As mentioned in previous bulletins, the PSA has reached an in-principle agreement with the state to settle the PSA’s claim in the Supreme Court that the Rural Fire Service (RFS) has contravened the RFS Award and Conditions Award by failing to pay overtime to day workers and failing to provide leave in lieu of overtime to shift workers.

Before the PSA decides to formally accept the in-principle agreement, the PSA is conducting a vote of membership to confirm support for the agreement.

For a video presentation from General Secretary Stewart Little on this agreement and the subsequent vote, click HERE.

Overview of the agreement

The key terms of the agreement are:

1. The RFS concedes that employees are entitled to overtime pay and leave in lieu of pay if they work after hours at the ‘request or requirement’ of the RFS. This means that, for example, attending AGMs, training, hazard reductions, community engagement meeting (etc), after hours is overtime and employees can elect between overtime pay and leave in lieu of pay. In accordance with the Conditions Award, leave in lieu may be taken subject to the RFS’s convenience.
2. The state will create a fund containing $5,000,000 which will be distributed to all ‘eligible employees’. The fund will be distributed evenly and fully to all eligible employees, meaning all eligible employees will receive the same amount irrespective of length of service or the ACA.
3. The RFS will return to the negotiating table to discuss amendments to the RFS Award. If negotiations fail, the amendments will be arbitrated by the IRC.

Employees are eligible if they:

1. Sign a deed of release agreeing not to sue the state for unpaid overtime; and
2. Are employed by the RFS as a day worker under the RFS Award or Psychologist Award; and,
3. Have worked after hours since December 2017 without receiving paid overtime or leave in lieu of overtime (i.e. time off at the penalty rate equivalent).

In respect of point (a), if an employee does not sign the deed, their share of the $5,000,000 will be distributed to the remaining eligible employees.

In respect of point (b), this will be determined by an employee’s substantive role unless the employee is on secondment for a period greater than two months as of the date expected to sign the deed, in which case it is determined by the seconded role. We anticipate that the deeds must be signed around mid to late April.

The state will pay each ‘eligible employee’ the same amount, irrespective of length of service or the Annualised Conditions Allowance (ACA).  This is due to the RFS’s inability to prorate the payment based on both the length of service and the ACA. While this method of distribution is unequal, the payment is a bonus to the PSA’s primary goal in the proceedings of getting the RFS to pay overtime in accordance with the RFS Award moving forward. If the payment was to be prorated the reduction in payments to some staff was going to be returned to the State. As it stands now the full amount will be distributed to staff.

The PSA is a democratic and member-led union. As such, to ensure that the due process is undertaken, a vote will be undertaken.

The vote

The vote will open at 9:00am on 19 March 2025 and will close 5:00pm on 28 March 2025. Only PSA members will have a say.

The PSA and your Departmental Committee are encouraging a yes vote.

Please distribute this bulletin to any colleagues who may not be PSA members and encourage them to join their union so they have the opportunity to vote on this historic issue.

Why vote yes?

The in-principle agreement marks a landmark win for PSA members. It means that workers who are inconvenienced by working after hours are fairly compensated for doing so by either overtime pay or leave in lieu (at penalty rate accrual) – this is particularly significant during a cost-of-living crisis. As an added bonus, eligible employees will receive a portion of the $5,000,000 fund. Once this matter has finalised, the PSA will return to the bargaining table with the RFS to negotiate changes to the RFS Award to improve your conditions. A key focus of the PSA in those negotiations will be on improving the conditions of Mitigation crews and the OCC, in addition to all members in the RFS. If those negotiations fail, the PSA will move to arbitrate the RFS Award.

If the majority of membership votes ‘no’ and the PSA rejects the in-principle agreement, the consequence is that the proceedings will go to a hearing later this year. If the PSA loses, the RFS will be permitted to continue its practices of not paying overtime for after-hours work. If the PSA wins, the RFS will have to backpay the 5 day worker employees named in the proceedings and pay overtime prospectively – this is, the Court will not order backpay for all employees. In either case, negotiations on the RFS award will be delayed until the outcome of the proceedings.

After the vote

Once the vote has been conducted, the PSA will advise of the outcome and the next step.