Department of Fire and Emergency Services - Fleet and Equipment Services Enterprise Bargaining

DEPARTMENT OF FIRE AND EMERGENCY SERVICES

fleet and equipment services enterprise

bargaining agreement 2013

AG16 of 2013

1Title

1.1 This Agreement shall be known as the Department of Fire and Emergency Services- Fleet and Equipment Services Enterprise Bargaining Agreement 2013.

2Arrangement

1. / Title / ...... / 2
2. / Arrangement / ...... / 2
3. / Application and Parties Bound / ...... / 3
PART I - FRAMEWORK
4. / Definitions / ...... / 3
5. / Date and Period of Operation of the Agreement / ...... / 4
6. / No Further Claims / ...... / 4
7. / Relationship to Parent Award / ...... / 4
8. / Notification of Change / ...... / 5
9. / Dispute Resolution / ...... / 5
PART II – CONDITIONS OF EMPLOYMENT
10. / Contract of Service / ...... / 6
11. / Wages / ...... / 8
12. / Hours of Work / ...... / 8
13. / Overtime / ...... / 9
14. / Rostered Call Out / ...... / 10
15. / Availability / ...... / 11
16. / Classification Structure / ...... / 11
17. / Breathing Apparatus Cross Skilling / ...... / 12
PART III – OTHER CONDITIONS, LEAVE AND ALLOWANCES
Other Conditions
18 / Study Assistance / ...... / 12
19. / Flexible Salary Packaging / ...... / 13
Leave
20. / Leave Approval Process / ...... / 14
21. / Annual Leave / ...... / 14
22. / Public Holidays / ...... / 15
23. / Personal Leave / ...... / 16
24. / Long Service Leave / ...... / 20
25. / Bereavement Leave / ...... / 22
26. / Parental Leave / ...... / 22
27. / Leave Without Pay / ...... / 36
28. / Witness and Jury Service / ...... / 36
29. / Leave for Training and Defence Forces / ...... / 37
30. / Emergency Services Leave / ...... / 38
31. / Blood/Plasma Donors Leave / ...... / 39
32. / Cultural/Ceremonial Leave / ...... / 39
33. / Purchased Leave – 44/62 Wages Arrangement / ...... / 40
34. / Purchased Leave – Deferred Wages Arrangement / ...... / 40
Allowances
35. / Travelling Allowance / ...... / 41
36. / Motor Vehicle Allowance / ...... / 41
37. / Responsibility Allowance / ...... / 41
SCHEDULES
A. / Wages / ...... / 43
B. / Signatures of Parties to the Agreement / ...... / 46

3Application and Parties Bound

3.1The parties to this Agreement are:

(a)the Department of Fire and Emergency Services (DFES); and

(b)all employees employed in Fleet and Equipment Services who are members of, or eligible to be members of, The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers, Western Australian Branch.

3.2This Agreement cancels and replaces the:

(a)Fire and Emergency Services Authority of Western Australia - Fleet and Equipment Services Enterprise Bargaining Agreement 2010.

3.3The parties estimate that, as at the date of registration, the approximate number of employees covered by this Agreement is 21.

PART 1 – FRAMEWORK

4Definitions

4.1For the purposes of this Agreement, the following definitions shall apply:

“Agreement” means the Department of Fire and Emergency Services – Fleet and Equipment Services Enterprise Bargaining Agreement 2013.

“Award” means the Fire Brigade Employees (Workshops) Award 1983 No. A6 of 1981.

“Commission” means the Western Australian Industrial Relations Commission.

“Employee” means a person eligible to be covered by this Agreement.

“Employer” means the Commissioner of the Department of Fire and Emergency Services.

“Evidence that would satisfy a reasonable person” means documentation which may include, but is not limited to, a medical certificate and/or a statutory declaration.

“DFES” means the Department of Fire and Emergency Services..

“Member of the employee’s family or household” means any of the following persons:

(a) the employee’s spouse or de facto partner;

(b)a child, step-child or grandchild of the employee (including an adult child, step-child or grandchild);

(c) a parent, step-parent or grandparent of the employee;

(d) a sibling of the employee;

(e)any other person who, at or immediately before the relevant time for assessing the employee’s eligibility to take leave, lived with the employee as a member of the employee’s household.

