Fire Brigades (Amendment) Act 1944 (NSW)

FIRE BRIGADES (AMENDMENT) ACT.

Act No. 12, 1944.

An Act to make provision for and in relation to the ordinary working hours of certain fire- men and officers of fire brigades employed by the Board of Fire Commissioners of New South Wales; for this purpose to amend the Fire Brigades Act, 1909, as amended by subsequent Acts; and for purposes con- nected therewith. [Assented to, 19th April, 1944.]

BE it enacted by the King's Most Excellent Majesty, lative Council and Legislative Assembly of New South by and with the advice and consent of the Legis-

Wales in Parliament assembled, and by the authority of

1 he same, as follows :—

(1) This Act may be cited as the " F i r e Brigades (Amendment) Act, 1944."

1 .

(2) The Fire Brigades Act, 1909, as amended by subsequent Acts, and by this Act, may be cited as the Fire Brigades Act, 1909-1944.

three shifts per day;

2 . The Fire Brigades Act, 1909, as amended by

subsequent Acts, is amended by inserting next after
section twenty-seven the following new section:—

27A. (1) As from the appointed day the following provisions shall have effect:—

(a) the ordinary hours of duty and leave of firemen employed by the board on a full- time basis shall be so arranged as to provide that such hours be worked on a system of

(b)	the average ordinary working hours for firemen employed by the board shall be fifty-six per week over the cycle of weeks for which the roster of ordinary hours of duty and leave operates;
(c)	the average ordinary working hours during which officers of fire brigades holding rank up to and including the rank of station officer shall be required to be available for duty shall be eighty-four per week over the cycle of weeks for which the roster of work­ ing hours operates.

(2) The Industrial Commission of New South Wales shall, upon application made at any time after the commencement of the Fire Brigades (Amend­ ment) Act, 1944, make such variations of any award affecting firemen employed by the board on a full- time basis, as may be necessary to carry into effect the provisions of paragraphs (a) and (b) of subsec­ tion one of this section.

Any variation made pursuant to the direction contained in this subsection shall be made so as to take effect as from the appointed day.

(3) Where after the commencement of the Fire Brigades (Amendment) Act, 1944, the Indus­ trial Commission of New South Wales makes—

(a)	a new award affecting firemen employed by the board on a full-time basis it shall, in such award, include such terms as may be necessary to carry into effect the provisions one of this section; of paragraphs (a) and (b) of subsection
(b)	an award affecting officers of fire brigades, it shall, in such award, include such terms as may be necessary to carry into effect the provisions of paragraph (c) of subsection one of this section.

Such terms may, if the Commission thinks fit, be expressed to take effect as from the appointed day, and in such case other terms may be included to take effect under the award until the appointed day.

In

In determining the terms relating to average ordinary working hours which are to be included in any such award and to take effect thereunder until the appointed day, the Commission shall have regard to the general purposes of this Act, and shall make provision for such reduction in the average ordinary working hours of firemen and officers of fire brigades as may be practicable having regard to the availability of suitable men for any additional appointments or promotions which may be rendered necessary by such reduction.

(4) Nothing in this section shall be construed as limiting the authority of the Industrial Commis­ sion of New South Wales to make any variation of an award or any new award affecting firemen employed by the board on a full-time basis granting terms and conditions not less advantageous than those referred to in paragraphs (a) and (b) of sub­ section one of this section, or to make any award affecting officers of fire brigades granting terms and conditions not less advantageous than those referred to in paragraph (c) of subsection one of this section; and to make such variation or award so as to take effect at any time after the commencement of the Fire Brigades (Amendment) Act, 1944.

(5) In this section—

"Appointed d a y " means the day next following the date upon which His Majesty ceases to be engaged in the present war or such earlier day the Governor may appoint and notify by proclamation published in the

Gazette.

"Present w a r " means the war in which His
Majesty is engaged at the commencement of

the Fire Brigades (Amendment) Act, 1944.

GOVERNMENT