to change their residence the employer will reimburse the employee for the reasonable expenses incurred in such relocation including the cost of transporting the employee and their family to the new location and costs of moving furniture and personal effects.
(a) An employee who is the holder of IFE Graduate Certificate or a Certificate of Fire Technology will be paid an extra 1.7% of the standard rate per week.
(b) An employee who is the holder of both the IFE Graduate Certificate and the Certificate of Fire Technology will be paid an extra 2.5% of the standard rate per week.
(c) An employee who is the holder of both the IFE Graduate Certificate and Membership will be paid an extra 3.1% of the standard rate per week.
(d) A holder of a current recognised first aid certificate will receive an extra 1.95% of the standard rate per week if appointed by the employer to perform first aid duty (in the case of fire stations one such employee will be appointed per shift).
(a) Station Officers not working the 10/14 shift roster who are required to be available after working hours to deal with operational matters will receive a 4.5% loading on their total weekly wage to be counted for all purposes.
(b) In the event of an employee covered by clause 17.8(a) being required to attend an operational incident,the time back on duty will be counted as part of their average of 42 hours per week as detailed in clause 22.2(a).
17.9 Driving licence fee reimbursement
17.10 Attendance at training facilities,allowances and expenses
(a) The employer may,by agreement or by giving not less than one week’s notice,require employees to attend training courses at a training facility subject to the following conditions.
(b) The employer may fix within a spread of hours between 8.00 am and 10.00 pm the daily number of training hours and the time at which daily training sessions are held.
(c) The employer will pay overtime rates in accordance with clause 26—Overtime,for all reasonable travelling time outside the hours of 8.00 am to 6.00 pm to and from the training facility.
(d) Training time in excess of 10 hours in any one day or 38 hours in any one weekly tour of duty or week as the case may be which will not exceed five days will be paid overtime at the rates prescribed in clause 26.
(e) Where an employee is required to attend training they will be reimbursed the cost of reasonable transport. This provision will not apply where the employer provides reasonable transport.
(f) An employee required to attend a training facility which requires that they stay away from home will be reimbursed the full cost of accommodation. This provision will not apply where the employer provides full accommodation.
(a) An employee detailed on to a designated heavy rescue appliance,will receive an additional 2.4% of the standard rate per week when so detailed.
(b) Station Officers and Firefighters rostered for special administrative duties,who are required to maintain operational competencies,will receive an additional 7.3% of the standard rate per week whilst so rostered. Special administrative duties will include all rostered duty in the training and education,fire safety and administrative areas of operations.
17.12 Adjustment of expense related allowances
(a) At the time of any adjustment to the standard rate,each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.
[17.12(b) varied by PR994509 from 01Jan10]
[Varied by PR503677]
[18.1 substituted by PR503677 ppc 01Jan11]
18.1 Subject to clause 18.2,an employee is entitled to accident pay in accordance with the terms of an award made under the Workplace Relations Act 1996 (Cth) that would have applied to the employee immediately prior to 27 March 2006,a notional agreement preserving a State award that would have applied to the employee immediately prior to 1 January 2010 or a Division 2B State award that would have applied to the employee immediately prior to 1 January 2011:
(a) if the employee had at that time been in their current circumstances of employment and no agreement-based transitional instrument,enterprise agreement or Division 2B State employment agreement had applied to the employee;and
(b) that would have entitled the employee to accident pay in excess of the employee’s entitlement to accident pay,if any,under any other instrument.
[18.2 substituted by PR503677 ppc 01Jan11]
18.2 The employee’s entitlement to accident pay under the award,the notional agreement preserving a State award or the Division 2B State award is limited to the amount of accident pay which exceeds the employee’s entitlement to accident pay,if any,under any other instrument.
18.3 This clause does not operate to diminish an employee’s entitlement to accident pay under any other instrument.
18.4 This clause ceases to operate on 31 December 2014.
19.1 A Station Officer who is required to perform higher duties for any period in excess of an aggregate of five weeks in a 12 month period will be paid for the period in excess of five weeks at the higher rate.
19.2 An employee other than a Station Officer who is appointed to perform duties at a higher level beyond seven days will be paid at the higher rate for the whole period of performing such duties.
