Section 19 review
You may recall in our most recent bulletin, the PSA highlighted its concerns to changes the Rural Fire Service (RFS) was attempting to make to your Award under a Section 19 review.
Under the Section 19 review, the RFS sought 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.
The Industrial Relations Commission (IRC) lacks the power to create new conditions that do not currently exist in the RFS Award under s 19. This is irrespective of whether the RFS and the PSA agree that the amendments should be made and this is irrespective of whether the amendments are “administrative” (as described by the RFS).
At the IRC on Wednesday 20 October, the PSA again expressed its concern to the Commission that the amendments sought by the RFS fell outside the Commission’s power under Section 19. The position of the PSA was that the amendments put forward by the RFS would need to be subject to the views of the Psychologists and OCC Level D Officers whom these amendments would affect. Accordingly, it was the PSA’s position that these amendments should proceed under a Section 17 variation, which would be subject to the PSA’s consent (as guided by membership).
Despite initially proposing to commence new Section 17 proceedings to give effect their amendments, the RFS decided to forgo its attempt to make its substantive amendments to the RFS Award
As a result, it would appear that the RFS has now walked away from the amendments concerning Psychologists and OCC Level D Officers.
If you are a Psychologist or OCC Level D Officer and you are concerned about your industrial entitlements, please contact the PSA today.
Section 17 Award variation (Award negotiations)
After commencing negotiations on variations to the RFS Award in 2016, in 2017, the PSA lodged an application in the IRC for a variation to the RFS Award under Section 17 of the Industrial Relations Act 1996 (NSW). This was the commencement of what has now become a protracted award variation proceedings that has spanned 4 years.
On 10 September 2021 the PSA sought your feedback on an amended set of proposed variations to the RFS Award to be put forward to the RFS for consideration in the award negotiations, these included 14 updated proposals that you as members voted on. The response received from membership was very much in favour of the proposals, as you can see HERE.
However, in response to the PSA’s request for a meeting to discuss the proposals, on 15 October the RFS sent a five-page letter to your union. The letter, in essence, advised that the RFS was no longer willing to negotiate with the PSA and preferred the current Award, with all its deficiencies, would remain. The basis for its position is that as the new proposals would result in an increase in the cost of your conditions, and as NSW Government policy requires awards to be in effect cost-neutral, the proposals cannot be made by the IRC.
However, our position is that under NSW Government policy, increases in costs can be offset by cost savings (which includes savings that arise from changes in work practices, as opposed to simply reducing wages and allowances). The PSA has previously identified to the RFS various sources of cost savings which could be used to offset the increased cost of your conditions without otherwise reducing your remuneration or other allowances. The RFS appears to have ignored the PSA’s various cost saving suggestions.
For the RFS to walk away from the negotiating table after four years of bargaining meetings is undoubtedly disappointing and raises the question as to whether your employer was ever committed to improving your conditions in the first place. Nevertheless, the PSA remains as committed as ever to improving your employment conditions, either by consent or by arbitrated hearing.
Next steps
At the hearing on Wednesday 20 October, Chief Commissioner Constant granted the PSA the liberty to file an amended award variation by 3 December 2021. We anticipate arbitrating this amended award variation in 2022.
Further communications will be supplied to you as our valued members in the coming weeks.
Your union remains committed to working to protect your industrial rights and highlight areas of concern where and when they arise.
If you wish to get more involved, have a colleague who wishes to join the PSA, or have questions, contact the PSA or one of your delegates listed below.