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Employers’ Secretary, Sarah Messenger

Local Government House, Smith Square,

London, SW1P 3HZ

Telephone 020 7187 7335

e-mail: [email protected]

 

Employees’ Secretary, Matt Wrack

Bradley House, 68 Coombe Rd

Kingston upon Thames  KT2 7AE

Telephone 020 8541 1765

 

 

NATIONAL JOINT COUNCIL

FOR LOCAL AUTHORITY

FIRE AND RESCUE SERVICES

________________________________________________________________________

 

To:      Chief Fire Officers

            Chief Executives/Clerks to Fire Authorities

            Chairs of Fire Authorities

            Directors of Human Resources at Fire Authorities

           

Members of the National Joint Council

________________________________________________________________

27th February 2013

 

CIRCULAR NJC/1/13

 

Dear Sir/Madam

 

TECHNICAL ADVISORY PANEL (Mid and West Wales, 29 January 2013)

 

1.         Section 4, part A, paragraphs 3, 4 and 5 of the Scheme of Conditions of Service (Grey Book) outlines the principles on which duty systems should be based.

2.         Where local agreement cannot be reached between the fire and rescue authority and the recognised trade union the difference can be referred to the NJC’s Technical Advisory Panel whose role is to seek agreement, but where that is not possible, to make recommendations.

3.         Steve Hodder, who is assisted by the Joint Secretaries, is currently Chair of the panel.

4.         The Technical Advisory Panel met on 29 January 2013 to return to consideration of a referral from Mid and West Wales Fire and Rescue Service.

5.         A copy of the recommendation, which is applicable only to Mid and West Wales Fire and Rescue Service, is attached.

 

Yours faithfully

SARAH MESSENGER

MATT WRACK

Joint Secretaries

 

NATIONAL JOINT COUNCIL FOR LOCAL AUTHORITY

FIRE AND RESCUE SERVICES

 

TECHNICAL ADVISORY PANEL (TAP) 29 JANUARY 2013

 

PARTIES:     MID AND WEST WALES FIRE AND RESCUE SERVICE (MAWWFRS) & THE FIRE BRIGADES UNION (FBU)

 

In attendance:

Steve Hodder            TAP Chair

Gill Gittins                  Employers’ Side Joint Secretary

John McGhee           Employees’ Side Joint Secretary

Richard Smith          Chief Fire Officer

Paul Bates                Deputy Chief Fire Officer  

Robert Quinn                        Head of Carmarthenshire County Command

Derek Masson          Director of Delivery

Barrie Davies            FBU Brigade Secretary

Lawrence Lamond   FBU Brigade Vice Chair

Grant Mayos             FBU Executive Council Member for Wales

Carwyn Thomas       FBU Branch Rep, Llanelli

                                

 

  1. Introduction:

 

1.1    At a previous meeting of the TAP on 25 July 2012 chaired by Professor William Brown, the parties agreed: 

 

  1. “To start by 22nd August, discussions without pre-determined outcomes on the duty system appropriate for Llanelli. This will include discussion on the efficient use of resources, CFS provision and the prevailing financial circumstances including relevant data. Such discussions to be finished by 25th October 2012.

 

(ii)  To start discussions immediately thereafter on the remaining 5 wholetime stations. Such discussions should also be without predetermined outcomes. This will include discussion on the efficient use of resources, CFS provision and the prevailing financial circumstances including relevant data. Discussion will conclude by 31st January 2013”.

 

  1. In the event however local discussions failed to reach an agreement on (i) as the FBU considered that the Self Rostered Crewing (SRC) arrangements being proposed for Llanelli did not meet the principles set down in Section 4 Part A(3) of the NJC Scheme of Conditions of Service (The Grey Book) and any counter proposals made were unacceptable to MAWWFRS. As a result, the parties agreed that the issue should return to the TAP for its consideration. Progress was however reported on the remaining 5 whole-time stations.

 

1.3    A newly constituted Panel met on 29 January 2013 and conducted a number of separate and joint meetings with the parties but, despite the best efforts of the Chair and Joint Secretaries, they were unable to broker an agreement. The Chair was then required to make recommendations to ensure that the duty system followed the four principles which are set out below:

 

(1) Basic working hours should average forty-two per week (inclusive of three hours of meal breaks in every twenty-four hours) for full-time employees. Hours of duty should be pro-rata for part-time employees.

 

(2) There should be at least two periods of twenty-four hours free from duty each week.

 

(3) It should comply with relevant United Kingdom and European law, including the Working Time Regulations 1998, and Health, Safety and Welfare at Work legislation.

 

(4) It should have regard to the special circumstances of individual employees and be family friendly.

 

  1. Findings:

 

2.1    SRC at Llanelli will result in staff working 12 hour day shifts rostered to meet the 42 hours a week criteria. In addition, they will be on call on station premises for a further 12 hours. Staff will subsequently be given compensatory rest during a day shift for time spent on actual call-outs albeit that they must remain on station premises. Taking into consideration both of these factors, I am persuaded that the rostered 12 hour day shifts represent ‘basic’ working hours and are separate from time spent on-call.

 

  1. Provided proper rostering is carried out, there should be at least two periods of twenty-four hours free from duty each week.

 

  1. I am required to consider whether the SRC arrangements for Llanelli are compliant with relevant United Kingdom and European law. The Chair of the TAP is not qualified to give a legal opinion. Nevertheless, I am concerned that the shift arrangements as currently proposed may not be fully in keeping with the requirements of the Working Time Regulations and, in particular, with Section 10(1) regarding rest periods of not less than 11 consecutive hours in each 24-hour period. This issue could be resolved in two ways:

 

  • By a collective agreement with the FBU which may modify or exclude the application of this requirement; or,
  • By MAWWFRS ensuring that staff work an appropriate shift pattern with adequate rest periods and compensatory rest in compliance with the WTR.

 

  1. I recognise that the domestic circumstances of some individuals may be in conflict with working combined 12 hour day shifts and 12 hour on-call night shifts. However, it is also possible that others could find the additional flexibility afforded by Self Rostered Crewing advantageous. I also note that the option of either day shift or night shift working has been offered and that staff have also been given the option of applying for a move to another station in the Swansea Bay area to retain their existing shift pattern. On balance therefore I find that MAWWFRS has given sufficient regard to the special circumstances of individual employees and family friendly working to comply with this principle.

 

  1. Recommendations

 

3.1    The best way forward would be for management and the FBU to enter into a short period of discussion with a view to reaching a collective agreement to modify or exclude the application of the Working Time Regulations as provided for at paragraph 23 of the Regulations. Such agreement should ensure full legal compliance and be of benefit to both the Service and its employees. Should such an agreement not be possible, then as set out in my findings at paragraph 2.3 above, MAWWFRS will need to ensure that adequate rest breaks and compensatory rest is provided to staff to satisfy the requirements of the Working Time Regulations.

 

3.2    That MAWWFRS put in place robust monitoring of the operation of Self Rostered Crewing at Llanelli.

 

  1. Conclusion

 

4.1    I would like to thank the parties for their diligence in the preparation of their submissions and for their patience throughout the TAP process. Despite being unable to reach agreement on SRC at Llanelli, I would urge them not to lose the progress they have already made in resolving the issues at the remaining 5 Swansea Bay stations and to enter into future discussions in a positive manner.

 

 

Steve Hodder

TAP Chair

January 2013

 

National Joint Council (NJC)