- TOLing off line for another week – update
- 514 Banora Point “here to stay”
- 16 Hour Maximum – it’s the law – update
TOLing off line for another week – update
SITREP 30/2012 reported that the Union had notified the Industrial Relations Commission of a dispute over the Department’s intention to commence temporarily taking permanent stations off line (TOLing). Last week’s hearing before the IRC’s Justice Backman resulted in the deferral of the introduction of TOLing for a week. A further hearing before Justice Backman yesterday led to agreement for a further deferral for another week, with the Union and Department to continue discussions between now and our return to the IRC again next Thursday, 16 August.
Meanwhile, and on the other side of the world, it was reported this week that a last-minute court order has forced the Yonkers (New York) Mayor to shelve a plan to take fire appliances off the street to cut overtime costs. Management had planned to remove up to two appliances from service for the day if insufficient firefighters showed up for work – a measure opposed by the union, which also rejected management’s claims of overtime blowouts caused by firefighter sick leave. The parallels continued when a Supreme Court Justice issued a temporary restraining order blocking the move at the union’s request.
514 Banora Point “here to stay”
We note with considerable satisfaction this week’s Commissioner’s Corner item on the opening of the refurbished Banora Point Fire Station – and particularly Commissioner Mullins’ confirmation that Banora Point Fire Station “is here to stay”.
It wasn’t so long ago that the Department was insisting that 514 Tweed River (now Banora Point) was no longer required and would therefore be closed, with its members to be “returned” to 468 Tweed Heads. Thankfully the FBEU’s officials and members took a different view back in 2001 and successfully argued to keep the station open and independent of 468 Tweed Heads. We don’t expect the FBEU received any credit for that at this week’s official opening, but not having received an invitation, we wouldn’t know.
16 Hour Maximum – it’s the law – update
As members were reminded in SITREP 23/2012, the Permanent Award’s subclause 8.11 prevents members from to working beyond 16 hours except in the case of “… an incident or other emergency circumstances”. Only a week later, the Union was alerted to a breach of subclause 8.11 after a decision to send a spare firefighter from Sydney to Newcastle in early morning peak hour traffic predictably backfired after the firefighter staying was forced and work beyond 1000 (and therefore 16 straight) hours.
Heavy traffic and the desire of local management to avoid a four hour minimum recall does not constitute an “emergency circumstance” – a fact openly acknowledged by Commissioner who today wrote to advise that “action has been taken in order that all staff in the Zone in which the incident occurred are fully aware that the conditions in the Award are not arbitrary and must be complied with”. We could seek to prosecute for this Award breach, but in view of the Commissioner’s unambiguous response, won’t. This time.
Jim Casey
State Secretary
Friday, August 10, 2012
NSW firefighter update @FBEU via SITREP | #NSWpol #AusMedia #FBEU #Ausunions
Friday, July 20, 2012
Fire station cuts 'big risk to community' - Via: Illawarra Mercury | #FRNSW @FBEU #NSWpol #Ausunions
http://www.illawarramercury.com.au/news/local/news/general/fire-station-cuts-...
Fire station cuts 'big risk to community'
MATTHEW JONES
20 Jul, 2012 12:00 AM
Dapto and Warrawong fire stations could face temporary closures within days, the Fire Brigades union said.
The warning came as the State Government moves to slash sick leave and overtime budgets.
The two stations are likely to be caught up in $70 million worth of cost-cutting, with Fire and Rescue NSW targeting sick leave and overtime costs.
Fire Brigade Employees Union state president and Dapto fire station chief Darin Sullivan said the cuts would mean an existing system, under which off-duty firefighters are called in to cover sick colleagues, would be scrapped in the short-term in favour of shutting stations temporarily.
"If Dapto or Warrawong fire station was offline, then that's obviously a reduced fire coverage and a risk to the community in those areas," he said.
Even if the union could ensure the two stations stayed open, it was likely a water tanker in Wollongong would be taken offline during staff shortages.
The tanker was only introduced a few months ago.
"It's also a reduced resource for the entire Illawarra - those appliances don't just serve the local community of those areas, they respond to all large fires and incidents in the Illawarra," he said.
Mr Sullivan said firefighters were unlikely to find out the full impact of the changes to sick leave coverage until after they were implemented.
"I don't think we'll find out until they start taking [stations and appliances] offline," he said.
In a letter to the fire brigades union, Fire and Rescue NSW Commissioner Greg Mullins said there was a need to rein in "very high levels" of sick leave and review overtime.
Firefighters were also previously facing cutbacks to the NSW WorkCover compensation scheme, including loss of payouts for injuries suffered while travelling to and from work. But the State Government exempted them from those cutbacks after a day of industrial action in June.
Mr Sullivan said there were no immediate plans for more industrial action.
Thursday, July 19, 2012
Friday, July 13, 2012
NSW Firefighter update via SITREP @FBEU | #FRNSW #FBEU #Ausunions #NSWpol
July 13, 2012
- EOI’s, secondments and higher duties
- Learning Solutions Online – good bye to QUAD
- Who voted
LiberalNational? Grafton Gaol closedEOI’s, secondments and higher duties
Union representations on behalf of members who were successful in their application to perform temporary secondments/higher duties only to be refused release by their regular supervisors (usually zone management) have led to the Department confirming that only in “exceptional circumstances” should the successful applicant not be released to perform such duties.
While refusing to be drawn on exactly what these “exceptional circumstances” might be, the Department also agreed that the successful applicant should be the applicant who demonstrates the most merit for the position, not the applicant whose absence will cause the least amount of overtime or disruption for their zone. It follows that members do not require the prior approval of their supervisor(s) in order to apply for secondment/higher duties.
Members who are successful in an EOI but then refused permission to act in a temporary position should contact the Union for further advice.
Learning Solutions Online – good bye to QUAD
The Union has agreed to the use of a new online system for recording members’ qualifications to replace the current Qualification Database (QUAD). The new system will also allow members to keep track of the units of competency they are undertaking, see what study they need to undertake for further progression and promotion and also when assessments are scheduled to be held.
Members are still advised though to ensure that they retain copies of any academic transcripts of certificates arising out of training and to ensure that they keep a record of when they seek to be assessed as this may be required to verify date of promotion.
Who voted Liberal National? Grafton Gaol closed
Another week, another atrocity from the O’Farrell Government – this time the closure of Grafton Gaol with the loss of 108 jobs.
For over five days a picket of between 300 and 500 workers and residents prevented the movement of prisoners and equipment out of the facility. The impact of the closure upon Grafton will be severe, coming after a number of major businesses shutting down or downsizing over the last eighteen months. Local anger was such that the sitting member, Nationals MP Chris Gulaptis, broke ranks with the Government and joined the protesters. The picket was finally lifted when the Police riot squad was deployed.
The community campaign against the closure showed real courage. While the picket was inspirational, it also was clearly not enough. This issue united a community who voted for the O’Farrell Government, and still the Government crushed them. More service and job cuts are coming – literally thousands of them – in FRNSW as much as any other agency.
Jim Casey
State Secretary
Saturday, July 7, 2012
Who Voted Liberal? NSW firefighter update @FBEU via: SITREP | #FBEU #AusUnions #NSWpol
July 6, 2012
Who voted Liberal? Update on NSW Budget cuts
Financial relief for members who went on strike on 21 June 2012
Tax time – reminder to claim your Union dues
- Meal and travel allowance increased from 1 July 2012
Who voted Liberal?
Update on NSW Budget cuts
As reported in SITREP 24/12, the O’Farrell Government’s June Budget imposed across-the-board cuts which, in the case of FRNSW, will require employee-related expenses to be slashed by $7.6M in 2012/13, and by a cumulative $64M over the coming four years.
It is no secret that management is now canvassing all sorts of unprecedented cost-cutting measures, including taking permanent stations off-line in order to reduce overtime expenditure. The rumour mill has gone into overdrive about what sort of changes and cuts the Union has already agreed to. The truth is that the Union and Department remain in discussions and nothing (I repeat, nothing) has been agreed.
The Union does not accept the loss of any fire cover (however temporary), but also recognises that less overtime is a better option than forced job losses. And make no mistake, with budget cuts of this scale and O’Farrell’s confirmation that we are not “frontline workers”, this is what is now at risk. More to follow.
Financial relief for members who went on strike on 21 June 2012
The State Committee has approved the use of the Union’s Award Fighting Fund to provide financial relief for the hundreds of FBEU members who engaged in the Union’s successful strike against the O’Farrell Government’s workers compensation laws on 21 June 2012.
Members who took strike action on 21 June 2012 and who:
a) make application for relief by no later than 1 October 2012 on the approved form (which can be downloaded here); and
b) provide evidence that their wages were docked in the form of the relevant pay advice;
will be reimbursed from the Union’s Fighting Fund at the rate of $29 for each hour, or part thereof (to the nearest fifteen minutes) that they were docked.
Tax time – reminder to claim your Union dues
With the end of the financial year, members are reminded (and certainly advised) to claim your Union dues as a work-related tax deduction for the 2011/12 year. This amount should appear on your PAYG Payment Summary (ie, Group Certificate) issued by FRNSW.
Meal and travel allowance increased from 1 July 2012
Certain allowances in both the Permanent and Retained Awards increased on 1 July 2012. The accommodation, meal and incidental allowances have been determined at a level consistent with the reasonable allowance amounts for the 2012/13 financial year as determined by the Australian Tax Office (ATO) and the Sydney CPI increase for the March quarter. The updated meal and travel allowances can be downloaded here. While the Department is not expected to pay these new rates until they have been published in Commissioner’s Orders, members are advised to claim the new rates immediately.
Jim Casey
State Secretary
Sunday, June 24, 2012
Thankyou from FBEU: The 20 NSW MP's who voted to support firefighters and paramendics re #Workcover in #NSWpol
| Name | Position | Contact Details | Photo |
|---|---|---|---|
| Barham, Jan |
| Phone (02) 9230 2603 Fax (02) 9230 2766 jan.barham@parliament.nsw.gov.au |  |
| Borsak, Robert |
| Phone (02) 9230 2850 Fax (02) 9230 2613 robert.borsak@parliament.nsw.gov.au |  |
| Brown, Robert |
| Phone (02) 9230 3059 Fax (02) 9230 2613 robert.brown@parliament.nsw.gov.au |  |
| Buckingham, Jeremy |
| Phone (02) 9230 2202 Fax (02) 9230 3341 jeremy.buckingham@parliament.nsw.gov.au |  |
| Cotsis, Sophie |
| Phone (02) 9230 2080 Fax (02) 9230 3056 sophie.cotsis@parliament.nsw.gov.au |  |
| Faehrmann, Cate |
| Phone (02) 9230 2320 Fax (02) 9230 2420 cate.faehrmann@parliament.nsw.gov.au |  |
| Fazio, Amanda |
| Phone (02) 9230 3593 Fax (02) 9230 3591 amanda.fazio@parliament.nsw.gov.au |  |
| Foley, Luke |
| Phone (02) 9230 2927 Fax (02) 9230 3349 Luke.Foley@parliament.nsw.gov.au |  |
| Green, Paul |
| Phone (02) 9230 3484 Fax (02) 9230 2342 paul.green@parliament.nsw.gov.au |  |
| Kaye, John |
| Phone (02) 9230 2668 Fax (02) 9230 2586 john.kaye@parliament.nsw.gov.au |  |
| Moselmane, Shaoquett |
| Phone (02) 9230 2526 Fax (02) 9230 2722 shaoquett.moselmane@parliament.nsw.gov.au |  |
| Nile, Fred |
| Phone (02) 9230 2478 Fax (02) 9230 2098 F.Nile@parliament.nsw.gov.au |  |
| Primrose, Peter |
| Phone (02 9230 2686 Fax (02) 9230 3498 peter.primrose@parliament.nsw.gov.au |  |
| Searle, Adam |
| Phone (02) 9230 2160 Fax (02) 9230 2522 adam.searle@parliament.nsw.gov.au |  |
| Secord, Walter |
| Phone (02) 9230 2111 Fax walt.secord@parliament.nsw.gov.au |  |
| Sharpe, Penny |
| Phone (02) 9230 2741 Fax (02) 9230 2589 Penny.Sharpe@parliament.nsw.gov.au |  |
| Shoebridge, David |
| Phone (02) 9230 3030 Fax (02) 9230 2159 david.shoebridge@parliament.nsw.gov.au |  |
| Westwood, Helen |
| Phone (02) 9230 2043 Fax (02) 9230 2094 helen.westwood@parliament.nsw.gov.au |  |
| Whan, Steve |
| Phone (02) 9230 3324 Fax steve.whan@parliament.nsw.gov.au |  |
| Donnelly, Greg |
| Phone (02) 9230 2280 Fax (02) 9230 2585 greg.donnelly@parliament.nsw.gov.au |  |
| Voltz, Lynda |
| Phone (02) 9230 2970 Fax (02) 9230 3043 lynda.voltz@parliament.nsw.gov.au |  |
Saturday, June 23, 2012
#FireStrike UPDATE: Victory for NSW firefighters @FBEU + #Ausunions
June 22, 2012
Inside this issue:
- O’Farrell rolled – firefighters Workers Comp saved
- Union wins Easter Sunday public holiday dispute
- Permanent members’ annual leave balance adjustment – update
O’Farrell rolled – firefighters Workers Comp saved
“If you think I am angry, you are right” thundered Premier Barry O’Farrell yesterday. Unfortunately for O’Farrell and his Government, the hundreds of striking firefighters with their appliances outside were proof that he was not alone.
Ordinarily, bills of this sort of complexity are tabled for several weeks to allow the Opposition and others the opportunity to properly review them but this rotten Government, knowing just how crook its reforms really were, rammed them through within two short days. The Government set the timetable, not us. If O’Farrell hadn’t tried to ram through these reforms overnight, we would have been able to meet with them and work through the issues without the need to strike.
O’Farrell also slammed yesterday’s strike as “one of the most irresponsible actions I have ever heard of by a public sector union in the history of this State” – a big call by any measure. What the Premier did not know was that it would soon become one of the more successful actions by a public sector union when, at 0230 hours this morning, Parliament voted to exclude firefighters and paramedics from the reforms.
The Union welcomes Parliament’s decision to exempt us from these savage new laws, but insists they must still be scrapped for all workers. The FBEU will continue to wholeheartedly back Unions NSW, other affiliates and the broader labour movement in the ongoing campaign to defend sick and injured workers in this state.
It was also widely misreported that we have been ordered not to strike for the next three months and further, that the Union’s officials have agreed to this. The somewhat different truth is that the IRC yesterday made an Award which requires that if we do strike again within the next three months, that skeleton staffing is to be provided.
The decision to strike without skeleton crews was a difficult one. The State Committee did not recommend it, nor the members vote to support it, lightly. But our decision was vindicated by the result.
My congratulations again to all members, and particularly to the hundreds of members who stopped work yesterday. Make no mistake, the media attention that your action generated fueled the political pressure that followed. Every firefighter who, from this day on, suffers a workplace injury (a regrettably inevitable fact of life in our profession) is now in your debt. The Union’s Fighting Fund will again provide financial relief for striking members whose pays are docked. Further details to follow.
While we can be rightly proud as a Union that through strong action we have been able to successfully defend our existing workers compensation rights, members should remain mindful that further attacks are coming. The O’Farrell Government is busy shifting the wealth of the State from those who work for a living to the top end of town. That’s why they’ve attacked workers comp, why they’ve slashed our budget and why they’re slashing wages. We’ve won this round only.
Union wins Easter Sunday public holiday dispute
Further to SITREP 19/2012, the Industrial Court’s Justice Haylen yesterday handed down the judgment in our dispute with the Department over the treatment of the Easter Sunday public holiday. In short, we won and the Department (which strongly resisted every attempt by the Union to settle the dispute by negotiation) was belted in a decision which, according to its own calculations, will now cost the Department over $1M in retrospective consolidated leave and an additional $500K every year after that.
Because the Union’s position that Easter Sunday should be treated as an additional public holiday for the purposes of sub-clause 6.4 of the Permanent Award prevailed, any permanent member who actually worked on Easter Sunday 2011 or 2012, and indeed who works on any future Easter Sunday holiday, is entitled to be credited the same number of hours of consolidated leave as those hours actually worked by them on that day.
Permanent members of Inspector rank or below should now have their consolidated leave balances adjusted:
- for those who worked on Easter Sunday 2011 (24 April):
A Platoon = 6 hours consolidated leave (1800 to 2400 hours);
B Platoon = 8 hours consolidated leave (0001 to 0800 hours);
D Platoon = 10 hours consolidated leave (0800 to 1800 hours) and
E Platoon = 12 hours consolidated leave (0600 to 1800 hours).
and
- for those who worked on Easter Sunday 2012 (8 April):
A Platoon = 10 hours consolidated leave (0800 to 1800 hours);
B Platoon = 6 hours consolidated leave (1800 to 2400 hours);
C Platoon = 8 hours consolidated leave (0001 to 0800 hours) and
E Platoon = 12 hours consolidated leave (0600 to 1800 hours).
Think of this as a gift from the outgoing Keneally Labor Government, which in its dying days legislated for Easter Sunday to be an extra public holiday (see SITREP 42/2010, “Additional gazetted holiday bonanza, Part 2”).
Members who worked overtime on either day are also entitled to be credited the same number of hours of consolidated leave as those hours actually worked by them on that day. This consolidated leave credit is in addition to the penalty rates paid for the overtime worked.
Only those members who actually worked on Easter Sunday are entitled to the additional consolidated leave. It follows that members who were rostered to work on Easter Sunday but did not actually work on the day due to any form of leave or a part-change of shift are not entitled to the additional consolidated leave and further, that members who perform a part-change of shift then on the additional public holiday get the consolidated leave, not the member who was originally rostered to work that day.
Permanent members’ annual leave balance adjustment – update
The Union has reviewed the Commissioner’s message regarding the 38-hour leave payroll error and can confirm the proposed correction appears to be in accordance with the Award. The correct accrual of 38-hour leave is 91.2 hours per annum, which is 3.5 hours per fortnight – not 4 hours.
Whilst it is correct that firefighters get 2 hours per week of 38 hour week to compensate for working an average 42 hour week, there are not an equal number of fortnights per annum and some of that leave is credited as consolidated leave.
Affected members should have now received letters advising them of the impact on their personal leave balances. Given that some 77 fortnights have passed since the error was made most members would have accrued approx. 39 additional hours of 38-hour leave.
For a full explanation of permanent firefighter annual leave, how it is calculated and how it is taken members should read the ‘Hitch Hiker’s Guide to Annual Leave in FRNSW’ on the Union’s website.
The Commissioner’s message that ‘this is of little or no consequence to officers and firefighters on the 10/14 roster who are on annual leave groups – it is merely an incorrect “book entry”’ is somewhat misleading. The reality is members, particularly retiring members, are going to notice that loss of leave, almost a week’s worth, albeit a week they were not supposed to get. Nice to know that management thinks we can afford to lose a week of leave here and there.
Regarding 38-hour leave more generally, members are reminded that you may be entitled to a credit of consolidated leave if you are transferred to a different annual leave group and that transfer was not at your request (see Union notice: Leave Audit dispute settled). Claims for such credits should be made at the time of the leave group change using the Union’s Change of Annual Leave Group form also on the Union’s website.
Jim Casey
State Secretary
While we can be rightly proud as a Union that through strong action we have been able to successfully defend our existing workers compensation rights, members should remain mindful that further attacks are coming. The O’Farrell Government is busy shifting the wealth of the State from those who work for a living to the top end of town. That’s why they’ve attacked workers comp, why they’ve slashed our budget and why they’re slashing wages. We’ve won this round only.
#Firestrike media from yesterday @FBEU | #Ausunions #Workcover
A real dampener ... NSW firefighters hose the roof of Parliament House in protest of the proposed workers compensation laws. Photo: Simon Alenka
Fire brigade officers attended a house fire in Sydney yesterday on their way to a strike outside Parliament House in protest against the government's controversial changes to the workers compensation scheme.
Fire trucks blockaded Macquarie Street in the city and turned their hoses on Parliament House before drowning it out with the sound of their blaring sirens.
The government's controversial workers compensation laws passed the upper house last night with the support of Christian Democrats MP, Fred Nile. The changes were supported by government and crossbench MPs, 19 votes to 16 shortly after 2am today.
Advertisement: Story continues belowA government spokesman said it did not support multiple amendments put forward by the opposition and the Greens.
However, it would support those put by Mr Nile including one to reinstate the coverage of journey claims, abolished in the new bill.
The amendment says journey claims will be covered "if there is a real and substantial connection between the employment and the accident or incident out of which the personal injury arose".
Greens MP David Shoebridge said Mr Nile had been "sold an utter pup by the government" because the amendment failed to provide any additional protection for workers injured in journeys to or from work.
"This rules out 99 per cent of journey claims and gives workers no protection at all," he said.
"Fred Nile has either been sold a lemon by the government or has deliberately misled the public."
A house at Campbell Street, Ramsgate, caught fire about 1pm when two fire crews from Hurstville and Kogarah were on their way into the city to protest.
A Fire and Rescue NSW spokeswoman said the crews attended within 13 minutes of the call to put out the fire.
They were later replaced by the Aviation Rescue and Firefighting Service before joining their colleagues from Sydney, Newcastle and Wollongong who left stations unmanned from 1pm to 6pm.
Premier Barry O'Farrell applauded the crew for responding to the Ramsgate fire but was angry about the strike and the fire brigade officers' failure to provide skeleton staff to protect public safety during the strike.
"That is one of the most irresponsible actions I've ever heard of from a public sector union in the history of this state," he told Parliament.
It is the first time firefighters have staged a major strike in NSW since 1956.
FBEU state secretary Jim Casey said the strike action "was about gaining an exemption for fire officers in order to be consistent with exemptions for police and rural fire service volunteers".
"It appears that has not occurred but we view this as a marathon not a sprint and firefighters will continue to take whatever action we think is necessary to defend ourselves and our industry," she said.
http://www.smh.com.au/nsw/duty-calls-before-protest-20120621-20qyq.html
Friday, June 22, 2012
OUCH! Multiple choice @BarryOFarrell from yesterday's #Firestrike | #FBEU + #AUSUNIONS = #Win
AAP
NSW Premier Barry O'Farrell has conceded that the reformed WorkCover scheme is messy because the amended version excludes firefighters and paramedics.
The state government's changes to workers' compensation passed through the upper house of parliament shortly after 2am (AEST) on Friday, following the first general strike by firefighters since 1956.
The coalition used its numbers in the lower house less than an hour later to rubber-stamp the amendments made in the Legislative Council.
Advertisement: Story continues belowBut Mr O'Farrell is disappointed that conservative crossbench MPs in the upper house voted for a Greens amendment to have firefighters and paramedics exempted from having their benefits and medical expenses capped.
"That's a mess that's been created by an amendment passed by the Greens, Labor, Christian Democrats and Shooters last night," he told ABC Television on Friday.
"The question now is the Labor Party, the Greens, the Shooters, the Christian Democrats having exempted paramedics and firefighters, what do they say to nurses?"
The government had initially proposed to have only police excluded as part of a plan to trim WorkCover's $4.1 billion deficit.
The amendments in the upper house emerged after about 800 firefighters in Sydney, Newcastle and the Central Coast walked off the job in protest on Thursday.
Unions claimed victory on Friday for firefighters, saying they would not have won exemptions if they hadn't taken the extreme action of staging their first general strike in 56 years.
"Their strike really sharpened the focus of the parliamentarians, and that's why the exemption was achieved," Unions NSW secretary Mark Lennon told reporters in Sydney.
"(It was) one of the most remarkable protests outside Parliament House in my time as a union official."
Fire Brigade Employees' Union secretary Jim Casey said the action was "tragic" but effective.
"It's quite clear that the action we took played a significant role," he said, adding that the union would continue opposing the WorkCover reforms.
Opposition Leader John Robertson welcomed the exemptions but said all workers should have been treated the same.
"Nurses, retail workers, construction workers (and) truck drivers ... all deserve the same protections if they're injured at work," Mr Robertson told reporters in Sydney.
"There are dangerous jobs and what Barry O'Farrell has done is set up two standards of workers."
Greens MP David Shoebridge said the firefighters' strike should act as an inspiration to other workers who should also have been exempted.
"Well, the record's in - if you stand up to this government, if you stand up united, you can get your victories," Mr Shoebridge said.
The upper house also agreed to an amendment from Christian Democrats MP Fred Nile for workers to be covered for journey claims.
Mr O'Farrell said that under the South Australian model agreed to by the government following negotiations with crossbench MPs, work-related injuries suffered during travel to or from work would be covered.
"A priest ... on a road at night who comes across an accident scene who's delivering the last rites, who's then hit by a truck that goes past would be covered," he told ABC television.
This is what happens when you take on:
a) Something you know nothing about
b) Workers instead of insurance companies
c) Firefighters who fight as a team for a living
d) Inconsistent policy
e) all of the above
Your answer?
Footage of Striking firefighters hosing down NSW Parliament yesterday @FBEU #Firestrike | #FBEU #AUSUNIONS #Workcover #NSWpol
NSW firefighters held their first all-out strike in 56 years on June 21, 2012 to protest attacks on workers compensation rights by the O'Farrell Liberal-National state government. Firefighters sealed off Macquarie Street, Sydney, and hosed down Parliament House. We won a partial victory in the form of an exemption of firefighters from the new laws severly restricting workers claims for workplace injuries. However, the fight continues for other workers in NSW.
How ABC PM reported the NSW #Firestrike last night | #FBEU #AUSUNIONS #Workcover #NSWpol
How ABC PM reported the NSW Fire Strike last night:
NSW Firefighters strike over workers compensation cuts
Updated June 21, 2012 20:24:00
Firefighters in NSW have gone on a one-day strike over cuts to the state's workers' compensation scheme which would see many payouts halved for workplace injuries. Firefighters doused NSW Parliament House with a high-pressure water cannon and blocked Macquarie Street in the Sydney CBD.
http://www.abc.net.au/news/2012-06-21/nsw-firefighters-strike-over-workers-co...
Fire fighters and paramedics exempted from workers compensation changes « Australian Emergency Law #Firestrike | #AUSUNIONS #Workcover
Fire fighters and paramedics exempted from workers compensation changes
In Ambulance, Fire, Legislation and plans, OHS, Rescue, Volunteer compensation on June 22, 2012 at 4:02 pmThe NSW Government has introduced significant changes to the workers compensation scheme in NSW. It is beyond the scope of this blog to identify all those changes, I’m sure there are ‘workers compensation’ blogs that will be able to give us all the details.
What is of note here is that the original bill, the Workers Compensation Legislation Amendment Bill 2012 said:
25 Police officers,
The benefits amendments do not apply to or in respect of an injury received by a police officer (before or after the commencement of this clause), and the Workers Compensation Acts (and the regulations under those Acts) apply to and in respect of such an injury as if those amendments had not been enacted.
The Bill amends the ‘Workers Compensation Act 1987 and other Acts with respect to the reform of the NSW workers compensation scheme.’ The effect of Schedule 12, Clause 25 (above) is to create two workers compensations schemes in NSW. One for police, who get all the benefits on the Workers Compensation Act 1987 as it was on 21 June 2012; and one for everyone else.
Following protests and strike action by firefighters employed by NSW Fire and Rescue, last minute changes were made as the Act went through the Parliament. The Bill as passed now says:
25 Police officers, paramedics and firefighters
The amendments made by the 2012 amending Act do not apply to or in respect of an injury received by a police officer, paramedic or firefighter (before or after the commencement of this clause), and the Workers Compensation Acts (and the regulations under those Acts) apply to and in respect of such an injury as if those amendments had not been enacted.
That’s all well and good if we’re happy for there to be a two tiered workers compensation scheme in NSW but it has its own problems; ‘paramedic’ and ‘firefighter’ are not defined. As has been noted elsewhere on this blog, paramedics are not registered health professionals so it’s not at all clear who is a paramedic. One day a court is going to have to decide that issue given this law. A person who has a degree in paramedic and works as an industrial health care officer could well be a paramedic, as could someone without that degree? And why should they get the old scheme when a nurse, also working in an industrial health care setting will not? What about a trainee ambulance officer? What about firefighters? Again that phrase is not defined so a person who works as a firefighter but not for NSW Fire and Rescue is surely a firefighter. What if they do those tasks as only part of their job?
There are two objections here. One is that we have a two tiered scheme in the first place. According to the ABC:
Shadow treasurer Michael Daley says the legislation goes to far.
“We now have the most harsh workplace injury laws in all of Australia,” Mr Daley said.
“They are drastic. They will hurt ordinary people.”
Rather than have the ‘most harsh workplace injury laws in all of Australia’ except for police, paramedics and firefighters, it would be better not to have the ‘most harsh workplace injury laws in all of Australia’; for anyone. If the changes are needed there is little in principle reason why any class of employees should be exempt. Either these changes are needed, or they are not.
The other objection is that exemptions like these are pushed through, quickly and without being properly considered. There is no doubt that anyone who thinks they are a paramedic, but who is not at the time of their injury, working for NSW Ambulance may well have to go to the Supreme Court to see what ‘paramedic’ means, the same for fire fighters.
Michael Eburn
22 June 2012
VIA: http://emergencylaw.wordpress.com/2012/06/22/fire-fighters-and-paramedics-exe...