Industrial Relations Commission New South Wales Medium Neutral Citation: Fire Brigade Employees Union v Fire and Rescue NSW [2011] NSWIRComm 1023 Hearing dates: 31/03/11, 21/04/11 Decision date: 23 May 2011 Before: Ritchie C Decision: Order sought by applicant dismissed. Catchwords: Section 130 dispute. Employee injured at work. Returns to work with restrictions and works from another location carrying out alternate duties in accordance with medical restrictions. Works at this location for eight years and then is directed to transfer to another location to carry out other work in accordance with his medical restrictions. Refuses to transfer believes he holds a permanent position. Commission finds that he has never been made permanent, nor that he holds an operations support position. Orders that the transfer take place. Legislation Cited: Industrial Relations Act, 1996 Category: Principal judgment Parties: Applicant: NSW Fire Brigades Employees Union. Respondent: Fire and Rescue NSW Representation: Ms G Potter-Butler (Applicant) Mr B King (Respondent) Ms G Potter-Butler (Applicant) Mr B King (Respondent) File Number(s): IRC 108 of 2011 DECISION Background. 1The NSW Fire Brigade Employees' Union (the applicant) filed a dispute under section 130 of the Industrial Relations Act, 1996 (the Act) on 8 February 2011 against Fire and Rescue NSW (the respondent), concerning the transfer of a member of the applicant to another location. 2The dispute was listed for two compulsory conferences on 9 February 2011 and 21 February 2011 at the conclusion of which a Certificate of Attempted Conciliation was issued and a timetable for the filing and serving of evidence was provided to the parties. 3The matter was listed for hearing on 31 March 2011 but a further date was required when the Commission provided the respondent with the opportunity to file further evidence as a consequence of evidence that fell from the applicant's member during examination in chief. 4At the end of the hearing on 21 April 2011 the Commission reserved its decision. Applicant's Case. 5The applicant filed the following draft Order: (1)The Commission orders that the Fire and Rescue New South Wales confirm in writing that Mr Ivo Risti was permanently appointed to his position as a Hazmat Service Technician being paid at the Senior Fire fighter grade plus a superable Hazmat allowance. This written statement will include a commencement date that coincides with Mr Risti being declared medically unfit to return to operational duties. 6Ms Georgia Potter Butler, an Industrial Officer of the applicant union, filed an affidavit in reply but was not required for cross examination. Her affidavit placed into evidence correspondence, the Hazmat Restructuring Proposals and Organisational Charts dating from 2005 onwards. 7After the final day of Hearing held on 21 April 2011, the applicant wrote to the Commission with a copy to the respondent stating that the first two pages of annexure C to her affidavit had been created by an officer of the applicant and not as she had believed been submitted by an officer of the respondent. The respondent replied to the applicant's correspondence stating that the Hearing had concluded and that other than the comments made by the applicant's advocate inadvertently misleading the Commission with respect to annexure C's first two pages, no new information or submissions should now be accepted. In the circumstances it is my decision not take into consideration the first two pages of annexure C to exhibit A. 8The applicant's member Senior Firefighter Ivo Risti commenced employment with the respondent in 1984 as an operational firefighter and worked in several fire stations until he was transferred to the Guilford station in approximately 1989 where he worked until 2002. 9On 11 February 2002 he injured his back whilst at work and was off work on Workers Compensation for eight months. He returned to work on restricted duties and was placed at Greenacre in a position of Hazmat Service Technician. His job requires him to maintain, fix and check breathing apparatus. He has worked there continuously since that date. Since 2002 Senior Firefighter Risti has sporadically received Return to Work plans but stated that he has never met any of the rehabilitators. 10Senior Firefighter Risti stated that his current restrictions are lifting 10 kilos from floor to waist, 5 kilos overhead, sitting up to an hour, standing up to an hour, walking up to 45 minutes and travelling up to 30 minutes. He is also required to change position and posture frequently. 11On 10 October 2005 Senior Firefighter Risti was declared By Doctor Tania Rogers under the sub heading "Plan" - Permanent restricted duties. 12Since working in this position of service technician, Senior Firefighter Risti stated that he had never applied for a vacant permanent position as a service technician because he was told by his supervisors at the time that the position he was occupying was permanent. He named Mr John Bedford, Mick Brown and a Mr Robert as his supervisors. 13In cross examination Senior Firefighter Risit stated that he believed he became permanently employed at Greenacre when he returned from injury. He conceded that his payslips showed that he was referred to as a firefighter Guilford and that he has never received a letter of appointment to a job at Greenacre. 