“Union” means the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers, Western Australian Branch.

5Date and Period of Operation of the Agreement

5.1This Agreement shall commence from the date of registration and will expire on 17 August 2016.

5.2The parties to this Agreement agree to commence negotiations for a replacement Enterprise Bargaining Agreement at least six (6) months prior to the expiry of this Agreement with a view to implement a replacement Agreement operative from 17 August 2016.

6No Further Claims

6.1The parties to this Agreement undertake that for the duration of the Agreement there will be no further claims on matters contained in this Agreement except where specifically provided for.

7Relationship to Parent Award

7.1This Agreement shall be read in conjunction with the Fire Brigade Employees (Workshops) Award 1983 (No A6 of 1981). This Agreement will apply to the extent of any inconsistencies.

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8Notification of Change

8.1Where any action by the employer is considered and is likely to have a significant effect on an employee or make an employee redundant, the employee and the Union will be informed as soon as possible. The employees and Union will have the opportunity to consult with the employer on:

(a)the likely effect of the action in respect of an employee; and

(b)measures that may be taken by the employer or an employee to avoid or minimise the significant effect.

8.2The employer is not required to disclose information that may harm the employer’s business or reputation.

9Dispute Resolution

9.1This clause replaces the provisions of Appendix – Resolution of Disputes Requirement, of the Award.

9.2Disputes arising under this Agreement, or in the course of employment of employees covered by this Agreement, will be dealt with in accordance with this clause.

9.3Stage 1:

Where possible, the matter is to be discussed between the employee and the immediate supervisor within five (5) working days of the issue arising.

Stage 2:

If not settled at stage 1, the matter will be referred to, and discussed with, the employee and the relevant supervisor’s manager, within a further five (5) working days.

Stage 3:

If not settled at stage 2, the matter is to be discussed with a representative from the DFES Workforce Management Branch, within a further five (5) working days.

Stage 4:

If not settled at stage 3, the matter may be referred to the Executive Director, Corporate Services.

Stage 5:

Where agreement has still not been reached either party may referthe matter to the Commission for resolution.

9.4At any stage, an employee may be accompanied by a Union Representative or another person of their choice.

9.5The period for resolving a dispute may be extended by agreement between the parties.

9.6The parties covered by this Agreement will not disrupt the provision of services to the public while disputes are being dealt with under this procedure.

9.7In the event that an employee is required to attend arbitration proceedings this will be deemed normal working time.

PART II – CONDITIONS OF EMPLOYMENT

10Contract of Service

10.1 Period of Probation

An employee who commences employment during the life of this Agreement will be on probation for a period not exceeding 3 months. During the probationary period the contract of service may be terminated by either the employee or the employer giving 1 week’s notice of termination, or by the forfeiture or payment respectively of 1 week’s wage.

10.2 Notice of termination of employment by the employer

(a)The employment of an employee, other than a probationary employee or casual employee, must not be terminated unless the employer has given the employee the required period of notice in accordance with the following table or the employer has provided the employee with payment in lieu of notice.

Period of continuous service / Required period of notice
Not more than 1 year / At least 1 week
More than 1 year but not more than 3 years / At least 2 weeks
More than 3 years but not more than 5 years / At least 3 weeks
More than 5 years / At least 4 weeks

(b)The period of notice for an employee, who at the time of being terminated is over 45 years of age and has completed at least two year’s continuous service with the employer, shall be increased by one week.

(c)The employee may be terminated by the employer giving the employee part of the required period of notice, with payment in lieu for the remainder of the required period of notice.

(d)Payment in lieu of notice must equal or exceed the total amounts that, if the employee’s employment had continued until the end of the required period of notice, the employer would have become liable to pay the employee because of the employment continuing during that period; provided the employer and the employee may agree to a shorter notice period.

(e)Payment in lieu of notice must be worked out on the basis of:

(i)the employee’s ordinary hours of work, even if they are not standard hours;

(ii)the amounts ordinarily payable to the employee in respect of those hours including, for example, allowances, loadings and penalties; and

(iii)any other amounts payable under the employee’s contract of employment.

