DETERMINATION

Fair Work Act 2009
s.156—4 yearly review of modern awards

4 yearly review of modern awards
(AM2014/202)

FIRE FIGHTING INDUSTRY AWARD 2010
[MA000111]


Fire fighting services
JUSTICE ROSS, PRESIDENT SENIOR DEPUTY PRESIDENT O’CALLAGHAN COMMISSIONER WILSON	MELBOURNE, 15 NOVEMBER 2016

4 yearly review of modern awards – substantive issues – part-time employment.

A. Further to the Full Bench decision issued by the Fair Work Commission on 15 November 2016 1 the above award is varied as follows:

1. By deleting clause 10—Types of employment—public sector and inserting the following:

10. Types of employment—public sector

10.1 Types of employment

(a) An employer in the public sector may employ a person in any classification in this award on a full-time basis.

(b) An employer in the public sector may employ employees at the classification Qualified Firefighter or above on a part-time basis.

10.2 Full–time employment

A full-time employee is an employee who is engaged to work an average of 38 ordinary hours per week.

10.3 Part–time employment

(a) A part-time employee is an employee who:

(i) works less than the full-time hours of 38 ordinary hours per week;

(ii) has reasonably predictable hours of work; and

(iii) receives, on a pro rata basis, equivalent pay and conditions to those full-time employees who do the same kind of work.

(b) At the time of engagement as a part-time employee, the employer and the part-time employee will agree in writing on a regular pattern of work, specifying at least the hours worked each day, which days of the week the employee will work and the actual starting and finishing times each day.

(c) Any agreed variation to the hours of work will be recorded in writing.

(d) An employer is required to roster a part-time employee for a minimum of three consecutive hours on any shift.

(e) All time worked in excess of the hours as agreed under clause 10.3(b) or varied under clause 10.3(c) will be overtime and paid for at the rates prescribed in clause 26.1 – Overtime—public sector.

(f) A part-time employee employed under the provisions of this clause must be paid for ordinary hours worked at the rate of 1/38th of the appropriate weekly rate prescribed in clause 15 – Minimum wages—public sector.

2. By deleting clause 22.2(a) and inserting the following:

(a) Full-time employees working a 10/14 roster will be rostered and work an average of 42 hours per week, two hours of which will be overtime work and paid for as such and the remaining two hours will be taken as annual/accrued leave in accordance with the roster laid down for this purpose. Part-time employees working a 10/14 roster will be rostered and work hours as agreed under clause 10.3 or varied under clause 10.4.

3. By deleting clause 22.3(a) and inserting the following:

(a) Full-time employees (other than recruits) who are not working a 10/14 roster will be required to work an average of 42 hours per week, two hours of which will be overtime work and paid for as such and the remaining two hours will be taken as accrued leave. Part-time employees who are not working a 10/14 roster will be rostered and work hours as agreed under clause 10.3 or varied under clause 10.4.

4. By deleting the phrase “a Fire Service Communications Controller” in clause 22.3(b) and inserting “a full-time Fire Service Communications Controller”

5. By deleting the phrase “Employees (other than recruits)” in clause 22.3(d) and inserting “Full-time employees (other than recruits)”

6. By renumbering clauses 22.4 to 22.8 as 22.5 to 22.9.

7. By inserting a new clause 22.4 as follows:

22.4 Day work

Employees may be employed on day work in which they may be required to work up to 10 ordinary hours per day, between the hours of 7.00 am and 6.00 pm, Monday to Sunday. If the employer and a majority of affected employees agree, up to 12 ordinary hours per day may be worked.

8. By deleting the phrase “varied for employees on special duties” in renumbered clause 22.5(b) and inserting “varied for part-time employees, employed on special duties”.

9. By deleting renumbered clause 22.8(b) and inserting the following:

(b) The hours of duty for full-time employees will be 42 hours per week over a seven day cycle. The hours of duty for part-time employees will be as agreed under clause 10.3 or varied under clause 10.4.

10. By deleting the word “Employees” in renumbered clause 22.8(e) and inserting “Full-time employees”.

11. By deleting clause 26.1—Overtime—public sector and inserting the following:

(a) Shiftworkers

(i) A shiftworker working a 10/14 roster or a Fire Service Communications Controller required to work in excess of a rostered shift or for more than four shifts in any one week will be paid for such additional time as overtime.

(ii) Subject to clause 26.1(a)(i), all time worked in excess of the daily or weekly ordinary hours of work is overtime and will be paid for at the rate of double time.

(iii) The rate used for the purpose of calculating overtime payments is 130% of the minimum weekly wage: 38 hours for employees in clause 15—Minimum wages—Public sector.

(iv) Overtime will be calculated to the nearest quarter of an hour.

(v) To remove doubt, no additional payment is made to an employee in respect of the average of two hours a week of overtime incorporated in minimum weekly rate payable to the employee.

(b) Day workers

All time worked in excess of the daily or weekly ordinary hours of work is overtime and will be paid for at the rate of double time save that any overtime worked on a public holiday will be paid at the rate of double time and half.

12. By deleting the phrase “public sector employees” in clause 27.1 and inserting “full-time public sector employees”.

13. By deleting the phrase “day workers” in clause 27.2 and inserting “private sector day workers”.

14. By deleting clause 28.3(a) and inserting the following:

(a) Notwithstanding clause 28.2, a full-time employee working the 10/14 roster and other full-time employees of public sector employers will be entitled to 65.06 days annual leave per annum inclusive of the NES. Part-time employees working the 10/14 roster will be entitled to annual leave on a pro rata basis of 65.06 days annual leave per annum inclusive of the NES. Such leave is to be taken on the following basis:

(i) for full-time employees subject to the 10/14 roster, such leave will be taken in periods of 28 calendar days within alternating periods of 20 weeks and 24 weeks; and

(ii) for other employees not subject to the 10/14 roster and for part-time employees, such leave will be taken within periods as reasonably prescribed by the employer. These employees will be required to take any public holiday on the date reasonably prescribed.

15. By updating the cross-references accordingly.

B. This determination comes into operation from 15 November 2016. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect until the start of the first full pay period that starts on or after 15 November 2016.

PRESIDENT

1 [2016] FWCFB 8025

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