14He advised that several years ago he completed a fork lift license so he could lift items weighing more than 10 kilos as required. 15He also stated that he has completed various courses updating his knowledge and skills on breathing equipment. He stated that he was involved in the rolling out of new breathing equipment in 2003, is fully qualified to service the new equipment and can do the required engraving. 16He stated that his job requires him to maintain, fix and check breathing apparatus. The centre also maintain breathing apparatus for outside organisations such as the Police. He stated that he had to undergo training provided by the maker of the apparatus. He advised that since he became a qualified service technician he receives a Hazmat allowance of approximately $100 per week. 17He stated that he did not wish to medically retire and enjoyed the work that he did and took pride in what he did. 18He stated that over the years he had intermittent contact with a return to work co ordinator and return to work plans. He confirmed that he was advised by his specialist neurosurgeon in 2006 that he would never return to operational fire fighting. Also the Brigades Medical Officer stated that he would never return to fire fighting. 19Senior Firefighter Risti only recently became aware that a new role is being proposed called BA Hazmat Equipment Servicer. Senior Firefighter Risti had not seen annexure E of exhibit 1, which showed the current Hazmat Technical Service Centre Structure and could not locate his position. He stated that he could carry out all the duties found in annexure F( position description of BA/Hazmat Equipment Servicer) of the same exhibit except for the repairing of the gas detection units. 20On 27 January 2011 Senior Firefighter Risti received an email from Superintendent Paul Bailey stating that Senior Firefighter Risti's present position was temporary and that he was to be moved to unspecified suitable duties. 21Senior Firefighter Risti stated that after he received the email from Superintendent Bailey he went to speak with him. He was advised that as he had been in the Parramatta zone when injured eight years ago they were still paying him, not Hazmat and therefore they wanted him actually working in that zone. 22The applicant on behalf of its member emailed back to Superintendent Bailey and stated that Senior Firefighter Risti had been permanently redeployed to this position and that he could not be transferred. 23As the applicant received no response from Superintendent Bailey it wrote to Commissioner Mullins on 31 January 2011 again outlining its position stating that in their view displacing Senior Firefighter Risti from this position was a unilateral variation of his employment conditions. 24The respondent replied on 8 February 2011 that the suitable duties provided to Senior Fire fighter Risti were in accordance with their obligations under the Workplace Injury Management and Workers Compensation Act, 1988 and that suitable duties are at no stage considered permanent, unless the employee is formally and permanently redeployed into another role and that suitable duties are not substantive positions. 25It was the applicant's submission that the position held by their member was permanent and the work he carries out requires him to be at Greenacre because that is where the facilities are located. As Senior Fire fighter Risti has been declared medically unfit, he therefore occupies a permanent light duties position that enables him to carry out meaningful work. 26The applicant sought an Order from the Commission confirming that Senior Firefighter Risit's position is permanent and that the respondent not transfer him. 27In final submissions Ms Potter-Butler for the applicant stated that Senior Firefighter Risti after carrying out the job he has done for eight years, it was reasonable for someone to feel secure in their job, have ownership of that job and to feel that they will continue in that job. He was declared permanently unfit to carry out the role of an operational fire fighter in 2005 yet there was no response from the respondent. The job he does exists, and the work has to be done. What the respondent wants to do is have it done by someone else at a lower rate of pay, a clear economic motive. As this position is an operational support position then it does not fall under the same transfer arrangements as an operational fire fighter. It was her submission that the entitlement for permanency is created by the length of time. The issued raised of the payment of the relieving allowance and hazmat allowance she submitted is not relevant to these proceedings. She stated that correspondence dated 28 July 2006 from the Director of State Operations to the Union Secretary indicated the establishment of The Hazmat Technical Service Centre and its staffing which in her view included Mr Risti as a service technician. Respondent's Case 28It was the respondent's case that as a consequence of Senior Fire fighter Risti injuring himself in 2002 suitable duties were identified at the Greenacre Hazmat site in 2003 when he returned to work. 29They stated that Senior Fire fighter Risti reached maximum medical improvement and was declared fit for permanently modified duties on 25 June 2009. 