As the PSA advised on 9 August 2023 (see link to previous bulletin), the PSA has determined to prosecute the NSW Rural Fire Service in the Supreme Court for multiple breaches of your award conditions. The focus of the proceedings is, primarily, on two matters:
- The RFS’s failure to pay overtime in respect of employees performing work before 7:30am and after 6pm on weekdays or at any time on weekends or public holidays
- The RFS’s failure to allow employees to choose between paid overtime and leave in lieu of overtime (leave in lieu of overtime accrues at the same rate as overtime pay, unlike LA time).
The PSA is looking for members to join the proceedings as claimants against the RFS to obtain backpay of unpaid overtime and to assist the PSA in obtaining fines against the RFS for breaching your entitlements. If you have worked before 7:30am or after 6pm on a weekday or any time on a weekend or public holiday, and you want to obtain backpay of overtime, please complete the following survey.
There will be a separate survey coming out for PSA members in the OCC.
Survey:
The PSA is prosecuting the RFS for breaches of your award entitlements, including your entitlements to paid overtime or leave in lieu of overtime. The PSA will commence proceedings in the coming weeks and we would like to identify a handful of members to pursue backpay on behalf of. In order to obtain a binding precedent to compel the RFS to backpay all staff, the PSA is looking for a handful of members from across the RFS.