Fire Brigades (Amendment) Act 1955 (NSW)

FIRE BRIGADES (AMENDMENT) ACT.

Act No. 17, 1955.

An Act to make provision for and in relation to the ordinary working hours of certain firemen 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, and certain other Acts; and for purposes connected therewith. [Assented to. 18th April, 1955.] BE

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis­	lative Council and Legislative Assembly of New South
Wales in Par l iament assembled, and b y the author i ty of the same, as fol lows:—

1. (1) This Act may be cited as the " F i r e Br igades

(Amendment) Act, 1955 ."

(2) The F i r e Br igades Act, 1909, as amended by subsequent Acts and by this Act, m a y be cited as the F i r e Br igades Act, 1909-1955.

2 .     (1) The F i r e Br igades Act, 1909, as amended by

subsequent Acts , is amended by inser t ing next af ter
section 27A the following new sect ion:—

27B. (1) As from a day to be appoin ted by the Governor and notified by proc lamat ion published in the Gazette, which day is in this section re fe r red to as the appoin ted day, the following provis ions shall have effect:—

(a)	the ordinary hours of duty and leave of firemen and officers of fire br igades of or below the r ank of dis t r ic t officer employed by the boa rd on a full-time basis shall be so a r r a n g e d as to provide t h a t such hours be worked on a sys tem of th ree shifts pe r d a y ;
(b)	the average ordinary working hours for firemen and officers of fire br igades
employed by the board shall be fo r ty pe r
week over the cycle of weeks for which the ros t e r of o rd ina ry hours of du ty and leave opera tes .
(2)	The Indus t r i a l Commission of New South

Wales shall, upon appl icat ion made a t any t ime after the da te upon which the assent of H e r Majes ty to the F i r e Br igades (Amendment ) Act, 1955, is signified, make such var ia t ions of any a w a r d affect­ ing firemen or officers of fire b r igades of or below the r ank of dis t r ic t officer employed by the board

on

on a full-time basis , as m a y be necessary to c a r r y into effect the provisions of p a r a g r a p h s (a) and (b) of subsection one of th is section.

Any var ia t ion made p u r s u a n t to the direction

contained in this subsection shall be made so as to
take effect as from the appoin ted day.

(3) W h e r e af ter the da te upon which the assent of H e r Majesty to the F i r e Br igades (Amend­ ment ) Act, 1955, is signified, the Indus t r i a l Com­ mission of New South Wales makes—

(a)	a new award affecting firemen or officers of fire br igades of or below the rank of dis t r ic t officer employed by the board on a full-time basis i t shall, in such award , include such t e rms as may be necessary to ca r ry into effect the provis ions of p a r a ­ g r a p h s (a) and (b) of subsection one of
this sect ion;
(b)	an award affecting officers of fire brigades above the rank of dis t r ic t officer employed by the board, i t shall, in such award , include such t e rms as may be necessary to c a r r y into effect the provis ions of p a r a g r a p h (b) of subsection one of th is section.

Such t e rms may, if the Commission thinks fit, be expressed to take effect as from the appointed day, and in such case other t e rms may be included to take effect under the award unt i l the appointed day.

I n de te rmining the t e rms re la t ing to average

o rd ina ry working hours which a re to be included in any such award and to take effect the reunder unt i l the appointed day, the Commission shall have r e g a r d to the general purposes of th is Act, and shall make provision for such reduct ion in the average o rd ina ry working hours of firemen and officers of fire br igades as may be practicable having r e g a r d to the availabil i ty of suitable men for any addi t ional appoin tments or promot ions which may be rendered necessary by such reduction.

(4)

(4) Noth ing in this section shall he const rued as l imit ing the au thor i ty of the Indus t r i a l Commis­ sion of New South Wales to make any var ia t ion of an a w a r d or any new a w a r d affecting firemen or officers of fire br igades of or below the r ank of d is t r ic t officer employed by the board on a full-time basis g r a n t i n g t e rms and conditions not less advantageous than those re fer red to in p a r a g r a p h s (a ) and (b) of subsection one of th is section, or to make any a w a r d affecting officers of fire br igades above the r ank of dis t r ic t officer employed by the board g ran t ing t e rms and conditions not less advantageous than those re fer red to in p a r a g r a p h (b) of subsection one of this section; and to make such var ia t ion or a w a r d so as to take effect a t any t ime af ter the da te upon which the assent of H e r Majesty to the F i r e Br igades (Amendment) Act, 1955, is signified.

(5) Noth ing in this section shall be construed as requi r ing the o rd ina ry hours of duty and leave of officers of fire br igades employed in the Sydney and Newcastle F i r e Dis t r ic ts on special duties and s ta t ion officers employed outside the said Dis t r ic ts a t fire s ta t ions where there a re not more than two s tat ion officers employed to be so a r r anged as to provide tha t such hours be worked on a system of three shifts per day.

(6) W a g e s and salar ies fixed in respect of force upon the appointed day re fe r red to in subsec­ firemen or officers of fire br igades by any a w a r d in

t ion one of this section or any award made af ter such

appointed day shall not be reduced by reason of any reduct ion of the average o rd ina ry working hours for firemen and officers of fire br igades by or under this section.

(2) (a) This subsection shall commence upon the appointed day refer red to in subsection one of section 27B of the F i r e Br igades Act, 1909-1955.

(b)

(b) The Fire Brigades Act, 1909, as amended by subsequent Acts, is further amended by omitting section 27A.

(c) The Industrial Arbitration Act, 1940-1954,
is amended by omitting from section 63B the figures and

letter " 2 7 A " and by inserting in lieu thereof the figures

and letter " 2 7 B " .

(d) The Industrial Arbitration Act, 1940, as amended by subsequent Acts and by this Act, may be cited as the Industrial Arbitration Act, 1940-1955.