30As the respondent can no longer continue to provide Senior Fire fighter Risti with modified duties at Greenacre they sought to transfer him to Metropolitan West 2 Zone Office, Harris Park to provide him with work which fits within his permanent medical restrictions. The nature of the work at Greenacre will not meet his current medical restrictions with respect to lifting and a limit on working 4 days per week. 31The respondent contended that a preliminary desktop evaluation of a position which would encompass the work which Senior Firefighter Risti performs indicates that the work value of the position is such that it would attract a salary of $43,558.67. Senior Firefighter Risti currently receives an annual salary of $75,166.36. 32Whilst the applicant stated that the respondent does not have the lawful right to transfer Senior Firefighter Risti to a position in Parramatta , clause 27 of the Fire Brigade Regulations 2008 provides that ' a fire fighter must serve wherever the fire fighter is directed by the Commissioner.' 33The respondent also stated that that in respect to the proposed draft Order that the position of 'Hazmat Service Technician' does not exist in the current structure of the respondent and cannot be created at the Senior Fire fighter rank. Also that there did not exist permanently modified substantive positions which met Senior Fire fighter Risti's medical requirements at Hazmat Technical Service Centre at Greenacre. 34They also stated that Senior Fire fighter Risti should not be confirmed as receiving the Hazmat Allowance as he is not 'qualified' or 'attached to' the BA/Hazmat Section at Sydney. 35Ms Prasanna Mantrala filed an affidavit but was not required for cross examination. Ms Mantrala currently holds the position of Acting Manager Payroll. Annexured to Ms Mantrala's affidavit were a sample of payslips of Senior Firefighter Risti for the period from February 2009 to March 2011 which showed that Ivor Risti holds the position of Relieving Fire fighter Guilford and the job of Firefighter. 36Superintendent Paul Bailey filed an affidavit and was subject to cross examination. He stated that he joined the respondent in 1984 and currently holds the rank of Superintendent and the position of Manager Hazmat Response Unit within the Specialised Operations Directorate. He has held this position since 21 June 2010. 37He stated that when Senior Firefighter Risti commenced at Greenacre whilst undergoing rehabilitation all servicing for hazmat equipment was undertaken at Greenacre. 38Senior Fire fighter Risti can only do such work that fits within his medical restrictions. This was the repair of Self Contained Breathing Apparatus(SCBA). 39Superintendent Bailey said that Mr Risti reached maximum medical improvement on 25 June 2009. 40He confirmed that correspondence was sent to Senior Firefighter Risti in late January 2011 that he would be provided with suitable duties at Metropolitan West,2 Zone Office, Harris Park. Also attached was a Return to Work Plan No.1 dated 25 January 2011. 41He also stated that Senior Firefighter Risti was not entitled to the Hazmat allowance of $97.90 per week as he did not meet the conditions required. He also advised that the position sought by the applicant of Hazmat Service Technician did not exist within the current structure of the respondent. 42Located at the Hazmat Technical Service Centre (HTSC) are the positions of Hazmat Technical Officer, Hazmat Project Officer and Hazmat Country Maintenance Officer. These positions are filled following applications and interviews based on merit selection. These positions are paid at the Operational Support Level 2. A rate of pay substantially higher than a Senior Firefighter. The role requirements for these jobs are outside the medical restrictions of Senior Fire fighter Risti. 43Superintendent Bailey stated that Hazmat Management had sought approval to employ a BA/ Hazmat Equipment Servicer who will be tasked with managing the servicing of hazmat equipment at the HTSC and will assist with the servicing of sets at the two other service locations within the state. He stated that this new role would encapsulate the work currently done by Senior Fire fighter Risti . 44It was his view that this new position will ensure an effective implementation process for the new equipment into operational stations and the provisions of an on-going service for both operators and maintenance. He then outlined a preliminary desktop evaluation of the draft position including that it would be a 'trades' position, working 5 days a week and a remuneration of approximately $44,000 per year. In cross examination Superintendent Bailey outlined what the new job would entail and that he had obtained funding for the employment of one person but he still has to put the job proposal up and has yet to get through the Government process. It was his view that Senior Fire fighter Risti does about 20% of the new prospective role. 45Superintendent Bailey outlined a new project of renewing all SCBA across the organisation. Over 1000 have been purchased and all require a significant amount of preparation work prior to allocation to operational fire stations. It will require a high volume structured process that requires constant supervision to enable the project to meet supply deadlines and achieve the required quality assurance outcomes. 