You may recall in the Message from the Commissioner sent to all staff on the 12th August 2021 (Link to Email Here), a commitment was made:
“As I have said many times, we will not support changes to the RFS Award unless they are supported by staff. We have listened to your feedback, and we will not seek to implement the proposed changes”.
On 9 September, the NSW RFS (RFS) applied to the Industrial Relations Commission to make changes to the Crown Employees (Rural Fire Service) Award (“RFS Award”) under section 19 of the Industrial Relations Act 1996.
In simple terms the purpose of section 19 of the Industrial Relations Act 1996 is to modernise awards, to consolidate awards or to rescind obsolete awards. Changes under a section 19 review usually include updates to salary rates or update the terminology in awards (i.e. the word “shall” should become the word “will”). Section 19 does not allow for substantive amendments to be made to an award as this occurs via section 17, which is currently occurring via the ongoing RFS Award negotiations.
Under the section 19 review, the RFS is seeking to create new conditions that do not currently exist under the RFS Award, including:
- a clause to the effect that the RFS Award supersedes the conditions of the Crown Employees (Psychologists) Award in respect to the newly created psychologist and senior psychologist positions; and,
- the creation of a new classification and grades for RFS Officer Level D (OCC Operational Officer Level 3), psychologists and senior psychologists.
RFS employees who are either a psychologist or senior psychologist have an existing award, the “Crown Employees (Psychologists) Award”, and as such are entitled to the conditions of employment as set out in this award. They are also entitled to conditions as stipulated in the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 and the Crown Employees (Public Sector – Salaries) Award.
It is the PSA’s view that the amendments sought by the RFS are substantive changes to the RFS Award and RFS employees are entitled to be consulted on these amendments. The PSA also considers it to be manifestly unfair for the RFS to make amendments to the RFS Award, while changes that RFS employees have been seeking for several years remain tied up in the protracted and ongoing award negotiations.
You will recall in the Message from the Commissioner (12 August 2021) the following commitment:
“Given your feedback, we will now seek to develop protocols and guidance for better application of the current Award. This will include consultation with staff to confirm requirements for better practice and development of supporting materials that are member supported”.
Despite the above commitment, the RFS has not consulted with RFS employees on these substantive amendments.
At the Industrial Relations Commission hearing on 24 September the PSA opposed the RFS proposal to include the amendments put forward. The position of the PSA is that the amendments put forward by the RFS should be included in the section 17 proceedings currently before Chief Commissioner Constant and subject to the PSA consents (which will be guided by membership support). The section 19 matter is now listed for further mention on 19 October 2021.
Your union remains committed to working to protect your industrial rights and highlight areas of concern where and when they arise.
If you are a member affected and concerned by the proposed changes, contact a delegate (listed below), or your PSA organiser Glenn Duncan
Your NSW RFS Delegates