The attached memorandum has been issued to clarify once and for all how the 1AM single time payments system is to be applied. The 1AM payments system has only been agreed to for members who wish to voluntarily participate in fire service committees and activities. It has nothing to do with ordinary work, training or overtime.

 MEMORANDUM

TO: ALL OPERATIONAL UFU MEMBERS.

FROM: RICHARD WARWICK.

SUBJECT: 1AM PAYMENTS FOR TRAINING / OVERTIME / TIME OFF IN LIEU OF OVERTIME / SHIFT CHANGES.

DATE OF MEMO: 1 November 2006

There has been an ongoing problem with the way the 1AM single time provisions of the current Certified Agreement are being applied to training activities.

The following rules apply to 1AM single time payments, overtime, time off in lieu of overtime and shift changes.

ONE

1AM payments cannot be offered or paid for any activity associated with pay point schedule training. This includes instructor’s workshops. It is unlawful for a manager to offer 1AM payments for this purpose. It is unlawful for an employee to volunteer to work for 1AM payments for this purpose.

TWO

Pay point schedule training means any unit of competence contained in the fire component of the Public Safety Training Package (or part thereof). 1AM payments can only be made for fire service activities outside the scope of the Public Safety Training Package.

THREE

For rostered shift workers, training activities in relation to the Public Safety Training Package outside the normal roster must be paid at double time unless TOIL is agreed to in advance.

FOUR

Time off in lieu of overtime (TOIL) can be offered by the employer as a means of allocating training places. All TOIL is voluntary. Employees cannot be forced to work for TOIL.

FIVE

However, the employer cannot discriminate against employees who choose to not work for TOIL. If training is necessary for employees then employees must be trained within a reasonable timeframe, whether they agree to TOIL or not.

SIX

If a rostered shift worker has not taken TOIL it must be added to his/her next rostered annual leave block.

SEVEN

The employer has the right to require employees to temporarily change from one shift to another for training purposes after giving a minimum of 7 days written notice. However, an employee or a group of employees can agree to waive the 7 days notice by mutual consent with the employer.

EIGHT

The employer has the right to require employee(s) to transfer from rostered shift work to non rostered shift work for training purposes after giving 21 days written notice. This period of notice can be waived by mutual consent between the employer and the employee(s). The maximum period of non rostered shift work for firefighters is six months and the maximum period for officers is 2 years unless otherwise mutually agreed.

NINE

The employer also has the right to require employees to train in different locations (ie. away from their duty station) so long as all applicable allowances are paid and all relevant compensations are made.

TEN

At all times employees are entitled to know in advance the nature of the training they will be undertaking outside the roster and the basis upon which they will be paid or what time off they will receive. If members have not been so advised they should seek written clarification before the training occurs.

ELEVEN

No one is entitled to make exceptions to these rules.

NOTE

It should be noted that the employer has the right to transfer employees from shift to shift and from rostered shift work to non rostered shift work for reasons other than training. The purpose of this memorandum is to clarify the situation in respect to training activities only.

Richard Warwick

Secretary