10.3 Notice of Termination by Employee

(a) The notice of termination required to be given by an employee, other than a probationary employee or casual employee, shall be the same as thatrequired of an employer, save and except that there shall be no additional notice based on theage of the employee concerned.

(b) If an employee fails to give the required notice or having given, or been given, such noticeleaves before the notice expires, the employee forfeits the entitlement to any moneys owing tothe employee except to the extent that those moneys exceed the ordinarywages for the required period of notice.

10.4Part-Time Employees

(a)A part time employee is an employee who is engaged in regular and continuing employment for less than an average of 38 hours per week. The salary for a part-time employee will be a proportion of the appropriate full-time salary, dependent upon the time worked.

(b)A part-time employee is entitled to the same leave and conditions prescribed in this Agreement as for a full-time employee, proportionate to the average hours worked.

10.5Casual Employees

(a)A casual employee is an employee who is engaged by the hour on a casual basis.

(b)The hourly rate of pay of a casual employee will be the hourly rate of pay of a full-time employee of the same classification plus a 20% loading in lieu of all paid leave and public holidays.

(c)The employment of a casual employee may be terminated at any time by an employee or the employer giving one hour’s notice. If such notice is not given by either an employee or the employer, one hour’s pay will be forfeited or paid respectively.

(d) Other than as specified in this subclause, the conditions of employment specified in this Agreement do not apply to a casual employee.

10.6Unless otherwise provided for in this Agreement, the provisions of all DFES policy, circulars and administrative instructions shall apply to an employee bound by this Agreement.

10.7Any dispute or claim arising out of this clause will be dealt with in accordance with the provisions of clause 9 (Dispute Resolution) of this Agreement.

11Wages

11.1The wages payable to an employee will be those contained within Schedule A of this Agreement in accordance with the classification of an employee and shall provide for the following increases:

• 4.0% from the first pay period commencing on or after 17 August 2013;
• 3.75% from the first pay period commencing on or after 17 August 2014;and
• 3.75% from the first pay period commencing on or after 17 August 2015.
• An employee who is employed by DFES on the date of registration of this Agreement will, on registration of the Agreement, receive a payment equivalent to the additional salary that would have been paid had the salaries in Attachment A been paid from the first pay period commencing on or after 17 August 2013.

11.3An employee who resigns or retires or whose employment is otherwise terminated prior to the registration of this Agreement is not entitled to the payment provided in clause 11.2.

11.4The wages will be paidweekly, but where the usual pay day falls on a public holiday, payment will be made on the previous working day.

11.5The wages will be paid by direct funds transfer to an account nominated by an employee at an approved bank, building society or credit union.

11.6If this form of payment is not possible, or some exceptional circumstances exist, agreement may be reached between the employer and employee for payment by cheque.

11.7During the term of this Agreement the employer may instigate consultative negotiations for the transition to fortnightly pays.

11.8The wage increases provided for in this Agreement are in full and final settlement of productivity improvements up to the date of commencement of the Agreement.

12Hours of Work

12.1The provisions of this Clause replace Clause 8. – Hours of Duty, of the Award.

12.2 The ordinary hours of work shall be worked between 7.00am and 7.00pm, Monday to Friday, with an unpaid meal break of not less than 30 minutes to be taken between 12 noon and 2.00pm.

12.3 A roster technician will cover all hours including their ordinary working hours.

12.4The actual hours of work in each branch or section shall be determined by the employer in consultation with the employees in order to maximize efficiency and meet the operational needs of DFES and its customers.

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12.5The number of ordinary hours shall be worked on 9 days over a two-week cycle, totalling 76 hours per fortnight. To provide flexibility and to achieve and maintain equal number of employees on duty and/or appropriate employee numbers for the program of works, the standard rostered day off may be any day of the week from Monday to Friday.

12.6Notwithstanding sub-clause 12.5, by mutual agreement between the employee and employer, the rostered day off for an employee may be changed to day other than that rostered. The employer must take into account the individual circumstances of the employee and inform the employee in writing of the reasons when denying any such application.

13Overtime

13.1This clause replaces Clause 9. – Overtime, of the Award.