20.1 Wages must be paid fortnightly according to the actual ordinary hours worked each week or according to the average number of ordinary hours worked each week.
20.2 Wages must either be paid by cash,cheque or electronic funds transfer into the bank or financial institution account nominated by the employee.
[Varied by PR546111]
21.1 Superannuation legislation
(a) Superannuation legislation,including the Superannuation Guarantee (Administration) Act 1992 (Cth),the Superannuation Guarantee Charge Act 1992 (Cth),the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth),deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund,any superannuation fund nominated in the award covering the employee applies.
(b) The rights and obligations in these clauses supplement those in superannuation legislation.
An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.
21.3 Voluntary employee contributions
(a) Subject to the governing rules of the relevant superannuation fund,an employee may,in writing,authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 21.2.
(b) An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’written notice to their employer.
(c) The employer must pay the amount authorised under clauses 21.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 21.3(a) or (b) was made.
21.4 Superannuation fund
[21.4 substituted by PR546111 ppc 01Jan14]
Unless,to comply with superannuation legislation,the employer is required to make the superannuation contributions provided for in clause 21.2 to another superannuation fund that is chosen by the employee,the employer must make the superannuation contributions provided for in clause 21.2 and pay the amount authorised under clauses 21.3(a) or (b) to one of the following superannuation funds or its successor:
(a) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008,provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector scheme;or
(b) a superannuation fund or scheme which the employee is a defined benefit member of.
Part 5—Hours of Work and Related Matters
22. Ordinary hours of work and rostering—public sector
23. Ordinary hours of work and rostering—private sector
24. Breaks—public sector employees and private sector shiftworkers
25. Breaks—private sector day workers
22. Ordinary hours of work and rostering—public sector
[Varied by PR994509]
22.1 This clause only applies to public sector employers and their employees.
22.2 Employees working a 10/14 roster
(a) Employees working a 10/14 roster will be rostered and work an average of 42 hours per week,two hours of which will be overtime work and paid for as such and the remaining two hours will be taken as annual/accrued leave in accordance with the roster laid down for this purpose.
(b) The rostered hours of such employees will not exceed:
(i) 14 on any one day;
(ii) 48 in any one week;
(iii) 96 in 14 consecutive days;
(iv) 192 in 28 consecutive days;or
(v) 336 in 56 consecutive days.
(c) Such employees will be entitled to at least 48 hours’notice of a change of rostered shift.
22.3 Employees not working a 10/14 roster
[22.3(b) substituted by PR994509 from 01Jan10]
(b) Subject to clause 22.3(a),a Fire Service Communications Controller will,subject to the requirements in clauses 22.2(b) and (c) and clause 22.4(b),work a 12 hour continuous roster over a cycle of eight weeks with a day shift of 7.00 am to 7.00 pm and a night shift of 7.00 pm to 7.00 am.
(c) Where an employee is required to undertake duties that are outside of the standard hours for the work location the following will apply:
(i) where such activity involves normal activities a minimum break between periods of duty of 10 hours will apply;and
(ii) where such activity involves a major fire or major incident a minimum break between periods of duty of 12 hours will apply.
(d) Employees (other than recruits) not working a 10/14 roster,will receive the same total weekly wage as employees on a 10/14 roster.