46In examination in chief Superintendent Bailey outlined the role of the position of Operational Support Level 2 role of Hazmat Technical Officer. He did not believe that you could perform the role if you had medical restrictions especially because they are needed in an operational capacity. 47He also stated that that he wanted the person to carry out the new role working a five day a week and not restricted to 4 days a week as Senior Fire fighter Risti is. All persons working the same times/roster would ensure a cohesive team which leads to good management. He also believed that persons working part of the day alone became a security and safety issue. 48He stated that the process for recruiting or employing Hazmat Technical Officers at Operational Support level 2 would be to advertise through In Orders , applicants would be assessed, successful individuals interviewed and the successful applicant appointed. 49In cross examination Superintendent Bailey stated that at Greenacre there is only one position of Hazmat Technical Officer. The position of Hazmat Service Technician does not exist. Mr Bailey was quite firm in his view that there was no position description for the position that the applicant asserted Senior Firefighter Risti held. He also stated that attachment D to exhibit A was not an accurate document as "Service Technicians" do not exist. He also accepted that correspondence dated 28 July 2006 between the Director State Operations and the State Secretary of the applicant Union suggested there was technical service positions and alternate duty people as distinct categories. 50Superintendent Bailey stated that in early January 2011, he received a phone call from Rachael Boyd ,Business Manager at Metropolitan West 2 concerning Senior Firefighter Risti and how he was being paid, where the money was coming from, and whether Senior Firefighter Risti should stay where he is or return to his command at Metropolitan West 2. Senior Fire fighter Risti was being paid from Metropolitan West 2. The work Senior Firefighter Risti was doing would in the interim period looking to civilianise the position and expand its capabilities. 51Superintendent Bailey stated that the qualifications/requirements for the position description for BA/ Hazmat Equipment Servicer were determined by the Human Resources Department. 52In response to a question from the Commission as to why Senior Firefirghter Risti had been working in the one area for 8 years he stated that he thought it was convenient for both parties. What had recently changed was the way the Brigade has broken down the funding and allocating such money in a different fashion. Each area commander or superintendent has to report on a quarterly basis on where their money is being spent and why. As a consequence whilst West Command are still paying for Senior Fire fighter Risti he is working with a different command. 53Superintendent Bailey stated that he had either the option of transferring Senior Firefighter Risti to his specialised operations or allowing him to be moved back to his command that being the West Command. He did not wish to transfer Senior Firefighter Risti to his specialised operations because he did not have a position for him. 54Superintendent Bailey stated that whilst Senior Firefighter Risti could apply for the position of BA Hazmat Equipment Servicer, it would be a public service position not a firefighter, not in uniform and be based on merit selection. He also stated that the current work done by Senior Fire fighter Risti would be contracted out or we get the position that they are looking for to get up. 55Mr John Bedford filed an affidavit and was subject to cross examination. At the time of completing the affidavit he held the rank of Chief Superintendent for the respondent with his current position of Assistant Director Preparedness and response with the Specialised Operations Directorate. By the time he came before the Commission to give evidence Mr Bedford had retired, with his date of retirement being 15 April 2011. 56From 2001 to 2005 he held the position of Manager Hazardous Materials Response Unit with the Hazmat Service Centre falling under his responsibility. Senior Firefighter Risti worked on light duties as part of a return to work program during this period. Mr Bedford stated that during his time at the Hazmat Service Centre he had up to eight officers carrying out light duties some for up to two and a half years. 57Chief Superintendent Bedford rejected the allegation made by Senior Fire fighter Risti that he need not apply for advertised positions within the Hazmat Service Centre on the basis that he already held a permanent position at the Centre. Chief Superintendent Bedford stated that he made it a practice to encourage fire fighters who were on light duties to apply for positions which were advertised. He named two officers Mark Battrams and Michael Bretherton as persons on selected duties who applied for permanent positions within the Centre and were successful in obtaining permanent positions. They were successful as part of a merit based selection process. 