Crown Employees (Fire and Rescue NSW Permanent Firefighting Staff) Award 2014 [2014] NSWIRComm 60

Industrial Relations Commission New South Wales Medium Neutral Citation: Crown Employees (Fire and Rescue NSW Permanent Firefighting Staff) Award 2014 [2014] NSWIRComm 60 Hearing dates: 28 August, 15, 22 and 29 September and 12 November 2014 Decision date: 18 December 2014 Jurisdiction: Industrial Relations Commission Before: Walton J, President Decision: The Commission confirms the order made on 12 November 2014 to make a new award known as the Crown Employees (Fire and Rescue NSW Permanent Firefighting Staff) Award 2014 in terms of the amended application in Annexure A to the affidavit of Ms Lawrence filed on 12 November 2014 in these proceedings Catchwords: Award - application for a new permanent firefighters award - interest based bargaining - reasons for decision Legislation Cited: Industrial Relations Act 1996 Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 Cases Cited: Crown Employees (Fire and Rescue NSW Retained Firefighting Staff) Award 2014 [2014] NSWIRComm 33 Category: Principal judgment Parties: Fire Brigade Employees' Union of New South Wales (Applicant) Fire & Rescue NSW (Respondent) Representation: M J Easton (Respondent) C S Read, G Lawrence and G Maniatis, Senior Industrial Officers (Applicant) B H King, Assistant Director, Employee Relations, and M Dolahenty, Industrial Officer (Respondent) File Number(s): IRC 123 of 2014

REASONS FOR DECISION 1These reasons are given in elaboration of the short ex tempore reasons accompanying a decision of the Commission delivered on 12 November 2014 to make a new award known as the Crown Employees (Fire and Rescue NSW Permanent Firefighting Staff) Award 2014 ("the Award"). This course was chosen because of the special circumstances which underpinned or accompanied the making of those orders. 2The Award is a product of many months of detailed negotiations between the industrial parties, the Fire Brigade Employees' Union ("the FBEU") and Fire & Rescue NSW ("FRNSW"), within the purview of the Commission in conciliation proceedings. The final form of the Award received approval from mass meetings of the members of the FBEU held between 29 October and 3 November 2014 (there were 1400 members in attendance). It follows that the proceedings before the Commission ultimately consisted of an application for a new consent award. 3The Award represents another milestone in the award regulation of firefighters engaged by FRNSW during this year. It follows upon the making of the Crown Employees (Fire and Rescue NSW Retained Firefighting Staff) Award 2014 (see Crown Employees (Fire and Rescue NSW Retained Firefighting Staff) Award 2014 [2014] NSWIRComm 33) and represents the continuation of the improvement of industrial relationships between the industrial parties to this Award. The complex negotiations needed to produce the consent Award required the industrial parties to act with maturity, intelligence and in the spirit of cooperation around a common set of goals or interests. The outcome is a classic illustration of interest based bargaining. 4The evidence before the Commission gave ample satisfaction that the Award has a great deal of industrial merit and serves the public interest. It complies with the requirements of the Industrial Relations Act 1996 including s 146C thereof when read in conjunction with the Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 ("the Regulation"). 5Mr C Read, who appeared with Ms G Lawrence and Mr G Maniatis for the FBEU, and Mr M Easton of counsel, who appeared for FRNSW with Mr B King and Mr M Dolahenty, provided, in written and oral submissions, a detailed exposition of the changes introduced by the Award. I do not propose to recount the very many variations to the Crown Employees (Fire and Rescue NSW Permanent Firefighting Staff) Award 2011 ("the 2011 Award") there described. It is sufficient to refer to two principal elements. 6First, the Award provides significant changes to the rank, pay and progression/promotion system within the 2011 Award. Apart from across-the-board salary increases conforming with the requirements of the Regulation, the Award affects changes in the classification structure by merging the ranks of "Firefighter level 1" and "Firefighter level 2" into a singular new classification of "Firefighter" and reducing the time required to reach the qualified Firefighter rank to two years. The classifications of "Station Officer level 1" and "Station Officer level 2" were combined into a new classification of "Station Officer" and there was created a new rank of "Leading Station Officer". Further, there were changes in relativities between Senior Firefighters and Station Officers level 1 and level 2 and the qualified Firefighter rates of pay. 7It should be noted that the parties reached agreement as to particular arrangements in relation to filling the positions of Leading Firefighters and Leading Station Officers, which arrangements were necessary in order to moderate employee-related expenses deriving from changes with respect to those positions. 8The clause of the Award dealing with promotion and progression was substantially changed with emphasis being given to 'competitive merit' and by the delivery of training and assessments being undertaken in more flexible and modern ways (reducing group face-to-face class time and the costs associated with the same). The amended clause in the Award, in this respect, introduced a requirement for relevant experience in the field in order to be promoted to Station Officer and Inspector positions ensuring experienced applicants. 9Secondly, changes to the higher duties arrangements were substantially revised and contributed to employee-related savings devoted to the satisfaction of the requirements of the Regulation. These new arrangements facilitate Leading Firefighters and Leading Station Officers acting up for absences of Station Officers and Inspectors, respectively. The evidence disclosed that this will substantially improve the agency's performance in relation to overtime and associated costs, allow fewer "relievers" at the Station Officer and Inspector ranks and allow those acting up to gain valuable practical experience and development. 10Reference should also be made to changes in operational support positions. Operational Support level 3 positions will progressively revert to their pre-2011 Award status of Inspector-rank positions resulting in the creation, over time, of 40 more senior officers that are available in the event of major and/or protracted emergency incidents. 11As to the overall consequences of this interest based bargaining, it is suffice to refer to the written submission of FRNSW, wherein it was stated: The new Permanent Firefighters Award is another landmark occasion for Fire & Rescue NSW. The new Award benefits firefighters, supports a culture of reward for individual effort and merit, the modernisation of systems and processes, breaks down structural rigidities and ensures more flexible deployment of resources to the benefit of the community. 12Ultimately, the industrial parties and their representatives should be commended for this singular achievement, particularly given the benefits it will afford the wider community. 13The Commission confirms the order made on 12 November 2014 to make a new award known as the Crown Employees (Fire and Rescue NSW Permanent Firefighting Staff) Award 2014 in terms of the amended application in Annexure A to the affidavit of Ms Lawrence filed on 12 November 2014 in these proceedings.