DEPARTMENT OF PARKS AND WILDLIFE RANGERS UNITED VOICE
FIRE SERVICE PROVISIONS AGREEMENT 2014
d..
AGAOF 2015
DEPARTMENT OF PARKS AND WILDLIFE
RANGERS UNITED VOICE FIRE SERVICE PROVISIONS AGREEMENT 2014
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TITLE AND REPLACEMENT
1.1
This Agreement shall be known as the Department of Parks and Wildlife Rangers
United Voice Fire Service Provisions Agreement 2014.
1.2
It cancels and replaces provisions relating to rangers within the Department of
Environment and Conservation Rangers United Voice Fire Service Provisions
Agreement 2012 AG 26 of 2012.
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ARRANGEMENT
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TITLE AND REPLACEMENT
ARRANGEMENT
DEFINITIONS
PURPOSE OF AGREEMENT
APPLICATION AND PARTIES BOUND
TERM OF AGREEMENT
NO FURTHER CLAIMS
DISPUTE SETTLEMENT PROCEDURE
FIRE SERVICE PRINCIPLES
ROSTERING PRINCIPLES
FIRE AVAILABILITY
FIRE SERVICE OVERTIME
REST PERIODS
FIRE LEAVE
PRIVATE TELEPHONE ALLOWANCE
FIRE LINE ALLOWANCE
AIR ATTACK SUPERVISORS
AIR OPERATIONS SUPPORT CREW ALLOWANCE
REVIEW PROCESS
COPIES OF AGREEMENT
SIGNATURE OF PARTIES
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DEFINITIONS
For the purposes of this Agreement the following definitions shall apply.
"Accrued Time Off" is the paid day off duty per 4 weekly cycles that a Ranger is
rostered off duty or other such mutually agreed accrued time that a Ranger is
rostered off duty.
"Agency" means the Department of Parks and Wildlife (the department/Parks and
Wildlife).
"Air Attack Supervisor" is responsible for the management of aerial suppression
operations (including the aircraft performing them), undertaking this role from a
suitable aerial platform.
"Award" means Rangers (National Parks) Consolidated Award 2000 or
Miscellaneous Government Conditions and Allowances Award No. A 4 of 1992 as
determined by the scope and respondency of the applicable Award.
"AWU Fire Agreement" means the Department of Parks and Wildlife - Australian
Workers Union Fire Services Provisions Agreement 2014 AG 21 of 2014 or its
replacement.
"AWU General Agreement" means the Australian Workers Union (Western
Australian Public Sector) General Agreement AG 29 of 2012 or its replacement.
"Control Point" means the field based management facility that defines the edge
of the active fire ground for in-field operations; and the point from which fire line
allowance is payable. The Control Point may be located at the Incident Control
Centre.
"Employer" means the Director General of the Department of Parks and Wildlife
(Parks and Wildlife/the department).
"Fire Availability" means all time during which an employee is required to keep
himself of herself available for an immediate call to duty.
"Fire Service" includes fire detection, suppression, prescribed burning, mopping up
operation and patrols.
"Fire Season" means a continuous period deemed to commence once the
detection system is required to operate and ending, as determined by the employer,
according to seasonal conditions.
"Incident Control Centre' means the administrative and/or operational centre
during fire control (eg: District Administrative Office). The Incident Control Centre
may also host the Control Point.
"No Fixed Hours (NFH) Ranger" means an employee who has no fixed hours and
who is in receipt of the 25% loading prescribed in clause 17(2) of the Rangers
(National Parks) Consolidated Award 2000.
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"Pre-formed Team" means a team assembled each year from employees who
nominate to undertake pre-determined roles within the Incident Management
structure that are rostered for fire duties anywhere in the state.
"PSGOGA" means the Public Service and Government Officers General
Agreement 2014 PSAAG 7 of 2014 and its replacements.
"Rangers Agreement" means Rangers (National Parks) General Agreement 2013
AG 5 of 2013 and its replacements.
"Related duties" means:
(i)
(ii)
(iii)
fire suppression;
prescribed burning; and
assisting with logistics, including aviation support, for fire suppression and
prescribed burning activities.
"Rostered Days Off" means the two normal days off a week that a No Fixed Hours
and a Rostered Hours Ranger is rostered off duty.
Rostered Ordinary Hours' refers to the rostered hours developed in accordance
with Clause 7 - Hours and Clause 8 - Roster of the Rangers (National Parks)
General Agreement 2013 or its replacements. This does not include fire availability
rosters.
"Rostered Ranger" means an employee who is rostered to work any five days out
seven days of the week.
