PROPOSED Enterprise Agreement EXPLANATORY NOTES€¦ · Grammar rules for capitalisation have been adopted in line with proofreading for Govt workbook. b. Consistent terminology:

Office of the Commissioner of Public Employment Page 1 of 9

PROPOSED

Northern Territory Public Sector Fire and Rescue Service 2017 - 2021

Enterprise Agreement

EXPLANATORY NOTES THIS DOCUMENT REFLECTS THE CHANGES IN THE PROPOSED

AGREEMENT COMPARED WITH THE CURRENT AGREEMENT

Please note:

i. Reference to the ‘current Agreement’ means the Northern Territory Public Sector Fire and Rescue

Service 2013 – 2017 Enterprise Agreement (ID AE423045) and reference to the ‘new Agreement’ means

the proposed Northern Territory Public Sector Fire and Rescue Service 2017 – 2021 Enterprise

Agreement.

ii. Technical changes have been made throughout the new Agreement that are not included in the

explanatory notes, including;

a. Grammar rules for capitalisation have been adopted in line with proofreading for Govt

workbook.

b. Consistent terminology: ‘shiftworker’ and ‘shiftwork’ are the preferred forms (NOT ‘shift

worker’ or ‘shift work’) – this change is consistent with NTPS 2016 Enterprise Award – which

itself was drafted following FWC guidelines for drafting modern awards and use of certain

terms.

c. Punctuation and capital letters in lists corrected throughout EA.

d. Changes to number format: In current EA the numbers one to nine are written out and

sometimes followed by the number in brackets e.g. three (3). Numbers 10 and over are written

as figure (there are some exceptions). In the retyping project it was found that across EAs and

even within EAs this was inconsistent. Thus – the following rules were applied in 2017 EAs:

numbers under 10 written out and no figure in brackets. If the number is a fraction in a formula

it is written e.g. 2½ days, but if in the text of a paragraph it is ‘two and half days’.

e. Numeral formatting - Numbers with four digits – no comma or space.

f. Gender neutral language. E.g. ‘his/her’ etc replaced with ‘the employee’ or ‘their’ etc.

g. Attachments are to be re-named as Schedules throughout.

h. Note about clause numbering in Attachments: References to “sub-clause”, “paragraph”, etc

replaced with “clause”, consistent with FWC guide. In order to capture the Attachments in the

TOC and apply automatic numbering/updating it was necessary to develop multi-level

numbering specifically for Attachments in the re-typed EA.

Information on the proposed Agreement

If you would like further information on the new Agreement, please contact the Employee Relations

unit in the Office of the Commissioner for Public Employment on telephone 8999 4282 or Dale Blewitt

within NT Police Fire and Emergency Services on 8985 8970.

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Northern Territory Public Sector Fire and Rescue Service 2017 - 2021 Enterprise Agreement

PART 1 APPLICATION AND OPERATION OF AGREEMENT

Title

The title has changed to reflect the Northern Territory Public Sector Fire and Rescue Service 2017 - 2021 Enterprise Agreement.

National Employment Standards

This is a new clause stating the National Employment Standards (NES) prevails across the new Agreement. The NES sets the minimum entitlements under the Fair Work Act.

This clause was previously the Table of Contents (titled “Arrangements”). The Table of Contents has been moved to the front of the new Agreement.

Parties covered by this Agreement

Title updated from ‘Application’ and incorporates previous clause 3.

Definitions

The definition of:

“Agreement” has been deleted as it is unnecessary

“By-law” has been updated for correctness

“CEO” has been updated for correctness

“Chief Fire Officer” has been deleted as there is no reference in the instrument to the CFO

“day” has been updated to reflect that if applies to Day Command workers and defines the hours to be worked

“Track Station day” shift is a new inclusion and defines the hours to be worked

“day shift” has been updated to clarify that it applies to the 10/14 roster

“employee” has been updated for grammar

“FWC” has been updated for grammar

“night shift” has been updated to clarify that it applies to the 10/14 roster

“NTA” has been deleted as it is unnecessary

“ordinary hourly rate” has been deleted as the expression is not used in the Agreement.

