Crown Employees (NSW Fire Brigade Retained Firefighting Staff) Award 2008 (No 3) [2013] NSWIRComm 52

Industrial Relations Commission New South Wales Medium Neutral Citation: Crown Employees (NSW Fire Brigade Retained Firefighting Staff) Award 2008 (No 3) [2013] NSWIRComm 52 Hearing dates: 7 June 2013 Decision date: 21 June 2013 Jurisdiction: Industrial Relations Commission Before: Staff J Decision: 1In all the circumstances, having undertaken an assessment of factors relevant to the work value of retained firefighters who carry out Community First Responder ("CFR") work, I grant an increase of 7 per cent in the hourly rates of pay for these firefighters. The new hourly rates for what will be known as CFR Retained Firefighters, Levels A, B and C, CFR Captains and CFR Deputy Captains shall be struck by increasing the current rates as found in the Award for Retained Firefighters, Levels A, B and C and Captains and Deputy Captains by 7 per cent. 2Pursuant to s 17(3)(d) of the Industrial Relations Act 1996, I vary the Crown Employees (NSW Fire Brigade Retained Firefighting Staff) Award 2011 in accordance with the findings in this decision. 3I direct the Fire Brigade Employees' Union to file draft orders for variation of the Award reflecting this decision within seven days of the date of this decision. In this respect the parties should give consideration as to whether the variation should include a definition of CFR work. 4I again observe that it was common ground that the operative date of any increase would be dependent upon satisfying the requirements of s 146C of the Industrial Relations Act 1996 ("the Act") and the Industrial Relations Amendment (Public Sector Conditions of Employment) Regulation 2011. Catchwords: AWARD - variation - work value - new classification - quantum - requirements of s 146 of Industrial Relations Act 1996 Legislation Cited: Industrial Relations Act 1996 Industrial Relations Amendment (Public Sector Conditions of Employment) Regulation 2011 Cases Cited: Crown Employees (NSW Fire Brigade Retained Firefighting Staff) Award 2008 (No 2) [2013] NSWIRComm 34 Re: Crown Employees (NSW Fire Brigade Retained Firefighting Staff) Award 2008 [2012] NSWIRComm 122 Category: Principal judgment Parties: NSW Fire Brigade Employees' Union (Applicant) Fire & Rescue NSW (Respondent) Representation: Mr J Nolan of counsel (Applicant) Mr R Reitano of counsel (Respondent) NSW Fire Brigade Employees' Union (Applicant) Fire & Rescue NSW (Respondent) File Number(s): IRC 1485 of 2010