First week | Second week | Third week | Fourth week | ||||||||||||||||||||||||||||
F | S | S | M | T | W | T | F | S | S | M | T | W | T | F | S | S | M | T | W | T | F | S | S | M | T | W | T | ||||
A Platoon | D | D | N | N | D | D | N | N | D | D | N | N | |||||||||||||||||||
Hours | 34 | 34 | 38 | 38 | |||||||||||||||||||||||||||
B Platoon | D | D | N | N | D | D | N | N | D | D | N | N | D | D | |||||||||||||||||
Hours | 48 | 48 | 34 | 34 | |||||||||||||||||||||||||||
C Platoon | D | D | N | N | D | D | N | N | D | D | N | N | D | D | N | N | |||||||||||||||
Hours | 48 | 48 | 48 | 48 | |||||||||||||||||||||||||||
D Platoon | N | N | D | D | N | N | D | D | N | N | D | D | N | N | |||||||||||||||||
Hours | 38 | 38 | 48 | 48 | |||||||||||||||||||||||||||
Fifth week | Sixth week | Seventh week | Eighth week | ||||||||||||||||||||||||||||
F | S | S | M | T | W | T | F | S | S | M | T | W | T | F | S | S | M | T | W | T | F | S | S | M | T | W | T | ||||
A Platoon | D | D | N | N | D | D | N | N | D | D | N | N | D | D | N | N | |||||||||||||||
Hours | 48 | 48 | 48 | 48 | |||||||||||||||||||||||||||
B Platoon | N | N | D | D | N | N | D | D | N | N | D | D | N | N | |||||||||||||||||
Hours | 38 | 38 | 48 | 48 | |||||||||||||||||||||||||||
C Platoon | D | D | N | N | D | D | N | N | D | D | N | N | |||||||||||||||||||
Hours | 34 | 34 | 38 | 38 | |||||||||||||||||||||||||||
D Platoon | D | D | N | N | D | D | N | N | D | D | N | N | D | D | |||||||||||||||||
Hours | 48 | 48 | 34 | 34 | |||||||||||||||||||||||||||
(b) The roster may be varied for employees on special duties and to provide that during the first year of service employees may be rostered for up to five consecutive day duties.
(c) The roster,once compiled,will not be departed from,except to meet an emergency,due to sickness or other unexpected or unavoidable cause or by personal agreement between the employer and the employee(s) concerned. A shiftworker required for relieving or other special duties may stand by on a day shift or other day work without loss of any shift penalty provided that,except in an emergency an employee will be entitled to 48 hours’notice of any change from stand-by to rotating shift or from rotating shift to stand-by. The roster may be departed from when an employee is required to attend training in accordance with the provisions of clause 17.10.
(d) In the event of an alarm requiring any station to stand by or turn out for a fire being received at the station during roll call,the oncoming shift will man the appliances and,if required,proceed to the fire and the off going shift will remain on duty if required until the other shift returns,or until otherwise directed,when it will be dismissed.
(e) If,when the oncoming shift reports at a station at the time prescribed for the change of shift and the other shift is proceeding to or attending a fire or alarm,the oncoming shift,if so ordered,will,after roll call,proceed to the fire and the officer or senior member of the shift will report the arrival of the shift to the officer-in-charge of the fire without delay. The off going shift will remain on duty at the fire until relieved. The officer-in-charge at the fire may if in their judgment it is expedient,hold both the oncoming and off going shifts for duty at the fire. If the off going shift is not held at the fire or detailed at the fire for duty elsewhere,it will report back to the station and remain available until the other shift returns or until otherwise directed,when it will be dismissed.
(f) In the event of one or more members of the oncoming shift being absent,an equal number of members in the shift on duty may be detained on duty until such time as they are relieved. Nothing herein contained is to be deemed to sanction an authorised absence,or to relieve the absent member,from a liability to be charged with being absent without leave and dealt with accordingly.
(g) Subject to the provisions of this clause,every employee will be dismissed punctually from their rostered shift.
22.5 Time for shower and change
Employees engaged on any duty which requires a shower and change of clothes,will be allowed 15 minutes for such purpose.
22.6 Rest and recline
(a) Employees on night shift,other than Fire Service Communications Controllers,will be permitted between the hours of 11.00 pm and 7.00 am to recline and sleep only when there is no work to be performed by them.
(b) Fire Service Communication Controllers on night duty will be permitted to recline and sleep on a recliner chair when there is no work to be done.
22.7 Special duties roster
(a) A special duties roster may be introduced into any permanently manned fire station to increase the day manning capability.
(b) The hours of duty will be 42 hours per week over a seven day cycle.
(c) The roster of hours will be between 7.45 am to 6.15 pm comprising four day shifts worked either Monday to Thursday or Tuesday to Friday or such other configuration agreed between the employer and a majority of affected employees.
(d) Arrangements may be made for employees to vary from one day shift to another,or from day work to shiftwork.
(e) Employees operating under this roster will receive the same total weekly wage and annual leave provisions as Firefighters on a 10/14 shift roster.
(a) Employees may be required to work an emergency roster to cover protracted major fires or incidents.
