AN170096 – Silviculture and Afforestation Award
(a) The provision of this clause applies to situations where a fire is burning out of control requiring emergency attendance. It does not apply to regeneration burns and the mopping up operations associated with regeneration burns of wild fires.
(b) Retention Classification
An employee shall retain the classification applicable immediately prior to the outbreak of a wildfire, provided that the employer may for the purpose and during any period of wildfire firefighting operations specifically assign an employee to another classification for which a higher wage rates is prescribed in which case payment shall be made in accordance with the Part III - Wage Rates and Related Matters, Clause 3 - Mixed Functions of this award.
(c) Normal Hours of Work
The weekly total of hours at ordinary time shall not exceed 38 per week to be worked in accordance with the normal accrual provisions.
(d) Work Periods
The Minimum work period, except as provided for stand-by and call-outs, shall be eight consecutive hours inclusive of time worked for normal accrual purposes. A work period can only be terminated by a rest period of a minimum of eight hours.
(e) Rest Period
(i) An employee shall receive a rest period of at least eight consecutive hours between successive work periods.
(ii) If a rest period exceeds 16 hours, a new work period shall be deemed to commence at the expiration of such 16 hours.
(f) Paid Rest Period
(i) If a work period exceeds 16 hours due to an extreme emergency or lack of transport, an employee shall at the conclusion of such work period, receive a rest period of at least eight hours duration and shall, in respect of such rest period, be paid eight hours at ordinary rates.
(ii) After eight hours of any paid rest period, a new work period shall be deemed to commence.
(g) Meal Intervals
Meal intervals shall not exceed forty-five minutes and shall be counted as time worked.
(h) Monday to Friday Payment
All time worked on any Monday to Friday (including time worked prior to fire fighting work) shall be paid for at the rate of ordinary time for the first eight hours and at the rate of time and one half for the next two hours, and at the rate of double time thereafter.
PROVIDED that:
(i) the wage rate shall revert to ordinary time when the employee has received a rest period of eight hours.
(ii) When penalty rates are being paid, and a work period extends beyond midnight, such penalty rates shall continue until the end of the work period.
(i) Saturday Work
Except where the provisions of subclause (h)(ii) hereof apply all time worked by an employee on a Saturday shall be paid for at the rate of time and one half for the first two hours and at double time thereafter.
(j) Sunday and Holiday Work
All time worked by an employee on a Sunday shall be paid for at double the ordinary prescribed rate and for all time worked on a holiday at two and one half times the ordinary prescribed rate.
(k) Stand-by
(i) Stand-by shall mean all time during which an employee is required to be available for an immediate call to work.
(ii) An employee on stand-by shall be available either at home or at such other place as is mutually agreed with the Employer.
(iii) Stand-by payment shall be at the rate of 50% of the employees hourly rate.
(iv) Stand-by for employees on Saturdays, Sundays and Public holidays shall mean the eight hour period between 10.00am - 6.00pm.
(v) An employee who is requested to stand-by on a Saturday, Sunday or Public holiday shall be entitled to eight hours' stand-by payment for each day so requested.
PROVIDED that the employee shall be entitled to only eight hours stand-by pay if by 5.00 pm on his last normal working day preceding a weekend, he/she is notified that stand-by for that weekend has been cancelled.
(vi) During the period from November to April an Employer may, on any normal week day which has a high fire danger rating, place an employee on stand-by at the cessation of the normal working time for the day and/or his departure from the place where he/she normally ceases work for the day. Payment shall be made from the normal time of cessation of work at the rate as provided in subclause (k)(iii) hereof.
(vii) Where an employee is called upon to perform fire fighting work on any day that he/she is on stand-by, he/she shall be paid for all time worked at the appropriate prescribed rate in addition to any entitlement for stand-by performed on that day.
(l) Call Outs
An employee recalled to perform work in or in connection with wildfire fighting shall be paid for a minimum of four hours work at the appropriate wage rate each time they are recalled.
PROVIDED that the employee shall not be required to work the full hours if the job for which recalled is completed in a shorter period.
PROVIDED FURTHER, that if such work continues for more than four hours, the employee shall be entitled to payment for a minimum work period of eight consecutive hours.
(m) Hourly Employees
Hourly employees shall be paid at one thirty-eighth of the prescribed weekly rate per hour.
(n) Travelling Time
All time spent by an employee in proceeding to and from a wildfire at the direction of the Employer, shall be deemed to be time worked. Payment shall commence from, and cease at, the Employer's depot, camp or normal pick up place in the home district.
(o) Resumption of Normal Duties
Each employee who has been engaged on fire fighting work shall be entitled upon the cessation of such work and prior to the resumption of normal duties to clear break of ten hours without loss of pay for recognised working time occurring during such break.
PROVIDED that an employee who has been camped out for at least three nights shall be entitled to a clear break of twelve hours in accordance with subclause (o)(i).
PROVIDED FURTHER that these provisions shall not apply with respect to any fire fighting operations commenced and completed between the hours of 7.00am and 5.00pm on the same day.
(p) Provision of Meals
The Employer shall provide the usual three meals per day; provided that, where an employee is required to work at night, the employer shall provide suitable provisions at reasonable intervals. All food supplied by the Employer shall be free of charge.
(q) Tools and Equipment
Fire fighting tools and equipment may be carried on vehicles being used to transport employees provided that such tools and equipment are stowed on the vehicle in such manner as not to endanger or discomfort the passengers.
