Update on É«ÀÇÉçÇøv NSW (RFS) – Overtime Backpay Survey
22 May 2024
We write to provide you with the latest update on the ongoing dispute between the Public Service Association (PSA) and the New South Wales Rural Fire Service (RFS).
As mentioned in previous bulletins, in December 2023, the É«ÀÇÉçÇøcommenced proceedings against the State in the NSW Supreme Court in respect of the RFS’s failure to comply with its award obligations. Broadly, the proceedings deal with two issues:
- The RFS’s failure to pay overtime to employees performing work before 7:30am and after 6pm on weekdays or any time on weekends or public holidays.
- The RFS’s failure to allow employees to choose between paid overtime and leave in lieu of payment (which accrues at the same rate as overtime pay).
The É«ÀÇÉçÇøand the RFS are currently attempting to settle the proceedings. A key issue in these negotiations backpay of unpaid overtime for all employees. To inform the PSA’s position on what constitutes a reasonable amount of backpay, the É«ÀÇÉçÇøwants to get a clearer understanding of the amount of weekend, public holiday and afterhours work performed across the RFS. The É«ÀÇÉçÇøhas prepared the attached survey for this purpose.
The É«ÀÇÉçÇøneeds to have a clear data set in order to effectively pursue backpay for all employees, so please complete this survey and encourage your colleagues (if they are members) to do the same.
In the event that an in-principle settlement is reached with the RFS, the É«ÀÇÉçÇøintends to put that settlement to a vote of membership for endorsement. Only members of the É«ÀÇÉçÇøwill have a say – the RFS, as the employer, cannot represent employees. Encourage your colleagues to join today.
We will continue to keep you updated on any further developments as they arise.
Thank you for your patience and ongoing support throughout this process.