(b) The following general conditions will apply:
(i) the hours of duty will be 12 hours on and 12 hours off;
(ii) all travelling time is time on duty;
(iii) when an employee is placed on the emergency roster while on duty at their respective place of work,then the hours already worked for that shift will be cumulative with hours worked on the duty roster;
(iv) any hours calculated to be in excess of the normal weekly average will be paid at overtime rates;
(v) when an employee is normally rostered for duty at their respective place of work on the day following stand down from the emergency roster,then they will not be required to work that shift unless they have been off duty for a minimum of 12 hours before the starting time of that shift;and
(vi) employees will be reimbursed for the cost of meals and accommodation. This provision will not apply if meals and accommodation are provided by the employer.
23. Ordinary hours of work and rostering—private sector
23.1 This clause only applies to private sector employers and their employees.
23.2 Ordinary hours of work
The ordinary working hours for full-time employees will be an average of 38 per week,over a cycle of up to eight weeks.
23.3 Day work
Employees,other than shiftworkers,may be required to work up to 10 ordinary hours per day,between the hours of 7.00 am and 6.00 pm,Monday to Sunday. If the employer and a majority of affected employees agree,up to 12 ordinary hours per day may be worked.
23.4 Shiftwork
(a) An employee may be required to work shiftwork in accordance with this clause.
Shiftworkers may be required to work a shift of up to 10 consecutive ordinary hours (including meal breaks) and,provided that the employer and a majority of affected employees agree,a shift of up to 12 hours may be worked. An employee performing shiftwork will be paid a shift penalty of 30% for each ordinary hour.
(c) 10/14 roster
(i) Despite clause 23.4(b),shiftworkers may be required to work a 10/14 roster in accordance with the roster set out in clause 22.4(a).
(ii) Employees working a 10/14 roster will work an average of 42 hours per week,two hours of which will be overtime work and paid for as such and the remaining two hours will be taken as annual/accrued leave in accordance with the roster laid down for this purpose.
(iii) The rostered hours of such employees will not exceed:
●14 on any one day;
●48 in any one week;
●96 in 14 consecutive days;
●192 in 28 consecutive days;or
●336 in 56 consecutive days.
The employer may vary a roster on seven days’notice.
23.5 Time for shower and change
(a) Employees may be required to work an emergency roster to cover protracted major fires or incidents.
(b) The following general conditions will apply:
(i) the hours of duty will be 12 hours on and 12 hours off;
(ii) all travelling time to be deemed as on duty;
(iii) when an employee is placed on the emergency roster while on duty at their respective place of work,then the hours already worked for that shift will be cumulative with hours worked on the duty roster;
(iv) any hours calculated to be in excess of the normal weekly average will be paid at overtime rates;
(v) when an employee is normally rostered for duty at their respective place of work on the day following stand down from the emergency roster,then they will not be required to work that shift unless they have been off duty for a minimum of 12 hours before the starting time of that shift;and
(vi) employees will be reimbursed for the cost of meals and accommodation. This provision will not apply if meals and accommodation are provided by the employer.
24. Breaks—public sector employees and private sector shiftworkers
24.1 This clause applies to public sector employers and their employees and to private sector employers in respect of employees who are shiftworkers.
24.2 Employees will be allowed a one hour paid meal break during each shift and will remain on duty.
24.3 Subject to operational requirements,meal breaks will be taken at regular times and will be commenced within five hours of commencing duty.
24.4 An employee working overtime will be allowed a paid rest period of 20 minutes after each four hours worked,if the employee continues to work after the rest break.
24.5 Employees performing fire duty continuously for a period of three hours or more are entitled to a paid 30 minute crib break.
25. Breaks—private sector day workers
[Varied by PR993429]
25.1 This clause applies to private sector employers and their employees who are day workers.
25.2 An employee working overtime will be allowed a paid rest period of 20 minutes after each four hours worked,if the employee continues to work after the rest break.
25.3 Employees performing fire duty continuously for a period of three hours or more are entitled to a paid 30 minute crib break.
[25.4 varied by PR993429 ppc 9Feb10]
25.4 Employees will be provided with an unpaid meal break of a minimum of half an hour to be taken between 12.00 noon and 2.00 pm. If an employee is directed to remain at the normal place of employment such meal break will be paid.