"Rostered Weekends Off (RWO)" refers to a weekend where the employee is not
placed on a fire related roster.
"This Agreement" means the Department of Parks and Wildlife Rangers United
Voice Fire Service Provisions Agreement 2014.
"Union" means United Voice WA.
"WAIRC" means the Western Australian Industrial Relations Commission.
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PURPOSE OF AGREEMENT
4.1
The parties agree that the purpose of this Agreement is to provide for fire service
employment conditions specific to the Department of Parks and Wildlife. These
provisions do not apply for any other purpose unless otherwise mutually agreed
between the Department and the Union.
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APPLICATION AND PARTIES BOUND
5.1
The parties bound by this Agreement are United Voice WA, and the Director
General of the Department of Parks and Wildlife.
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all f3mployees employed vvithin
departnneni:,
21m covered industrially
are Inconsistent 1Nith
5.3
Agreement shall be read in
the Rangers
covered by this Agreement upon registration is estimated
5.5
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TERM OF AGREEMENT
6.1
This Agreement shall operate from the date of registration in accordance with
Section 41 of the Industrial Relations Act '1979 and shall have a nominal expiry date
of 30 September 2016.
All allowances provided for in this Agreement shall operate and be payable on and
from 1 October 2014.
6.2
The parties to this Agreement agree to re-open negotiations for a replacement
Agreement at least six months prior to the expiry of this Agreement.
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NO FURTHER CLAIMS
The parties to this Agreement undertake that for the term of this Agreement, and
subject to clause 19 - Review Process, there will be no further claims on matters
contained in this Agreement relating to fire service.
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DISPUTE SETTLEMENT PROCEDURE
8.1
Any questions, disputes or difficulties arising under this Agreement shall be dealt
with in accordance with this clause.
8.2
The employee/s and the manager/supervisor with whom the dispute has arisen
shall discuss the matter and attempt to find a satisfactory solution, within three
working days. An employee may be accompanied by a union representative.
8,3
If the dispute cannot be resolved at this level, the matter shall be referred to and be
discussed with the relevant manager's superior and an attempt made
find a
satisfactory solution, within a further three working days. An employee may be
accompanied by a union representative.
~f
the dispute is still
to
em
or union
8.7
At all stages of the procedure the employee may be accompanied by a union
representative.
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FIRE SERVICE PRINCIPLES
9.1
The parties accept
(a)
that a timely response is an essential factor in early detection and control of
fire emergency situations;
(b)
the requirement to retain 12 hour shifts for fire suppression where practicable
(to facilitate shift changeovers in daylight hours); and
(c)
notwithstanding any provisions contained elsewhere in this Agreement, and
subject to any necessary training, accreditation and competency and/or
supervision, any employee may be called upon to carry out or assist in
prescribed burning, fire suppression and mopping up (fire service) at any
time.
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ROSTERING PRINCIPLES
10.1
The underpinning principles are
10.2
10.3
(a)
Application of a duty of care by both the employer and employees,
(b)
The need to minimise the amount of time individual employees are required
to be rostered for Fire Availability, and
(c)
To ensure appropriate Fatigue Management arrangements are applied.
(d)
Tenure of team members on Preformed Teams will be for as long as the
member wishes to participate.
(a)
Fire Availability rosters (including Duty Officer and weekend office staff) will
be prepared as soon as possible prior to each fire season, with an objective
of 30 September below latitude 22° south and as determined above latitude
22° south.
(b)
Specialist rosters (which will depend on volunteers and in some cases
include non-Parks and Wildlife personnel) will be prepared as soon as
practicable thereafter.
(c)
Specialist volunteer rosters (which often include non-Parks and Wildlife
personnel) will continue to operate separately, but being mindful of normal
work centre Fire Availability rosters.
Rosters are prepared for "Fire Availability", not any subsequent requirement for
emergency fire suppression.
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10.4
Fire Availability and Duty Officer rosters will be prepared on the basis of a minimum
of one weekend off each four weeks with an objective of one weekend in three off
during the fire season where this can be accommodated.
Establishment of Rostered Weekends Off ("RWO") should be the first step in
preparation of rosters, and where appropriate, will be prepared in conjunction with
Accrued Time Off.
10.5
Employees on approved leave will have the weekend following each week of leave
treated as a RWO for the purposes of minimum RWO entitlements. Where an
employee recommences work prior to the completion of the week, the RWO will not
be enforced the following weekend.
10.6
(a)
Those designated as being on a RWO can only be called for Fire Availability
as a last resort (including after accessing available department employees
who volunteer) and on instruction from the State Duty Officer in very
high/extreme fire danger situations.