58In final submissions Mr King for the respondent stated that there were two questions to be answered. The first being is Senior Firefighter Risti permanent at Greenacre and if not should he be made permanent ? It was the submission of Mr King that Senior Firefighter Risti was never permanently transferred to Greenacre and was never appointed to a position there. In his view he remains a firefighter at Guilford. The requirements of the new job are contrary to his medical restrictions as opposed to the job that the respondent wishes to transfer Senior Fire fighter Risti at Harris Park is in accordance with his medical restrictions. He also believed that he was not entitled to the hazmat allowance. Considerations and Decision. 59The facts of this case can be briefly stated that Senior Fire fighter Risti injured himself whilst working for the respondent in February 2002 and as a consequence was prevented from working for a period of eight months. His injury was accepted as workers compensation. Upon his return to work he did not return to the Guilford station because of medical restrictions but commenced work at Greenacre in the Hazmat Service Area. He has worked in this area ever since. 60On 27 January 2011 Senior Fire fighter Risti received correspondence stating that he was required to report to the Harris Park station and to continue to work there in accordance with his Return to Work Plan. In this position at Harris Park he would continue to receive his normal Senior Fire fighter rate of pay. 61Whilst Senior Fire fighter Risti worked at Greenacre he continued to be paid as though he was based at the Guilford Fire station as his pay slips clearly showed. 62Unsurprisingly at no time during his period of employment at Greenacre did Senior Fire fighter Risti receive correspondence from the respondent appointing him to a position at Greenacre. From the respondents point of view he was located at Greenacre carrying out selected duties. I note that the last two Return to Work Plans(exhibit F and G)state in bold print and underlined the phrase: This is not a permanent position. 63It was the respondent's submission and the evidence of Superintendent Bailey that the position sought by the applicant union in their draft order of Hazmat Service Technician did not exist and that attachment D to exhibit A was inaccurate. I accept this evidence. I found Superintendent Bailey to be a credible witness who whilst not being long in his present position, had a clear grasp of his department's structure and duties of the personnel within it. 64Part of the submission of Ms Potter- Butler was that the position carried out by Senior FireFighter Risti was that of an operations support position and therefore was not subject to the same transfer arrangements of an operational firefighter. Whilst she stated that an operational firefighter can be moved "all over the place", an operational support position needs agreement to a secondment or transfer. As no agreement exists therefore no transfer as required by the respondent can take place. She stated that Senior Firefighter Risti's position (operational support position) and his permanency was created by the length of time he has been in that position. 65Such a position is detailed in the Crown Employees (NSW Fire Brigades Permanent Firefighting Staff) Award 2008 ( the Award) in clause 14 Operational Support Positions. It states : Clause 14. Operational Support Positions Establishment of Operational Support Positions 14.1 Operational Support positions shall be identified and established as such by the Commissioner. 14.2 The format and content of each Position Description referred to in subclause 14.4 shall be determined by the Commissioner, but shall include, for each position: 14.2.1 Title; 14.2.2 Statement of duties; 14.2.3 Essential and desirable qualifications, which shall in all instances include a minimum operational rank of Qualified Firefighter; 14.2.4 Hours of work, specifying which roster is to be worked pursuant to Clause 8 of this Award; and 14.2.5 Operational Support classification, ranging from Level 1 to Level 3, which shall be determined by the Commissioner using the Hay job evaluation system. 14.3 Upon completion of the evaluation, a copy of the Position Description and the evaluation will be forwarded to the Union which may elect to provide a response within 14 days, and the Commissioner shall take any response into account before making a final determination. 14.4 14.4.1 A register of established Operational Support Position Descriptions shall be maintained by both parties. Once established, Position Descriptions may only be varied by the Commissioner, subject to 14.2 and 14.3. 14.4.2 The Commissioner will provide the Union with written notice of any variation to a Position Description. General Conditions for Operational Support Positions 14.5 Appointment to Operational Support positions will be determined solely on the basis of competitive merit selection and will be subject to the occurrence of a vacancy. Selection Committees shall be constituted in accordance with the Recruitment and Employment Guidelines of the NSW Public Service. 14.6 The rates of pay for employees occupying Operational Support positions are as specified in Tables 2.1 to 2.5 of Part C, Monetary Rates. 