- 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 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 |
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...
NSW Fire CODE RED: FBEU wins w/comp exemption | @FBEU #Firestrike | #FBEU #AUSUNIONS #Workcover #NSWpol
June 22, 2012Parliament votes to protect FRNSW firefighters from O’Farrell’s workers comp laws
A Greens amendment to exempt FRNSW firefighters and ASNSW paramedics from the O’Farrell Government’s appalling workers comp “reforms” was passed early this morning.
This week’s Sitrep, which will be faxed to all stations and posted to our website later today, will explain more fully but the news in brief is that the FBEU has successfully defended our members’ workers compensation arrangements.
Congratulations 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.
Jim Casey
State Secretary
PHOTOS: #Firestrike firefighters hose down state parliament yesterday | #FBEU #AUSUNIONS #Workcover #NSWpol
Great slideshow photos from yesterday's NSW Firestrike.
Washing away the foul stench of hypocrisy emanating from NSW parliament @FBRU #FIRESTRIKE yesterday | #FBEU #AUSUNIONS #Workcover #NSWpol
Check out the number of trucks lined up.
As the water flowed, I announced to the 1000 firefighers, "we are washing away the foul stench of hypocrisy emanating from this parliament"
More incorrect reporting from #Firestrike Yesterday | #FBEU #AUSUNIONS #Workcover #NSWpol
The statements by FRNSW and some media are incorrect - FRNSW firefighters did attend, even though they were on strike. 14 mins.
Separate to that, what part of 'strike' don;t they get. This is what happens when you upset emergency services.
Media from yesterday's #Firestrike and misreporting of fire | #FBEU #AUSUNIONS #Workcover #NSWpol
NSW Fire and Rescue absent as house burns
When this Ramsgate house was ablaze this afternoon, Fire and Rescue were on strike so the Aviation Rescue and Rural Fire Service were force...
thetelegraph.com.au21 June 2012
Share: NSW Fire and Rescue absent as house burns
- Man's house burns as firefighters strike
- Airport firefighters, volunteers respond to blaze
- NSW firefighters protest in Sydney CBD
A MAN says he is disgusted that his Sydney house burned while firefighters were striking over changes to the workers compensation scheme.
Kym Loutfy's wife and grandson were rescued from the burning house by a passerby today, while firefighters were turning their hoses on NSW Parliament House during a protest.
Firefighters in Sydney, Newcastle and the Central Coast went on strike for five hours at 1pm (AEST) in protest at reforms to workers compensation they say treat them poorly compared to exempt colleagues in the Rural Fire Service (RFS) and police force.
Firefighters are demanding they also be protected from the WorkCover changes, which cap benefits and medical expenses, with hundreds marching on state parliament in their first major strike in NSW since 1956.
"If the fire brigade weren't on strike they could come more quicker and there would be less cost and less damage," Mr Loutfy said utside his Sans Souci house, which had been extensively damaged in the fire.
"We have nothing to do with the strike ... Anyone can go on strike but there's supposed to be a back-up for emergency."I'm very very disgusted."
Radio caller Andrew said he was driving along Campbell St in Sans Souci just after 1pm (AEST) when he noticed flames coming from the front window of the house.
He said firefighters arrived half an hour after he dialled triple 0.
"We went into the house downstairs to check that no one was there. We got a lady and her baby out of there," he said.
NSW Fire and Rescue said in a statement that crews arrived at the scene within seven minutes of receiving a call from police.
It said local crews on their way to the protest responded to the call and carried out search and rescue operations.
However they went on to join the protest after the arrival of the Airports Rescue and Firefighting Service.Ben Shepherd from the NSW Rural Fire Service said the local RFS sent two trucks and air support as well as firefighters in breathing apparatus.
"With that initial house fire there was probably a longer response time from our trucks," he told Fairfax radio network.
New South Wales firefighters have now returned to work after considering extending their strike.
Fire Brigade Employees Union president Darrin Sullivan said union executives met a short time ago to discuss continuing the strike, but it was decided to go back to work.
Our guys were there, false media reporting.