Rural Fire Service Operational and Stand Down dispute
16 December 2016
Rural Fire Service Operational and Stand Down dispute – December 2016 (PDF version)
Background
The RFS filed a dispute in the NSW Industrial Relations Commission (IRC) after a 色狼社区member refused to be stood down on a Friday and work Saturday in operational readiness without being appropriately remunerated. The matter was heard by Commissioner Newall on Wednesday 14 December 2016.
The RFS sought assistance from the IRC after the RFS and the 色狼社区were unable to agree that members stood down in operation readiness were not being appropriately paid for working on a weekend.
The RFS position was that it can direct members to change from the 鈥淪tandard office hours鈥 clause 7.2 of the Crown Employees (Rural Fire Services Award) to 鈥淲orked anytime from Monday to Sunday鈥 clause 7.1 without any additional remuneration.
The 色狼社区did not agree with this position and indicated that working on a weekend attracted an additional payment.
Hearing proceedings
Commissioner Newall requested the parties participate in private conference enabling discussion from each 聽separately with the Commissioner. The Commissioner was advised of longstanding interpretation issues with the whole RFS award and that the 色狼社区and RFS are currently in negotiation of a new award.
Private conference details are unable to be disclosed under direction of Commissioner Newall but after the conference the following directions and recommendations were made:
- 色狼社区members must obey any reasonable direction to stand down in operational readiness and any refusal would be a breach of the award and could subject the member to disciplinary action
- RFS has to report to the RFS Commissioner and propose an interim position put by the 色狼社区of remuneration for working on a weekend. The 色狼社区put forward a 50% shift penalty on a Saturday and a 100% shift penalty on a Sunday. It was requested this be put in place whilst award negotiations continued.
- The 色狼社区are to determine the RFS award clauses that are currently being disputed and propose new clauses for the RFS to consider.
Where to from here
The 色狼社区advises members to obey any reasonable direction to stand down in operational readiness whilst the dispute continues.
RFS need to report back to the 色狼社区after briefing the RFS Commissioner on the PSA鈥檚 interim proposal.
The 色狼社区will gather a number of award clauses and table at the 色狼社区Award Negotiation Bargaining Committee for consideration before sending to the RFS for consideration.
- The 色狼社区advises all members to record ALL work hours in accordance with clause 8.2 of the RFS award and will be asking members to provide these details at a future date. This information is extremely important and will assist in negotiations of the new award.
A further bulletin will be sent after RFS have reported to the 色狼社区and award clauses have been selected.
If you have any issues or concerns please contact your Departmental Committee member.
Departmental committee members
Graham Brown – Chair
Ivan Perkins – Secretary
James Killen – DC Delegate
Boh Fitzgerald – DC Delegate
Adrian May – DC Delegate
Ashley Frank – DC Delegate
Chris Wallbridge – DC Delegate
Doug Willcoxson – DC Delegate
Mathew Apps – DC Delegate