“parties” has been updated for correctness

“WRCF” has been updated to reflect the correct name of Joint Consultative Committee (JCC).

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Period of Operation

Updated to reflect nominal expiry of new Agreement to be 7 November 2021 and deletion of unnecessary words regarding “comprehensive agreement” as this is covered by s58 of FW Act.

Variation of Public Sector Employment and Management Act

This clause has been amended removed references to PSEM by-laws and Determinations and updated to clarify that the PSEM Act is the primary legislation and that the Agreement is read in conjunction with the PSEM Act and will prevail to the extent of inconsistency. For the avoidance of doubt, the PSEM Act is not incorporated into the Agreement.

Variation

The title and clause has been updated for correctness and simplification.

No Extra Claims

Clause updated for alignment with common NTPS provisions.

Agreement Aims And Objectives

Clause updated to in line with the terms of reference of the JCC.

Appropriate Workplace Behaviour

A new clause that combines both previous clauses 11 (Anti-Discrimination) and 59 (Preventing Harassment and Bullying in the Workplace) and incorporates both the inappropriate behaviour anti bullying provisions.

Dispute Settling Procedures

The clause has been updated to reflect the correct references.

PART 2 SALARIES, ALLOWANCES, AND RANK STRUCTURES

Salary

Clause name updated for consistency with structure of the Agreement. This clause has been updated to reflect 2.5% salary increases per annum and an additional 0.5% in the final year in recognition of the efficiencies within the Agreement.

Clause updated to reflect the salaries are contained in Schedule 3.

Previous clause 13.6 providing for the additional two hours per week worked on the 10/14 roster to be accumulated towards programmed days off, has been moved to clause 31 – Hours of Duty – Shiftworkers.

Higher Duties Allowance (HDA)

There are no substantive changes to this clause.

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Meal Allowances

The structure of clause amended so that rates are set out in Schedule 3, rather than by reference to NTPS general agreement.

Refreshments for Continuous Fire Duty

Clause name amended to reflect the provisions provide for a reimbursement, not an allowance. There are no changes to the provisions, however the references to eating facilities have been moved to a new clause 60 Facilities.

Outstation Relief Allowance

This clause has been updated to include reference to Berrimah Station.

Unforeseen Short Period Transfer and Travel Allowances

There are no substantive changes to this clause.

First Aid Allowance

Minor updates to this clause to clarify that the allowances rates are provided for in Schedule 3.

Instructors Allowance

Clause amended to reflect the allowance rates to be set out in Schedule 3.

Urban Search and Rescue (USAR) Technician Category 2 Qualification

Allowance

Clause is now a standalone clause.

Major Aerial Appliance (Bronto) Operators Allowance


Breathing Apparatus Maintenance Allowance


Fire Investigators Allowance

Clause is now a standalone clause and has been updated to reflect that the allowance is payable on periods of paid leave with effect from 24 January 2017.

Industrial Paramedic Instructors Allowance


Protective Clothing and Uniform Allowance

A change in title for consistency.

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Travelling On Duty Allowance

There are no changes to this clause.

Electricity Subsidy for Employees in Remote Localities

This clause was previously Attachment B to the Agreement. Minor changes have been made to text. The clause is consistent with NTPS General.

Allowances for Removal Expenses on Death or Retirement has been moved to clause 72 Preserved Entitlements.

Salary Sacrifice

Minor updates to reflect changes in Australian Taxation Office (ATO) legislation and that employees will be responsible for any tax or interest that may be imposed by the ATO for exceeding the Commonwealth concessional contribution cap.

An additional minor change to allow employees with less than 12 months service to access salary packaging provisions without needing CEO approval.

Relinquishment of Rank

Minor updates to this clause and title and re-arrangement of some provisions to the front of the clause for clarity.