25.5 Employees will be allowed a paid morning and afternoon tea break of 10 minutes each.
(a) A shiftworker working a 10/14 roster or a Fire Service Communications Controller required to work in excess of a rostered shift or for more than four shifts in any one week will be paid for such additional time as overtime.
(b) Subject to clause 26.1(a),all time worked in excess of the daily or weekly ordinary hours of work is overtime and will be paid for at the rate of double time.
(c) The rate used for the purpose of calculating overtime payments is 130% of the minimum weekly wage:38 hours for the employee in clause 15—Minimum wages—public sector.
(d) Overtime will be calculated to the nearest quarter of an hour.
(e) To remove doubt,no additional payment is made to an employee in respect of the average of two hours a week of overtime incorporated in minimum weekly rate payable to the employee.
26.2 Overtime—private sector
(a) Shiftworkers
(i) A shiftworker working a 10/14 roster required to work in excess of a rostered shift or for more than four shifts in any one week will be paid for such additional time at a rate of double time based on 130% of the minimum weekly wage in clause 16—Minimum wages—private sector.
(ii) A shiftworker,other than a shiftworker working a 10/14 roster,required to work overtime will be paid for such additional time at a rate of double time based on 130% of the minimum weekly wage in clause 16—Minimum wages—private sector.
(b) Day workers
All time worked in excess of the daily or weekly ordinary hours of work is overtime and will be paid for at the rate of double time save that any overtime worked on a public holiday will be paid at the rate of double time and half.
(c) An employee may elect to be given time off instead of payment for overtime. Time off instead of payment for overtime is calculated on the basis of one hour off for each hour of overtime worked.
(d) Overtime will be calculated to the nearest quarter of an hour.
(a) An employee off duty,who is recalled to duty,will be paid a minimum of four hours at the applicable overtime rate in clause 27.1 or clause 27.2 as the case may be,provided that if the work to be done is completed within four hours,the employee need not stay for the full four hours.
(b) An employee recalled to duty will be paid travelling time,at ordinary rates,except on Sundays and public holidays when time and a half rates apply. In addition,a payment per kilometre will be made in respect of the distance travelled from home to work and return at the rate for vehicles specified in clause 17.4.
(a) An employee on shiftwork who is retained on duty,at the conclusion of a rostered shift for 60 minutes or more,excluding shower and change time,and who has not been given at least 24 hours’prior notice will be paid a minimum of four hours at double time,provided that if the work to be done is completed within four hours,the employee need not stay for the full four hours.
(b) An employee retained on duty after a night shift,will be entitled to eight consecutive hours off duty,without loss of pay for ordinary working time.
27.1 Employees who are employed as shiftworkers will receive a shift loading of 30% in addition to their classification rate of pay. For public sector employees,including those who work a 10/14 roster,this loading is built into their minimum weekly wage specified in clause 15—Minimum wages—public sector.
27.2 Clause 27.2 applies to day workers only.
(a) An employee required to perform ordinary hours of work on a Saturday other than a public holiday will be paid an allowance at the rate of 50% of their hourly rate for each hour worked.
(b) An employee required to perform ordinary hours of work on a Sunday other than a public holiday will be paid an allowance at the rate of 100% of their hourly rate for each hour worked.
(c) An employee required to perform ordinary hours of work on a public holiday will be paid an allowance at the rate of 150% of their hourly rate for each hour worked.
(d) Not later than two weeks after a public holiday an employee may elect to be paid at the rate of 50% of their hourly rate for each hour of rostered ordinary work performed on that day and granted one day’s leave instead of the public holiday.
(e) An employee whose rostered day off falls on a public holiday will be granted one day’s leave instead of the public holiday.
(f) An employee who is rostered to perform ordinary hours of work on a public holiday,but is granted leave in respect of that day,will be granted one day’s leave instead of such public holiday,except where the public holiday occurs during a period of leave without pay.