14.7 Unless expressly provided elsewhere within this Award, the general conditions of employment for occupants of Operational Support positions shall be the same as those applying to Operational Firefighters generally pursuant to subclauses 1.4 . and 1.5 of this Award. 14.8 All time spent from the commencement date of this Award by an occupant in an Operational Support Position shall count for the minimum periods of service in each rank pursuant to Clause 13 Progression and Promotion. 14.9 Occupants of Operational Support positions temporarily reassigned or otherwise attending any incident (as defined by this Award) shall revert to, and function in the capacity of their substantive operational rank for the duration of that time. 14.10 Occupants of Operational Support positions may at any time elect to resume duty in, and be paid the rate for, the employees' substantive rank. 14.11 The classification of Operational Support levels 4 and 5 were deleted on 19 September 2008 with the occupants of these positions reverting to the ranks of Superintendent and Chief Superintendent from 19 September 2008. 14.12 Occupants of level 4 Operational Support positions as at 19 September 2008 who revert to the rank of Superintendent under clause 14.11 shall continue to receive the rate of pay applicable to level 4 Operational Support positions as at 19 September 2008 indexed as shown at Table 2.5 of Part C unless and until promoted or otherwise no longer holding that position. 66To accept such a submission, the Commission would expect to receive evidence and documentation of the procedure that took place in accordance with the above clause between the respondent and the union, which finally resulted in interviews taking place and the merit selection and appointment of Senior Fire fighter Risti to an Operational Support position and being paid accordingly within Part C Table 2.1 to 2.5. 67Such documentation was not provided to the Commission and I do not accept that as a consequence of the passage of time Senior Fire fighter Risti can assume to have been permanently appointed to an Operational Support position which would thereby over ride the detailed requirements clearly expressed by the Award. 68I therefore find that Senior Fire fighter Risti has not been appointed to a permanent Operational Support position. 69Ms Potter -Butler's submitted that I should order that Senior Fire fighter Risti remain in his position at Greenacre and continue to do what he is currently doing. I have accepted the evidence of Superintendent Bailey that the position of Hazmat Service Technician does not exist. 70It is the plan of management to fill a full time position of BA/ Hazmat Equipment Servicer. This position as described by Superintendent Bailey will be tasked with managing the servicing of hazmat equipment at Greenacre and will assist with the servicing of equipment at two other locations within the state. The rate of pay ,classification of this position (considered a trades fitter/and or turner qualification position) ,duties and therefore award coverage will be significantly different to the duties and qualifications of Senior Fire fighter Risti. I also accept the evidence of Superintendent Bailey with respect to the requirements and duties of this position. 71The right of management to manage this Centre to meet the needs of the Brigade for now and in the future has to be recognised and accepted. 72The respondent seeks to transfer Senior Fire Fighter Risti from his present location at Greenacre to Harris Park. The description of duties that Senior Fire fighter Risti would carry out at Harris Park are expressed in the Return To Work Plan No.1 dated 25 January 2011 and have taken into consideration his medical restrictions as detailed in the plan. It is common ground that Senior Firefighter Risti will continue to be paid at the Senior Fire Fighter rate of pay. 73The Fire Brigades Regulation 2008 under the sub heading : 27 Performance of functions provides: (3) A firefighter must serve wherever the firefighter is directed by the Commissioner. 74Apart from the permanency argument which I have already dealt with, nothing was brought to my attention by the applicant concerning award considerations that would prevent such a transfer taking place. 75For these reasons I find that the proposed transfer of Senior Firefighter Risti from Greenacre to Harris Park should proceed in accordance with the requirements of the award. I so order. 76In reaching this conclusion I am mindful that Senior Fire fighter Risti has been located at the Greenacre site for some eight years and enjoys the work that he carries out. The respondent has allowed this situation to exist for some eight years. No doubt Senior Firefighter Risti has adjusted his circumstances on the basis ( although incorrect) that his position would remain unchanged. With these factors in mind and in order to avoid any unfairness being visited upon Senior Firefighter Risti, I make a recommendation ( in accordance with section 136(1)(a) of the Act) that the relieving allowance that he has enjoyed for some time be continued to be paid by the respondent. D.Ritchie DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 10 August 2011