PART 3 HOURS OF DUTY, ROSTERS, AND MEAL BREAKS

Hours of Duty – Day Workers

Significant amendments to this clause providing for a 42 hour week for Day Command and Track Station workers. The additional four hours above 38 is compensated through two hours at overtime rates and two hours accumulated as programmed days off (PDOs), up to a maximum of 90 hours per annum.

The clause provides for the accumulation of PDOs, the deduction of one half hour of PDOs where leave without pay is taken (day – 8.4 hours) and that PDOs are to be acquitted annually prior to taking recreation and long service leave.

The reference to ‘composite’ salary means the salary which the composite salary which is in recognition of: ‘on call’ allowance; 34% shift loading; and additional 2 hours compulsory overtime.

The clause also provides for a paid lunch break for Track Station workers and an unpaid lunch break for Day Command workers.

The clause also provides that Day Command and Track Station workers are not required to work public holidays, but may be directed to report for duty in emergency situations. Where an employee is recalled to duty on a public holiday the clause clarifies normal salary being applicable during normal working hours and overtime payment being applicable outside the span of, or in addition to, normal working hours.

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Hours of Duty – Shiftworkers

The clause provides for the accumulation of PDOs, the deduction of one half hour of PDOs where leave without pay is taken (shift – 10 or 14 hours) and that PDOs are to be acquitted annually prior to taking recreation and long service leave.

The reference to ‘composite’ salary means the salary which the composite salary which is in recognition of: ‘on call’ allowance; 34% shift loading; and additional 2 hours compulsory overtime.

Shift Duty – Rosters

This clause has been updated to provide for ‘emergency travel recall’ time as follows;

(a) 30 minutes for Darwin and its surrounds (excluding Track Stations, Katherine and Alice Springs); and

(b) 15 minutes for all other areas (including Track Stations, Katherine and Alice Springs).

Resting On Duty


Leave Roster


Rosters - Training and PSEM Act Appeals

This is a new clause with the provisions taken directly from the overtime clause and not changed. The clause provides for the rostering employees for training and when required to attend as part of an Appeals Board.

Paid Meetings

No changes to this clause but has been moved to Part 3 for relevance.

Interstate Air Travel

No changes to this clause but has been moved to Part 3 for relevance.

Overtime – General Provisions

This clause has been relocated from Part 2 Salaries, Allowances and Rank Structures to Part 3 for relevance.

There have been minor updates to this clause and an improvement clarifying that the rate of overtime payment does not reduce where a shift commences on a Sunday or public holiday and spans into the next day.

An additional set of words inserted based an order in 2009 in clause 38.10 regarding an employee working beyond a meal break.

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Rest Relief After Overtime


Emergency Duty


PART 4 LEAVE

Recreation Leave

Removal of reference to Award.

Minor updates to layout and readability.

Deletion of irrelevant reference to public holidays.

Improvements to definitions of day worker for the purposes of this clause only.

Deletion of reference to ‘continuous’ in relation to service, as there is no reference to ‘continuous’ within the clause.

An increase in the number of recorded annual credit hours for day workers from 240 to 252, in recognition of the 42 hour week. Inclusion of day worker leave being accrued and deducted at the rate of 42 hours (ie 8.4 hours per shift).

A new inclusion to this clause providing for the ability to cash out an amount of recreation leave provided the employee’s remaining accrued leave entitlement to paid recreation leave is not less than six weeks (252 hours).

Personal Leave

Minor updates to this clause for readability and inclusion of reference to compassionate

leave ‘immediate family’ definitions.

Updates to outdated definitions for consistency with NES definitions.

An increase in the number of recorded annual credit hours for day workers from 120 to

126 in recognition of the 42 hour week. Leave to be accrued and deducted at the rate of

42 hours (ie 8.4 hours per shift).

Documentation requirements regarding carer’s leave updated as per the NTPS General

agreement. Common clause across the NTPS.

Deletion of medical examination clause, requiring 13 weeks absence through illness.

Other general simplifications of the clause to better reflect the PSEMA and Employment

Instructions.

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Domestic and Family Violence

This is a new clause to provide employees an entitlement to leave and other support for

employees experiencing Domestic and Family Violence. This is an enhancement of the

current provisions.

