As mentioned in previous bulletins, the PSA submitted a log of claims to the Rural Fire Service (RFS) in March this year. Members were also advised that the PSA was seeking wage increases for all employees using the past 23 years of work value. Those log of claims can be read HERE.
It is the PSA’s goal to have Industrial Relations Commission (IRC) vary the current award to give effect to the PSA’s claims. This can only occur in one of two ways: with the consent of the NSW Government or by contested hearing before the IRC (i.e. by arbitration). While the PSA hopes that the Government will consent, the PSA must proceed on the assumption that it will need to arbitrate the claims in the IRC.
The IRC is the independent industrial umpire responsible for setting fair and reasonable conditions of employment. Accordingly, while the PSA will pursue the claims effectively and in the interests of its members, there is no guarantee that the IRC will give effect to all of the PSA’s claims.
In arbitration, the PSA must address the IRC’s Arbitrated Case Principles. These principles are the measures for the IRC to make new awards or vary existing awards resulting in substantial changes to conditions of employment, including salaries. The PSA will be utilising the Work Value Changes Principle (applied from 2003) as a part of arbitrating the RFS award.
Concurrently, the PSA has filed an application in the Industrial Relations Commission to vary the Crown Employees (Public Sector – Salaries) Award also utilising the Work Values Changes Principle (applied from around 2011) to provide a 25 per cent wage increase over three years commencing from 1 July 2027. The Salaries Award applies to RFS employees.
The work value changes principle can only be used once – the IRC does not allow double dipping. That is, if the PSA relies on work value changes to obtain better conditions and salaries in the RFS Award, it cannot rely on work value changes to obtain an increase in the Salaries Award. Vice versa – if the PSA relies on work value changes to obtain an increase in the Salaries Award, the PSA cannot rely on work value changes to obtain better conditions and salaries in the RFS Award.
Given that work value changes will be central to the PSA’s case in both proceedings, the PSA needs to make a decision. The following options have been presented by the PSA to your delegates.
Option 1.
The work value changes principle is used to arbitrate the RFS Award to achieve the changes put forward by members in the log of claims. These claims now include a claim for a 25 per cent salary increase to the RFS Award. This allows for the Work Value Changes Principle to be utilised in full (from 2003) and individualises the arbitration case in front of the IRC to be RFS specific. This means that RFS employees will be excluded from the Salaries Award increase on 1 July 2027 as it will be applied through the arbitration of the RFS award effective on 1 July 2027.
Option 2.
The work value changes principle is used to arbitrate the Salaries Award to pursue 25 per cent increase to wages over three years. The Salaries Award increases will apply to the RFS. The work value changes in the RFS will be ‘spent’ as part of the Salaries Award arbitration. The PSA will not be able to rely on the work value changes to justify substantive improvements in the RFS Award (conditions or salaries), unless the RFS consents (which is unlikely). Consequently, the PSA will likely have to withdraw the RFS Award proceedings or limit the RFS Award claims to cost neutral changes.
Both options carry risk. It is possible that Option 2 may provide for a higher salary increase than option 1. However, Option 1 allows for the full 23 years of work value to be utilised compared to the roughly 17 years for Option 2. Option 1 allows for the arbitration case to be RFS specific in front of the full bench of the IRC compared to Option 2 where RFS members will be reliant on being a part of the arbitration case of the broader public sector. Option 2 also undermines the PSA’s ability to pursue the various conditions claims for the RFS Award.
The PSA endorses option 1. Comparison Table
| Award being Arbitrated | Work Values Changes Principle | RFS Specific Approach | Risk | |
| Option 1 | RFS Award | 23 years’ worth (since 2003) | Yes | Salaries increase possibly less than Option 2. |
| Option 2 | Salaries Award | 17 years’ worth (since 2011) | No | Changes to RFS award must be cost neutral or by consent from RFS. |
Your delegates have met with PSA legal to discuss these options and consider the respective risks. Your delegates are recommending Option 1 as the preferred legal pathway to improving RFS Members employment conditions including salary increases via changes to the RFS Award. It should be noted that future changes to the salaries award after 1 July 2028 will include RFS members. Your delegates are committed to making this a member driven process, you can register your support for Option 1 in the attached survey, which can be found HERE.