Part 6—Leave and Public Holidays
29. Personal/carer’s leave and compassionate leave
28.1 Annual leave is provided for in the NES. This clause supplements the NES provisions.
28.2 Shiftworkers for the purposes of the NES
(a) For the purpose of s.87(1)(b) of the Act,a shiftworker is an employee:
(i) who works a roster and who,over the roster cycle,may be rostered to work ordinary shifts on any of the seven days of the week;and
(ii) who is regularly rostered to work on Sundays and public holidays.
(b) Where an employee with 12 months’continuous service is engaged for part of the 12 monthly period as a shiftworker,that employee must have their annual leave increased by half a day for each month the employee is continuously engaged as a shiftworker.
(a) Notwithstanding clause 28.2,an employee working the 10/14 roster and other employees of public sector employers will be entitled to 65.06 days annual leave per annum inclusive of the NES. Such leave is to be taken on the following basis:
(i) for employees subject to the 10/14 roster,such leave will be taken in periods of 28 calendar days within alternating periods of 20 weeks and 24 weeks;and
(ii) for other employees not subject to the 10/14 roster,such leave will be taken within periods as reasonably prescribed by the employer. These employees will be required to take any public holiday on the date reasonably prescribed.
(b) Where an employee leaves their employment before the completion of the full 12 month qualifying period for annual leave in any year of service,they will be entitled to pro rata payment instead of the annual leave provided in this clause for such broken periods of service calculated on the basis of 21.67% of the ordinary wage payment received by the employee during such period.
29. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
Community service leave is provided for in the NES.
31.1 The entitlement to parental leave is set out in the NES.
31.2 The NES is supplemented by maintaining an entitlement to payment,in relation to maternity leave,adoption leave or paternity leave for employees in the classifications under this award who were entitled to payment for maternity leave,adoption leave or paternity leave in accordance with the terms of an award made under the Workplace Relations Act 1996 (Cth);
(a) that applied to the employee or would have applied to the employee immediately prior to 1 January 2010,if the employee had at that time been in their current circumstances of employment and no agreement made under the Workplace Relations Act 1996 (Cth) applied to the employee;and
(b) that would have entitled the employee to paid maternity leave,adoption leave or paternity leave.
32.1 Public holidays are provided for in the NES. This clause provides industry specific detail.
32.2 For employees working the 10/14 roster and for other employees of a public sector employer public holidays,including the NES entitlement,are accounted for in the aggregate annual leave provided for in clause 28.3 and the employee has no separate entitlement to public holidays whether pursuant to the NES or under this award.
32.3 Substitution of public holidays
An employee,other than an employee working a 10/14 roster,by agreement with the employer,may substitute another day for any public holiday.
Schedule A—Transitional Provisions
[Varied by PR503677]
A.1 General
A.1.1 The provisions of this schedule deal with minimum obligations only.
A.1.2 The provisions of this schedule are to be applied:
(a) when there is a difference,in money or percentage terms,between a provision in a relevant transitional minimum wage instrument (including the transitional default casual loading) or award-based transitional instrument on the one hand and an equivalent provision in this award on the other;
(b) when a loading or penalty in a relevant transitional minimum wage instrument or award-based transitional instrument has no equivalent provision in this award;
(c) when a loading or penalty in this award has no equivalent provision in a relevant transitional minimum wage instrument or award-based transitional instrument;or
(d) when there is a loading or penalty in this award but there is no relevant transitional minimum wage instrument or award-based transitional instrument.
A.2 Minimum wages –existing minimum wage lower
A.2.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:
(a) was obliged,
(b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or
(c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged
by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage lower than that in this award for any classification of employee.
A.2.2 In this clause minimum wage includes:
(a) a minimum wage for a junior employee,an employee to whom training arrangements apply and an employee with a disability;
(b) a piecework rate;and
(c) any applicable industry allowance.
A.2.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.
A.2.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.2.3 is referred to as the transitional amount.
A.2.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award minus the specified proportion of the transitional amount:
First full pay period on or after | |
1 July 2010 | 80% |
1 July 2011 | 60% |
1 July 2012 | 40% |
1 July 2013 | 20% |
A.2.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review.
A.2.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.
A.3 Minimum wages –existing minimum wage higher
A.3.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:
(a) was obliged,
(b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or
(c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged
by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage higher than that in this award for any classification of employee.
A.3.2 In this clause minimum wage includes:
(a) a minimum wage for a junior employee,an employee to whom training arrangements apply and an employee with a disability;
(b) a piecework rate;and
(c) any applicable industry allowance.
A.3.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.
A.3.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.3.3 is referred to as the transitional amount.
A.3.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award plus the specified proportion of the transitional amount:
First full pay period on or after | |
1 July 2010 | 80% |
1 July 2011 | 60% |
1 July 2012 | 40% |
1 July 2013 | 20% |
A.3.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review. If the transitional amount is equal to or less than any increase in minimum wages resulting from the 2010 annual wage review the transitional amount is to be set off against the increase and the other provisions of this clause will not apply.
A.3.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.
A.4 Loadings and penalty rates
For the purposes of this schedule loading or penalty means a:
●casual or part-time loading;
●Saturday,Sunday,public holiday,evening or other penalty;
●shift allowance/penalty.
A.5 Loadings and penalty rates –existing loading or penalty rate lower
A.5.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:
(a) was obliged,
(b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or
(c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged
by the terms of a transitional minimum wage instrument or an award-based transitional instrument to pay a particular loading or penalty at a lower rate than the equivalent loading or penalty in this award for any classification of employee.
A.5.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant transitional minimum wage instrument or award-based transitional instrument for the classification concerned.
A.5.3 The difference between the loading or penalty in this award and the rate in clause A.5.2 is referred to as the transitional percentage.
A.5.4 From the following dates the employer must pay no less than the loading or penalty in this award minus the specified proportion of the transitional percentage:
First full pay period on or after | |
1 July 2010 | 80% |
1 July 2011 | 60% |
1 July 2012 | 40% |
1 July 2013 | 20% |
A.5.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.
A.6 Loadings and penalty rates –existing loading or penalty rate higher
A.6.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:
(a) was obliged,
(b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or
(c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged
by the terms of a transitional minimum wage instrument or an award-based transitional instrument to pay a particular loading or penalty at a higher rate than the equivalent loading or penalty in this award,or to pay a particular loading or penalty and there is no equivalent loading or penalty in this award,for any classification of employee.
A.6.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant transitional minimum wage instrument or award-based transitional instrument.
A.6.3 The difference between the loading or penalty in this award and the rate in clause A.6.2 is referred to as the transitional percentage. Where there is no equivalent loading or penalty in this award,the transitional percentage is the rate in A.6.2.
A.6.4 From the following dates the employer must pay no less than the loading or penalty in this award plus the specified proportion of the transitional percentage:
First full pay period on or after | |
1 July 2010 | 80% |
1 July 2011 | 60% |
1 July 2012 | 40% |
1 July 2013 | 20% |
A.6.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.
A.7 Loadings and penalty rates –no existing loading or penalty rate
A.7.1 The following transitional arrangements apply to an employer not covered by clause A.5 or A.6 in relation to a particular loading or penalty in this award.
A.7.2 Prior to the first full pay period on or after 1 July 2010 the employer need not pay the loading or penalty in this award.
A.7.3 From the following dates the employer must pay no less than the following percentage of the loading or penalty in this award:
First full pay period on or after | |
1 July 2010 | 20% |
1 July 2011 | 40% |
1 July 2012 | 60% |
1 July 2013 | 80% |
A.7.4 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.
A.8 Former Division 2B employers
[A.8 inserted by PR503677 ppc 01Jan11]
A.8.1 This clause applies to an employer which,immediately prior to 1 January 2011,was covered by a Division 2B State award.
A.8.2 All of the terms of a Division 2B State award applying to a Division 2B employer are continued in effect until the end of the full pay period commencing before 1 February 2011.
A.8.3 Subject to this clause,from the first full pay period commencing on or after 1 February 2011 a Division 2B employer must pay no less than the minimum wages,loadings and penalty rates which it would be required to pay under this Schedule if it had been a national system employer immediately prior to 1 January 2010.
A.8.4 Despite clause A.8.3,where a minimum wage,loading or penalty rate in a Division 2B State award immediately prior to 1 February 2011 was lower than the corresponding minimum wage,loading or penalty rate in this award,nothing in this Schedule requires a Division 2B employer to pay more than the minimum wage,loading or penalty rate in this award.