Cultural and Ceremonial Leave

This is a new clause to provide employees an entitlement to up to five days unpaid cultural leave for cultural or ceremonial obligations.

Parental Leave

Clause updated and has been broadened with the application of parental leave provisions to include surrogacy situations and to expand paid leave available to partners.

A number of definitions have been updated and improved for clarity or for consistency with NES definitions.

In relation to partner leave, an employee with at least 12 months continuous service will be able to access a portion of paid partner leave where the employee’s spouse (a non-NTPS employee) ceases to be the child’s primary care giver (e.g. returns to work), at some stage between the child’s date of birth and the 14th or 18th week after the child is born (or day of placement in the case of adoption).

This new provision provides the ability for an employee (partner) to be able to access up to 18 weeks of paid partner leave provided that are meeting the needs of the child more than anyone else.

In the new Agreement employees on unpaid parental leave as the primary caregiver will have their superannuation paid for the first 12 months of parental leave (previously 6 months). If parental leave ends, employees will continue to be able to request leave without pay or flexible working arrangements up until the child reaches school age.

Compassionate Leave

Minor technical changes and updates to definitions in line with NES definitions.

Leave in Special Circumstances


Long Service Leave


PART 5 RECRUITMENT, PROMOTION AND DEVELOPMENT

Recruitment, Promotion and Lateral Entry

Minor amendments to clause to clearly articulate the process and procedure for filling vacancies in line with the PSEM Act.

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Removal of reference to Attachment C – Lateral Entry Policy.

Accelerated Recruitment Program

This is a new clause that partially replaces the Lateral Entry Policy that was located at Attachment C of the NTPS Fire and Rescue Service 2013 – 2017 Enterprise Agreement. The clause simplifies recruitment for experienced and qualified firefighters from other jurisdictions from a recognised urban fire service. Key provisions address:

Applicants are required to complete all assessments and requirements, including

physical and challenge tests;

Certificate III Public Safety Training Package requirement;

Upon commencement, appointments under this clause will be at Firefighter Class D

and on completion of training can be appointed up to a Firefighter Class A; and

Clarification a union representative will be part of the assessment panel.

Difficult to Fill Vacancies

This is a new clause that partially replaces the Lateral Entry Policy that was located at Attachment C of the NTPS Fire and Rescue Service 2013 – 2017 Enterprise Agreement. The clause simplifies recruitment of difficult to fill vacancies and only applies to Leading Firefighters at Track Stations and all positions at the rank of Station Officer and above that are not on the 10/14 roster. Key provisions address;

Internal recruitment action must be undertaken first and not attract any suitable

internal applicants;

Applicants are required to complete all assessments and requirements including

physical and challenge tests; and

Appointees must have served a minimum of two years in a recognised urban fire

service.

Clarification a union representative will be part of the assessment panel.

Training and Development

Minor updates and deletion of outdated references to non-existent strategies and frameworks.

Career Path for Station Officers and Senior Station Officers

Removal of outdated transitional arrangements from the agreed 1993 career path referencing skills gap analysis for Station Officers, Senior Station Officers and District Officers.

Clause now simply outlines a career path for Leading Firefighters, Station Officers, Senior Station Officers and District Officers will be developed by the parties.

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District Officer Development


PART 6 TRANSFERS

Transfer Between Shifts and Centres

Minor updates to numbering.

Transfer Expenses Between Centres


Allowances for Transfer Expenses


PART 7 GENERAL CONDITIONS

Track Stations

Clause has been updated to reflect that Leading Firefighters (LFFs) at Track Stations be entitled to an allowance equivalent to the difference between the Leading Firefighter rate and the Station Officer rate. This allowance is in recognition of additional duties, paid meal breaks and restrictive duty payments. This is an improvement on, and replaces, the previous $6000 allowance to LFFs at Track Stations.

Minimum Staffing Levels of Appliances


Facilities

This is a new clause combines both previous clause 50 (Employee Fitness) and previous

clause 19 (Station Facilities).