(b)
Affected staff are then to be the first priority for replacement time off ie
subsequent suppression requirements will not change Fire Availability rosters
but replacement time off will be provided as a priority for those who request it
- to be facilitated at local level.
10.7
Regions will investigate ways to "globally" roster those who live away from their
work centre. This may involve employees being allocated to a Fire Availability
roster separate from their normal work location.
10.8
To facilitate employee intentions, indicative lists of priority for call in addition to
minimum requirements will continue to be provided on rosters. Apart from
unforeseen situations that arise after this, any additional rostered weekend Fire
Availability requirements will be notified prior to the conclusion of normal working
hours on the last ordinary working day of the week, and for public holidays prior to
the conclusion of normal working hours on the day prior to the public holiday.
10.9
Employees who are placed on an indicative list of priority for call on a weekend
shall accrue Fire Service Leave as per subclause 14.1 of this agreement.
10.10 The department will continue to identify and train additional support staff for noncombat roles, thereby freeing up field officers from support roles.
10.11 Employees are able to mutually swap Fire Availability duty, subject to prior and
adequate advice to the department and appropriate recording.
10.12 Rostering of Rangers - All parties recognise that fire control is a high departmental
priority. Rangers actively participate in bushfire management as part of their work
role. Rangers participate in district fire availability rosters as part of integrated
works in most districts, as directed by their manager. In more remote areas, rangers
perform FA roster commitments where reasonably practical to do so.
10.13 It is recognised that Rangers can often work long shifts and odd hours in their
performance of their role. Work rosters, ADO's and RDO's will be managed as part
of the normal rostering process to reduce fatigue. Fatigue management guidelines
will be considered for all rosters prepared.
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10.14 Rangers required for weekly FA roster commitments may be required to align with
other departmental staff to work Monday to Friday inclusive as work days with
Saturday and Sunday as rostered days off for the duration of the roster period
without loss of penalties. At the end of the duty period Rangers will revert to normal
work rosters and rostered days off.
10.15 Employees are not precluded from volunteering their services in any way - work
centres may choose to provided lists for those prepared to nominate/volunteer on
any particular weekend/after hours.
Notwithstanding this, local management will monitor employees who volunteer for
additional work consistent with fatigue management guidelines.
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FIRE AVAILABILITY ROSTERS
11.1
Rosters shall be prepared for each district, work centre or region as appropriate
showing:
(a)
The Duty Officer who shall be required on all days throughout the fire
season.
(b)
One employee who shall be required for Fire Availability.
(c)
Other employees who may be placed on Fire Availability by a Duty Officer as
conditions warrant.
(d)
(i)
Employees may be placed on Fire Availability during weekends, public
holidays and rostered days off or from the cessation of the normal
working time each day.
(ii)
Fire Availability may be extended in
circumstances by an authorised employee.
(i)
Employees required to be on Fire Availability shall be notified by the
District Manager or other duly authorised employee prior to their
normal ceasing time of each ordinary working day.
(ii)
Employees directed by the employer to perform Fire Availability at a
location where suitable accommodation is available other than as
provided for in paragraph subclause 11.4 (Fire Availability Allowances)
at subclause 11.4 (a) or subclause 11.4 (b) shall be notified prior to
ceasing work on the preceding shift or day of work.
(iii)
Employees may be requested to undertake Fire Availability without
having been provided with the necessary notification as provided for in
this subclause. Such employees have the option to either accept or
decline any such request. An employee who accepts shall be paid for
each hour of Fire Availability in accordance with subclause 11.4 (Fire
Availability Allowances) as appropriate for each hour undertaken
under this arrangement.
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response to
prevailing
11.2
11.3
An employee placed on Fire Availability:
(a)
on a weekday day an employee is entitled to payment of Fire Availability for
a minimum of three hours. For No Fixed Hours or Rostered Rangers, the
payment for a minimum period of three (3) hours applies to rostered
working days;
(b)
on a Saturday, Sunday or public holiday or a day rostered off duty is entitled
to payment of Fire Availability for a minimum period of eight (8) consecutive
hours. For No Fixed Hours or Rostered Rangers, the minimum eight hour
payment applies to rostered days off;
(c)
may elect to go off duty and forfeit the balance of the minimum payment if
no longer required by the Duty Officer;
(d)
where actual work is undertaken during a period of Fire Availability, that
portion of the Fire Availability payment is replaced by the payment for time
worked.
Non - Rostered Employees
An employee not specified in subclause 11.1 (Fire Availability Rosters) may be
placed on Fire Availability by a Duty Officer in accordance with subclause 11.4 (Fire
Availability Allowances) of this Agreement.
11.4
Fire Availability Allowances (rates per hour)
(a)
Fire Availability 5 - an employee who is required to be immediately
contactable by telephone, prepared for an immediate return to duty, and
within five minutes of the District Office or other designated work area or
agreed location.
Payment at 133% of Fire Availability 15.
(b)
Fire Availability 15 - an employee who is required to be immediately
contactable by telephone, prepared for an immediate return to duty, and be
located within 15 minutes of the District Office or other designated work area
or agreed location
Payment at 50% of the AWU Level 3.1 hourly ordinary time rate (inclusive of
industry allowance).
(c)
Fire Availability Away - an employee who is required to undertake Fire
Availability away from the normal workplace or other agreed location.
Payment at 100% of the AWU Level 3.1 hourly ordinary time rate (inclusive
of industry allowance).
(d)
Fire Availability Pre Formed Teams
An employee who is required to undertake Fire Availability as part of a Pre
Formed Team and is required to be contactable by telephone or while at
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work and outside the employee's normal hours of duty and respond within 30
minutes from receiving the message for a return to duty at a specified
location within 2 to 6 hours.
Payment at 100% of Fire Availability 15.
11.5
Duty Officer Allowance
(a)
District Duty Officers shall be paid an allowance for periods of actual duty
as required by the roster based on the following formula:Monday to Friday Saturdays am Saturday's pm Sundays Public holidays -
0.5 hour per day at time and a half
2 hours at time and a half
1 hour at double time
3 hours at double time
3 hours at double time and a half.
Subject to any outcomes from the provisions of clause 19 (Review Process),
the allowance for a District Duty Officer is to be paid at the rate of PSGOGA
Level 6.1.
(b)
District Duty Officer in Training shall be paid an allowance for periods of
actual duty as required by the roster based on the same formula for District Duty
Officers. The allowance for a Duty Officer in Training is to be paid at the rate of
PSGOGA Level 5.1.
(c)
Regional Duty Officer (where District Duty Officers are in place) shall be paid
an allowance for periods of actual duty as required by the roster based on the
following formula: -
Monday to Friday Saturdays Sundays Public holidays -
0.5 hrs per day at time and a half
1.5 hrs at time and a half
1.5 hrs at double time
1.5 hrs at double time and a half.
The allowance for a Regional Duty Officer (DDO's in place) is to be paid at the
rate of PSGOGA Level 7.1.
(d)
Regional Duty Officer (where district duty officers are NOT in place) shall be
paid an allowance for periods of actual duty as required by the roster based on
the following formula:
Monday to Friday Saturdays am Saturday's pm Sundays Public holidays -
0.5 hr per day at time and a half
2 hrs at time and a half
1 hr at double time
3 hrs at double time
3 hrs at double time and a half.
The allowance for a Regional Duty Officer (DDO's not in place) is to be paid at
the rate of PSGOGA Level 7.1.
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(e)
State Duty Officer shall be paid an allowance for periods of actual duty as
required by the roster based on the same formula for the Regional Duty Officer
as per 11.5(c).
The allowance for a State Duty Officer is to be paid at the rate of PSGOGA
Level 8.1.
11.6
"Principal Point of Contact" - where any employee who is rostered for fire
availability has their contact number on a tape or diverter such that they are
designated the principal point of contact for public fire calls but does not otherwise
carry out the duties of a duty officers as provided for in subclause 11.6 (Duty Officer
Allowance), the employee shall be paid an allowance equivalent to 15 minutes per
day at the rate of PSGOGA Level 6.1 maximum in addition to the appropriate fire
availability rate.
This provision is only available for remote areas which do not warrant/require a
Duty Officer or fire availability presence. It is not available for major work locations
in the forest regions.
11.7
Fire Availability During Paid Rest Periods
(a)
Employees cannot be placed on Fire Availability whilst on a rest period (even
if they were previously pre-rostered for Fire Availability).
(b)
However, employees who, as a result of prior fire duty requirements are
instructed to take a rest period which extends into a period of pre-rostered
Fire Availability will continue to be paid the appropriate pre-rostered Fire
Availability entitlement for that period, unless they are on a paid rest period,
in which case the paid rest period takes precedence and replaces the
entitlement to payment for that portion of pre-rostered Fire Availability.
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FIRE SERVICE OVERTIME
12.1
The definition of a "day" is from midnight to midnight, and includes the
"maintenance" of overtime penalty rates for work crossing over midnight on
weekdays and into Saturdays subject to having completed two continuous hours
overtime immediately prior to midnight ie employees do not revert to time and one
half for the first 2 hours.
12.2
(a)
Work performed on fire control outside of normal working hours shall be
classed as overtime, other than for Duty Officers where it is required in the
performance of fire duties as defined in accordance with subclause 11.5
(Duty Officer Allowance),
(b)
All weekday and public holiday/non RDO fire overtime is normally based on a
standardised eight hours at ordinary time from 8am to 4pm. Provided that
notice of any change in ordinary hours is given to the employee at or prior to
the completion of the previous normal rostered shift. .
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12.3
Overtime Penalty Rates
(a)
NFHs and Rostered Rangers
(i)
Weekdays and Saturdays until Noon
NFH and Rostered Rangers who work these days as part of their rostered
ordinary hours will be paid their ordinary (ie 25% loaded) hourly rate to a
maximum of eight hours and then be paid at time and one half for the next
two hours and double time thereafter
(ii)
Saturdays from Noon and Sundays
NFH and Rostered Rangers who work these days as part of their rostered
ordinary hours will be paid their ordinary (ie 25% loaded) hourly rate to a
maximum of eight hours and double time thereafter.
(iii)
Public Holidays
(aa) All ordinary time worked by NFH and Rostered Rangers on a
Public Holiday during normal rostered hours up to a maximum
of eight hours is paid at the ordinary (ie. 25% loaded) rate of
pay
(bb) All time worked by NFH and Rostered Rangers on a Public
Holiday in excess of eight hours (for NFH employees) or outside
the normal span of hours is paid at double time and a half of the
ordinary rate (excluding the 25% NFH allowance but including
the 1.5% Public Holiday Payment).
(iv)
Rostered Days Off and Accrued Days Off
This subclause does not apply to NFHs and Rostered Rangers who:
• are in receipt of the Fire Availability Allowance as per Clause 11 Fire Availability Rosters; and/or
• have been given notice prior to the completion of their previous shift
of the requirement for the employee to attend work in fire control
functions on a designated ADO or ROO.
(aa) Where NFH and Rostered Rangers are required to work on fire
control duties on an ROO or ADO, they will be paid for the
number of hours worked at their ordinary (Le. 25% loaded) rate
plus the same number of hours at the ordinary (Le. unloaded
rate) for up to a maximum of eight hours worked and at double
time thereafter.
(bb) Where NFH or Rostered Rangers are required to work on fire
control duties on a ROO or ADO which is a Public Holiday, they
will be paid at double time and a half of the ordinary rate
(excluding the 25% NFH allowance but including the 1.5%
Public Holiday Payment).
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(v)
(b)
Except where otherwise provided, overtime penalty rates shall be
exclusive of the NFH allowance
All Others
(i)
Weekdays and Saturdays until Noon
The first two hours worked are paid at ordinary time and one half, and
thereafter at double ordinary time rate.
(ii)
Saturdays from Noon and Sundays
All time worked is paid at double the ordinary time rate.
(iii)
Public Holidays
(aa) All time worked during normal I ordinary hours on a Public
Holiday (to a maximum of eight hours) is paid at time and one
half in addition to the ordinary time rates equating to double
time and a half.
(bb) All time worked outside of the standard ordinary hours on a
Public holiday is paid at double time and one half of the
ordinary time rate.
12.4
Travel Time
Any travelling time undertaken out of ordinary hours to attend or depart from an
other than home district fire will not be counted for the purposes of determining
maximum consecutive shifts on fire suppression, provided that any appropriate
intervening rest period is provided, and that the total work and travel time involved
does not exceed 12 hours and hence become an extended shift. This will not apply
to any person who is a driver in control of a vehicle.
12.5
(a)
Subject to 12.5 (b), the minimum callout period will be four hours, provided
that employees may be employed on fire related duties for the balance of
any minimum callout period. Where applicable, any balance of Fire
Availability payments recommence at the conclusion of the four hour
minimum callout period.
(b) Where an employee has performed the required fire related service as part of
a four hour callout, has been released, and subsequently receives another
callout before the initial callout period is completed, then the employee will be
paid for any hours worked during the subsequent call out beyond the initial four
hour minimum call out period.
(c)
Where applicable, any balance of Fire Availability payments recommence at
the conclusion of the four hour minimum callout period. An employee will only
be entitled to receive one of these a Fire Availability Allowance, Call Out
Penalty or Fire Service Overtime at any time during a shift.
(d)
An afterhours contact which does not require an employee to physically
return to duty will attract a minimum payment of 30 minutes, or the actual
time required to attend to the contact, whichever is the greater.
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(e)
12.6
Subclause 12.5 shall not apply to Duty Officers.
Meal Breaks and Provision of After Hours Meals
Meal and Rest Breaks
(a)
Meal breaks shall be taken as agreed between the employees concerned
and the appropriate manager, all employees working beyond 6.00 pm will be
provided with a meal, provided that an employee should not be compelled to
work beyond five hours without a meal break.
(b)
All meal intervals within periods of fire service duties shall be treated as paid
for as time worked.
(c)
Meal Intervals
(d)
(i)
In the absence of any agreement to the contrary, the normal meal
break prescribed herein shall occur between the hours of 12 noon and
2.00 pm. Subsequent meal breaks shall be taken as agreed between
the employees concerned and the appropriate manager, provided that
an employee should not be compelled to work beyond five hours
without a meal break. All meal intervals not exceeding 30 minutes
duration shall be counted as time worked.
(ii)
Where an employee was due for a paid meal break in accordance
with the five hour rule provided for in clause 12.6 (a) and has been
unable to take such a meal break, the employee may, with the
approval of management, defer taking of the 30 minute paid meal
break to a breakfast break and meal at a time when breakfast is
available.
Provision of Meals
(i)
The department shall provide the usual three meals per day where
employees are operating on fire duties remote from their headquarters
and cannot be returned to their normal place of abode for a rest
period. All food supplied by the department shall be free of charge to
employees.
(ii)
Where an employee is called upon to undertake fire availability
without having been notified prior to the day on which fire availability is
to be undertaken, and the employee is required to undertake such fire
availability away from his/her home, then the department shall provide
that employee with a suitable meal, or meals, for each mealtime that
falls within the period of fire availability.
(iii)
Where employees are called upon to undertake Fire Service away
from their place of residence without having been notified prior to the
day on which Fire Service is to be undertaken, then the employer shall
provide affected employees with a suitable meal, or meals, for each
mealtime that falls within the period of Fire Service.
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(e)
(f)
12.7
Provision of Meals for Prescribed Burning Activities
(i)
Subject to alternative agreed local arrangements, employees involved
in prescribed burning activities at or after 6.00 pm will be provided with
a meal by the employer. The time taken to consume the meal should
not take more than 30 minutes and will be deemed to be time worked.
(ii)
During period of weekday prescribed burning (i.e. once fire is present
within the burn), employees on the fire line, the duty officer and/or
controller only are entitled to a paid lunchtime meal break.
Parks and Wildlife will supply all meals outside normal working hours to
employees which are to be of an agreed standard set out in the Department
of Fire Management Guideline No G1 Firefighter Food and Fluid
Replacement Guidelines, as amended or replaced, and while performing Fire
Service Duties employees will be supplied such meals by Parks and Wildlife
employees to ensure the appropriate meals are supplied.
Time Off In Lieu
(a)
Where the employer and an employee agree in writing, time off in lieu of
payment for overtime or Public Holidays worked may be taken in accordance
with the appropriate overtime payment ratio.
(b)
The employee shall be required to clear accumulated time off in lieu within
two months of the overtime being performed, provided that by written
agreement between the employee and the employer, time off in lieu of
payment for overtime may be accumulated beyond two months from the time
the overtime is performed so as to be taken in conjunction with periods of
approved leave.
(c)
If the employer is unable to release the employee to clear such leave within
two months of the overtime being performed, and no further agreement
prescribed in paragraph (b) of this subclause is reached, then the employee
shall be paid for the overtime worked.
12.8
Overtime claims are to be forwarded as soon as practicable and payable in
the next available pay period.
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REST PERIODS
13.1
Minimum Rest Periods
This subclause does not apply to Duty Officers.
(a)
Subject to 13.1 (b) and 13.4 (Special Provisions for Fire Emergency Callouts
during Weekday Core Sleep Periods), rest periods will be a minimum of 10
hours off duty duties at the cessation of fire service work, without loss of
wages/salary for ordinary working time.
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(b)
(i)
In situations of fire suppression where the necessary extraction and/or
insertion times for shifts or the incident being at a critical stage as
assessed by the Incident Controller means the minimum ten hour
break cannot realistically be achieved, rest periods will be a minimum
of 8 hours off duty/true rest time exclusive of meal periods i.e. either
employees will either be fed on the fire line or at such mutually agreed
place during paid working time, or a paid allowance of 30 minutes for
each meal will be provided for those meals that are taken away from
the fire line or incident control centre. The calculations are based on
work centre to work centre, or accommodation to accommodation
whilst "away", provided that where eight hour rest periods are applied,
the eight hours will also be exclusive of meals and travel time to/from
accommodation. It is accepted that this can mean employees who
live away from their work centre may need to be accommodated
rather than travel to/from their place of residence.
(ii)
The guideline for application of the minimum 8 hours off duty provision
as identified in 13.1 (b) (i) is one hour or more travel time from the
work centre to the fire location or the incident being at a critical stage
as assessed by the Incident Controller.
When Minimum Rest Period Not Achieved
13.2
13.3
(a)
If employees do not receive their minimum off duty rest period entitlement,
then all time subsequently worked will be at double time (but the equivalent
of double time and a half for time worked on public holidays) until the 10 hour
break is provided.
(b)
Employees are immediately required to advise their supervisor if any
proposed resumption time(s) will result in less than the minimum designated
10 hour rest period eg due to transport delays, communication breakdowns
etc. This will then provide the Department with the opportunity to source
alternative staff, and only where such resources are not available will a
decision be made on resumption time in the knowledge of any additional
penalty impost.
(c)
In order to facilitate rest periods, it may be necessary to make more use of
the flexibilities contained within the available span of weekday ordinary hours
up to and including 6.00 pm. This provision will only be applied to the normal
hours on the day following work undertaken late into the night before, and
employees must be advised of the altered start time prior to concluding work
on the night before.
Greater than 16 Hour Emergency Shifts
If employees are required to remain on duty for a work period in excess of sixteen
hours, they will at the conclusion of that work period, be entitled to be paid eight
hours pay at ordinary time rates as a paid continuous rest period. This payment is
not in addition to and is subsumed by any entitlement to payment for ordinary
working time which falls within that rest period.
16
13.4
Special Provisions for Fire Emergency Callouts during Weekday Core Sleep
Periods
This subclause does not apply to Duty Officers.
(a)
If employees are called out during weekday core sleep periods i.e. between
midnight and 4.00 am, and the employee stops work before their normal start
time, they will be given an eight hour rest break which includes payment for
any ordinary time occurring during that break.
(b)
If an employee resumes work in less than eight hours, all ordinary time
worked is paid at double the ordinary time rate until they receive an eight
hour break.
(c)
Public Holiday rates apply for all time worked on public holidays.
(d)
Where an employee is called during the core sleep period and it is
expected work will continue into ordinary time, the employee will continue to
receive overtime until such time the employee has been released for an eight
hour break.
13.5
Duty Officer After Hours Arrangements
Duty Officers have special arrangements for after-hours availability and duty
requirements and the provisions of subclauses 13.1 (Minimum Rest Periods) and
13.4 (Special Provisions for Fire Emergency Callouts during Weekday Core Sleep
Periods) do not apply to employees whilst undertaking this role. In the event of
additional after hours duty being required, each Duty officer will need to make an
assessment in conjunction with their supervisor of their capacity to continue
working, and operate within the spirit and intent of the fatigue management
guidelines.
14
FIRE LEAVE
14.1
Fire Leave applies to employees who undertake Fire Availability and/or appear on
any fire related roster who undertake these duties in addition to their other duties
and will apply on a pro rata basis as follows:
14.2
(a)
For each public holiday or part thereof that an employee is placed on the fire
roster - one day of Fire Leave.
(b)
For each weekend, or part thereof that an employee is placed on the fire
roster, other than a No Fixed Hours or Rostered Ranger is placed on Fire
Availability - one quarter of a day of Fire Leave.
(c)
For the two rostered Days Off or part thereof per week, a No Fixed Hours or
Rostered Ranger -one quarter of a day Fire Leave
Fire Leave will be credited to an employee's leave balance by the July following the
fire season.
17
Un~'esg E:Jppro'\/ls::l by
He£li()ila~
must
3"1 Ilftay 1n the yeal" foll~),ilVing
fire S'E~a8on in '\!vh~ch the k:~avja \~1:!as) Bl(:cruec~ (ie.
leave accrued in tills 20111 firls season rnust be deared by 31 ~,.jlay
12). If the
or
to
c!eared within
timefraune, it wiii be cashed
.June in each year.
ordinary time rates prior to
their accrued Fire Leave at any time.
1
Employees
1
Fire Leave is
14.5
Fire Leave applies to staff who appear on Fire Availabiiity rosters, are placed on
Fire Availability outside of rosters and undertake weekend office staffing duties but
does not apply to weekend fire season office staff who are employed specifically for
that purpose only and who receive appropriate alternative leave entitlements.
14.6
Each employee engaged in fire service and who accrues an entitlement to Fire
Leave as provided for in this clause is entitled on application to time off work at a
minimum of one day.
15
PRIVATE TELEPHONE ALLOWANCE
15.1
The Department will pay a private telephone allowance to employees placed on fire
rosters for the span of time they are required to be available within the fire season,
subject to the following provisions of this clause.
15.2
This provision does not apply to externally employed weekend office staff, who are
employed specifically for that role, but does apply to existing department staff who
undertake that role under after hours working conditions.
15.3
An employee who is not rostered for duty and who has not been placed on Fire
Availability by the roster or by the Duty Officer shall not be required to restrict their
movements outside of normal hours, provided that an address and/or contact
telephone number (to be used in case of emergency) shall be indicated on the
Disposition Board.
subject
loading.
The private telephone allowance is based on the standard Telstra telephone line
rental, plus a component for occasional local calls. The allowance will be reviewed
and adjusted each time there is a change in the Telstra rental charge. In the event
that an employee is required to make excessive work related calls (local or STD),
then reimbursement for the additional calls will be provided on the production of
receipts.
15.4
The allowance is payable notwithstanding that the employee is in possession of a
departmental mobile telephone.
16
FIRE LINE ALLOWANCE
16.1
The Fire Line Allowance of $7.08 per hour is payable to employees who are directly
involved in fire suppression activities on the fire ground, inclusive of field based
management facilities forward to the actual fire ground and is exclusive of travelling
time.
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16.2
The Fire Line Allowance of $7.08 shall be payable to employees who are directly
involved in "on ground" prescribed burning activities and does not apply until fire is
present within the burn and is exclusive of travel time.
16.3
The Fire Line Allowance will be adjusted in accordance with the Department of
Parks and Wildlife - AWU Fire Service Provisions Agreement 2014.
17
AIR ATTACK SUPERVISORS
17.1
An employee, performing the role of an Air Attack Supervisor shall be deemed
competent after completing the relevant departmental training.
17.2
An employee performing the role may undertake the following tasks:
(a) regularly and systematically checking weather conditions;
(b) attending fire-update teleconference calls;
(c) facilitating the daily morning briefing for on-call Department of Parks and
Wildlife, Department of Fire and Emergency Services (DFES) and Contract
Pilots and support crews;
(d) make contact with all pilots based in the designated region and the State
Airdesk;
(e) monitor operational radio for information on fire activity in the designated region;
(f) liaise with DFES aircrew; and
(g) complete District/Branch core role office based duties.
17.3
Rostering an Air Attack Supervisor is subject to operational requirements,
consistent with Clause 10.2 of this Agreement.
17.4 Where metropolitan based Air Attack Supervisors incorporate this function into their
normal duties overtime will be paid in accordance with c1ause12 - Fire Service
Overtime of this Agreement, when they are required to undertake duties outside of
their normal spread of hours and on weekends and public holidays.
18
AIR OPERATIONS SUPPORT CREW ALLOWANCE
18.1 The Air Operations Support Crew allowance of $6.48 per hour is payable to
employees who are directly involved in air operations, for the purpose of
implementing prescribed burning operations or wildfire suppression.
18.2
The Air Operations Support Crew allowance:
(a) does not apply until the commencement of aircraft operations at the designated
landing site; and
(b) for the duration of aerial prescribed burning or wildfire suppression operations
until:
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(i) wildfire suppression operations the aircraft has ceased prescribed burning or
wildfire suppression operations at the designated landing site; or
(ii) the aircraft departs the designated landing site to move to another
designated landing site.
18.3
The Air Operations Support Crew allowance is not payable during travelling time.
18.4
The Air Operations Support Crew allowance shall be adjusted in accordance with
movements arising from the State Wage Case as determined by the WAIRC.
19
REVIEW PROCESS
19.1
The parties recognise that there are a number of considerations underway which
may impact on fire provisions. The parties have committed to an annual review of
the following matters:
20
(a)
Increasing the minimum time off from Fire Availability from one in four to one
in three weekends;
(b)
Review of the safety net maximum of 28 consecutive days worked;
(c)
Options to commute part or all of the fire payments
(d)
Other such matters that may arise from reviews and recommendations by
Government that would directly affect the management of fires.
COPIES OF AGREEMENT
Every employee is entitled to have access to a copy of this Agreement either in
electronic or hard copy format as required.
20
21
SIGNATURE OF PARTIES
...... !.~.. ~... ~.~ .! .$~ ....... .
Date
Director General,
Department of Parks and Wildlife
w
~
...?>.j""? /. t? ..:......
(Signe~~~~·IY~·~···· ................. .
Date
Secretary
United Voice, WA
21