A.8.5 Despite clause A.8.3,where a minimum wage,loading or penalty rate in a Division 2B State award immediately prior to 1 February 2011 was higher than the corresponding minimum wage,loading or penalty rate in this award,nothing in this Schedule requires a Division 2B employer to pay less than the minimum wage,loading or penalty rate in this award.
A.8.6 In relation to a Division 2B employer this Schedule commences to operate from the beginning of the first full pay period on or after 1 January 2011 and ceases to operate from the beginning of the first full pay period on or after 1 July 2014.
[Varied by PR993429,PR994509]
B.1.1 Recruit means a probationary employee,who is undertaking the fire fighting recruit training course.
B.1.2 Firefighter Level 1 means an employee who has successfully completed the recruit training course.
B.1.3 Firefighter Level 2 means an employee who has completed 12 months’service and has successfully completed all Firefighter Level 1 modules.
B.1.4 Firefighter Level 3 means an employee who has completed 24 months’service and has successfully completed all Firefighter Level 2 modules.
B.1.5 Qualified Firefighter means an employee who has completed a minimum of 36 months’service and possesses the Certificate of Proficiency.
[B.1.6 inserted by PR993429 ppc 9Feb10;varied by PR994509 from 01Jan10]
B.1.6 Leading Firefighter means an employee who has a minimum of 48 months’service and has been appointed by the employer to Leading Firefighter.
B.1.7 Station Officer means an employee who has completed a minimum of five years service,with at least one year as Qualified Firefighter,and who is appointed as a Station Officer.
[B.1.7 renumbered as B.1.8 by PR993429 ppc 9Feb10]
B.1.8 Senior Station Officer means an employee who has completed a minimum of two years’service as a Station Officer and has completed the Advanced Certificate and who is appointed as a Senior Station Officer.
[B.1.8 renumbered as B.1.9 by PR993429 ppc 9Feb10]
B.1.9 Fire Service Communications Controller means an employee engaged by a public sector fire service employer as such to ensure that the employer’s workplace is provided with a high standard of communications to allow the service to operate in the most efficient and effective manner,in accordance with relevant standard operating procedures.
Schedule C—2013 Part-day public holidays
[Sched C inserted by PR532630 ppc 23Nov12;renamed and varied by PR544519 ppc 21Nov13]
This schedule operates where this award otherwise contains provisions dealing with public holidays that supplement the NES.
C.1 Where a part-day public holiday is declared or prescribed between 7.00 pm and midnight on Christmas Eve (24 December 2013) or New Year’s Eve (31 December 2013) the following will apply on Christmas Eve and New Year’s Eve and will override any provision in this award relating to public holidays to the extent of the inconsistency:
(a) All employees will have the right to refuse to work on the part-day public holiday if the request to work is not reasonable or the refusal is reasonable as provided for in the NES.
(b) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00 pm and midnight but as a result of exercising their right under the NES does not work,they will be paid their ordinary rate of pay for such hours not worked.
(c) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00 pm and midnight but as a result of being on annual leave does not work,they will be taken not to be on annual leave between those hours of 7.00 pm and midnight that they would have usually been rostered to work and will be paid their ordinary rate of pay for such hours.
(d) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00 pm and midnight,but as a result of having a rostered day off (RDO) provided under this award,does not work,the employee will be taken to be on a public holiday for such hours and paid their ordinary rate of pay for those hours.
(e) Excluding annualised salaried employees to whom clause C.1(f) applies,where an employee works any hours between 7.00 pm and midnight they will be entitled to the appropriate public holiday penalty rate (if any) in this award for those hours worked.
(f) Where an employee is paid an annualised salary under the provisions of this award and is entitled under this award to time off in lieu or additional annual leave for work on a public holiday,they will be entitled to time off in lieu or pro-rata annual leave equivalent to the time worked between 7.00 pm and midnight.
(g) An employee not rostered to work between 7.00 pm and midnight,other than an employee who has exercised their right in accordance with clause C.1(a),will not be entitled to another day off,another day’s pay or another day of annual leave as a result of the part-day public holiday.
This schedule is not intended to detract from or supplement the NES.
This schedule is an interim provision and subject to further review.
** end of text **