Work Life Balance

The right to request provisions of this clause have been updated to replace redundant

provisions. There are no substantive changes to the remainder of the clause.

PART 8 PROCEDURAL MATTERS

Work Health and Safety

The clause name and legislation references have been updated.

Commitment to Support and Wellbeing

Name change to reflect Support and Wellbeing not Employee Support Services. There

are no other changes to this clause.

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Medical and Health Monitoring

This clause has been updated to reflect that there is a policy and procedure in place and

has been reworded to reflect continuation of the policy and procedure.

In addition, the study referred to in the old clause was finalised and a report produced

by Monash in 2014. The proposed change to this clause is to reflect commitment to

participate in future studies of this nature.

PART 9 FUTURE DIRECTIONS AND ONGOING CONSULTATION

Management of Change

Updates to this clause ensure compliance with the Fair Work Act and also clearly sets out that consultation on major change will occur prior to a CEO making a final decision.

Consultation on change to regular roster or ordinary hours of work

This clause is a mandatory requirement of enterprise agreements, pursuant to s205 of the Fair Work Act.

In the last agreement, this clause was appended to the agreement by the Fair Work Commission.

Public Sector Consultative Council (PSCC)

Minor change to the clause to make it clear that a party can request that the CEO establish a consultative committee as a forum for consultation.

Redeployment and Redundancy

The Redeployment and Redundancy provisions have been replaced by the NTPS Redeployment and Redundancy provisions, are now set out in Schedule 1; and refer to the relevant NTPS Employment Instruction Number 14 (Redeployment and Redundancy Procedures).

These provision now align more closely to other jurisdictions, to the NES and contemporary language has been inserted for ease of readability and application.

Individual Flexibility Arrangements

This was clause 45 in the 2013-2017 Agreement. It has been relocated to Part 9 for relevance.

The clause has been updated to provide better clarity around the provision. Essentially, where an employee wants to make a change to their employment conditions, but those changes are not available under the enterprise agreement, that employee may request to enter into an Individual Flexibility Arrangement (IFA) under this clause if the employee is better off overall as a result. However these arrangements require the approval of the Commissioner for Public Employment.

The clause has been updated to reflect that the arrangement must meet the genuine needs of the employee and employer.

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The clause is simplified to remove unnecessary processes and to correct the requirement when a CEO may terminate an IFA, in accordance with the FWA.

Security of Employment

Change of title and minor updates to the body of the clause to reflect the NTPS common clause.

Recovery of Overpayments and Relocation Costs on Cessation of Employment

Clause has been updated to reflect the NTPS common clause and to comply with the Financial Management Act in relation to the permissible recovery of overpayments upon cessation of employment.

Preserved Entitlements for Long-term Employees

The following clauses from the 2013-2017 Agreement have been relocated into this one new preserved entitlements clause;

Clause 16 - Northern Territory Allowance (NTA),

Clause 28 - Reimbursement of Fares; and

Clause 30 - Allowance for removal expenses.

The NTA has been amended to reflect that it only applies to employees already in receipt of the allowance prior to the commencement of the new agreement.

Review of Day Command and Track Stations

This is a new clause providing for a review of Day Command and Track Stations. Elements

of the review include, but are not limited to allowances, hours of duty and qualifications.

The clause provides that there will be no change to conditions of employment unless

agreed by the union, the Commissioner and NTPFES.

Schedule 1 – Northern Territory Public Sector Redeployment and Redundancy

Provisions

This Attachment, now Schedule, has been updated to reflect the NTPS common

provisions.

Schedule 2 – NTFRS Career Path – Firefighter to Station Officer

There are no changes to this Schedule.

Schedule 3 – Salaries and Allowances

Salaries and allowance rates have been updated in line with the provisions of the agreement.

Documents

PROPOSED Enterprise Agreement EXPLANATORY NOTES€¦ · Grammar rules for capitalisation have been adopted in line with proofreading for Govt workbook. b. Consistent terminology: