NSW firefighters fight inequities
By Frances Sheehan
SYDNEY — A mass meeting of members of the NSW Fire Brigade Employees Union (FBEU) voted on August 6 to continue a campaign of industrial action over inequities in death and disability entitlements.
Firefighters are covered under three different superannuation schemes, each with different death and disability provisions. The FBEU is demanding that all fire brigade employees receive the same entitlements as pre-July 1985 employees.
The FBEU points out that less than half of NSW's firefighters have adequate cover should they suffer injury or death.
Firefighters employed before July 1985 are members of the State Superannuation Fund (SSF). Under that scheme, in the event of a firefighter's death, the family receives a lifetime pension of approximately $600 per week.
Families of deceased firefighters employed in 1986-92, members of the State Authorities Superannuation Fund, receive a one-off lump sum payment of around $58,000 (equivalent to less than four years of the SSF pension).
Fire brigade workers employed after 1992 are members of the First State Superannuation Fund. Their families receive the lowest death benefit — a lump sum payment of around $54,000.
Similar inequities exist in the event of disability or permanent injury. An SSF member receives a lifetime pension of $900 per fortnight; a firefighter employed in or after 1986 may qualify for a lump sum of up to $58,000 but in many cases only $10,000; those employed in 1993 and after may qualify for a maximum one-off payment of $54,000, but in many cases do not receive any payment.
Fire brigade employees voted to continue work bans and to maintain industrial action until the inequities and inadequacies are addressed. The bans involve non-SSF members not responding to calls or otherwise exposing themselves to danger on duty. Safe minimum staffing levels are being maintained using SSF members.
Members also voted to extend the bans to administrative duties, including report writing and general paperwork.
The vote to continue industrial action followed a breakdown in negotiations with the state Labor government, whose representatives repeatedly failed to turn up to meetings with the FBEU. At a meeting before the Industrial Relations Commission on August 4, the FBEU was informed that the government was not ready to talk.
On August 1, 1600 firefighters marched on Parliament House. They symbolically hung their helmets and tunics on the gates in protest. The action was taken after the government failed to agree to the creation of an "equitable, no-disadvantage death and disability scheme" by the FBEU's deadline of July 31.
On July 30, the Labor government refused to abide by the recommendation of the IRC that "there should be no disparity between death and disability benefits that are provided to New South Wales Firefighters who are injured in the course of their employment". The commission called for creation of a scheme "to provide for supplementary benefits" to firefighters who do not have access to the State Superannuation Fund.
Commissioner Cambridge condemned the government's failure to accept the recommendations of the IRC as "a significant and disturbing departure from responsible and appropriate conduct on the part of a major employer in this state".
One reason for the Labor government's inflexibility is the fear that granting the firefighters' demand for a equitable superannuation scheme might flow to the state public service.
The government's latest response, dated August 5, falls far short of the FBEU's demands and is open to broad interpretation. It reads: "Where a firefighter becomes totally and permanently injured as a result of special risk, an indexed pension of 60% of salary will be paid for life irrespective of the superannuation scheme they are in. In addition, the standard workers' compensation benefits would apply"; "Where a firefighter is killed in these circumstances, their spouse will receive an indexed pension of 40% of salary for life"; and, "Where a firefighter is partially and permanently injured, in these frontline circumstances and has to retire from the NSW Fire Brigades as a result, a lump sum payment of 2.5 times salary is paid." (Emphasis added.)
Not only are the compensation levels offered well below those sought, but the qualifications of "special risk" and "frontline circumstances" imply that coverage does not extend to the course of a firefighter's normal working day. Similarly, "totally and permanently injured" could be interpreted to mean that a firefighter would have to be totally incapacitated to qualify.
The state secretary of the FBEU, Chris Read, reported that firefighters at the August 6 mass meeting recognised the inadequacy of the government's offer and rejected it. The bogus nature of the offer galvanised the firefighters' resolve to continue their campaign.
On the evening of August 6, the IRC deemed that the period of conciliation was terminated. The next stage in the campaign will be decided by FBEU members at a meeting on August 13.