13.2Employees are required to work reasonable overtime outside ordinary hours when requested or authorised by the employer.

13.3Except as hereinafter provided, all time worked in excess of or outside of the usual working hours on any day shall be paid for at the rate of time and a half for the first two hours and double time thereafter.

13.4Where work is done on Saturdays the employee shall be paid at the rate of time and a half for the first two hours and double time thereafter, but if work is performed on a Sunday, or after 12 noon on a Saturday, the employee shall be paid double time for all time so worked.

13.5An employee shall not be compelled to work for more than five hours without a break for a meal.

13.6When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive days.

13.7An employee (other than a casual employee) who works so much overtime between the termination of ordinary work on one day and the commencement of ordinary work on the next day that they have not had at least ten consecutive hours off duty between these times shall, subject to this subclause, be released after completion of such overtime until they have had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

13.8If, on the instructions of the employer, an employee resumes or continues work without having had ten consecutive hours off duty, the employee shall be paid at double time rates until they are released from duty for such period and shall then be entitled to be absent until they have had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

13.9An employee called back after completing a day's work, or called out on a Saturday or Sunday, shall be paid a minimum of three hours at overtime rates, and time spent in getting to and from work shall be counted as time worked. If an employee is called out more than once within any period of three hours of a call, they shall not be entitled to any further payments for time worked within the period of three hours from the time when they commenced work in response to the first call.

13.10Where an employee:

(a)is required to work continuous overtime for more than one hour; or

(b)has not received at least 12 hours’ notice of a requirement to work overtime,

the employee will be supplied with a meal by the employer or be paid a meal allowance of $12.40after one hour’s overtime, and then after each further period of five hours overtime thereafter.

13.11The provisions of sub clause 13.10 only apply for services provided within 50 kilometres of Perth City Railway Station.

13.12The amount in subclause 13.10 is derived by averaging the meal allowances contained in Schedule H – Overtime Allowance, PART II – Meals, of the PublicService Award 1992 and will be varied in accordance with movements in that schedule.

13.13 Provided an employee does not have excessive accrued leave entitlements,time off in lieu (TOIL) may be approved in special circumstances and by prior agreement in writing and clearly marked on an overtime claim. It shall be equivalent to the overtime rate as per this Agreement, and shall not be unreasonably withheld. An employee wishing to use TOIL must gain formal approval and complete a leave application form.

13.14In the event that a meal break is unable to be taken when called out or working unplanned overtime that time shall be included as time worked for the purposes of overtime.

14Rostered Call Out

14.1 This clause replaces Clause 9. – Overtime, of the Award.

14.2 Employees may be rostered on call outside of the ordinary hours of work. Employees will receive a written instruction to become part of the rostered on call team.

14.3Employees who are rostered on call are to remain at their residence or otherwise be immediately contactable by telephone or paging system outside the employee’s normal hours of duty, in case of a call out requiring an immediate return to duty.

14.4Employees rostered on call will remain in a fit state at all times to be able to return to duty.

14.5Where an employee rostered on call is recalled for duty, the employee will receive payment for hours worked in accordance with Clause 13 – Overtime of this Agreement. In addition, each employee so rostered shall be paid:

(a)Three hours’ pay at ordinary rates if rostered on call on any day Monday to Friday inclusive;

(b)Four hours’ pay at ordinary rates if rostered on call on a Saturday or a Sunday;

(c)Four hours’ pay at ordinary rates plus a day in lieu if rostered on call on a public holiday.

14.6Time spent travelling to and from the place of work where an on call employee is recalled to work will be included as time worked for the purposes of calculating the overtime payment.

14.7Where the employer supplies a vehicle for rostered call out, an employee shall maintain custody and control of the vehicle for immediate use for the period on rostered call out. Theemployee having control of the vehicleis responsible for its security, cleanliness and for updating the material used.

15Availability

15.1 This clause replaces Clause 9. – Overtime, of the Award.

15.2Where an employee has been notified by the employer in writing to be available under this clause, an availability allowance equal to threehours of the employee’s weekly wage shall be paid on top of the weekly wage for each week that the employee is deemed available.