Report - Fire Brigades Union

SECTION A — NATIONAL JOINT COUNCIL
An independent chair oversees the work of the National Joint
Council and the Middle Managers Negotiating Body and is
supported by two vice chairs. Vice chair appointments alternate
between the sides on an annual basis. In 2009/10 the vice
chair of the NJC was held by the employees’ side and the vice
chair of the MMNB by the employers’ side.
The independent chair works closely with the Joint Secretariat,
which is currently provided by Local Government Employers
and the Fire Brigades Union. Membership of the NJC and
MMNB during 2009/10 is attached to this report.
Introduction
1. This annual report of the independent chair covers the
period from 1 October 2009 to 30 September 2010.
What we do
2. The National Joint Council provides:
a) The national negotiating machinery for the pay and
conditions of service of uniformed fire service
employees in the United Kingdom.
b) The services of the respective side Secretariats in
assisting parties at local level to resolve areas of
disagreement.
c) The services of the respective side Secretariats in
assisting parties at local level in the interpretation of
the national scheme of conditions of employment and
the flexibilities contained therein.
Meeting dates in 2009-10
3. Since my last report the National Joint Council met on the
following dates and considered a number of issues:
29 September 2009
15 December 2009
16 March 2010
15 June 2010
The Middle Managers Negotiating Body also met on each
of the dates above with the exception of 15 December
2009. Both the NJC and MMNB will meet on the 30
September 2010.
Issues under consideration
4. The NJC and, as appropriate, the MMNB considered a
number of issues over the course of the year. The main
focus was on:
Rolemaps and national occupational standards
5. The rolemaps and national occupational standards
subcommittee came into existence in July 2008. Its
purpose is to consider any proposed changes to the NJC
agreed rolemaps and/or national occupational standards put
forward either by the external bodies responsible for the
development of such issues or by either side of the
National Joint Council, including the Middle Managers
Negotiating Body.
6. Since my last report the subcommittee, led by the Joint
Secretariat, has met on several occasions and considered
changes to the firefighter rolemap, on this occasion put
forward by Skills for Justice, in the interests of achieving
compatibility between those operated by the NJC and
those used for purposes such as the award of National
Vocational Qualifications.
7. In doing so, the subcommittee identified a number of
amendments to the proposals which if also adopted by
Skills for Justice and UKCES would ensure that the NJC
documents remained clearly relevant to the work of the fire
and rescue service but also take into account the needs of
those bodies and all the parties they serve.
8. The subcommittee presented the outcome of this work to
the NJC which subsequently accepted its recommendation
to replace the existing firefighter national occupational
standards, subject to a successful approach to UK
Commission for Employment and Skills (UKCES) to ask
them to amend the national occupational standards used
for the NVQ process to reflect the wording adopted by the
NJC in order to avoid inconsistency.
9. UKCES confirmed it was content to take such action and
the firefighter national occupational standards were duly
amended. (Circular NJC/1/10 refers.)
10. In addition, to the work above, the Joint Secretaries,
assisted by appropriate advisers, have also worked with
Skills for Justice through the chair of its national
occupational standards and qualifications workstream, to
agree a process which is intended to clarify and support
the working relationship for the future and further support
the aspiration for consistency.
Part-time workers (prevention of less favourable
treatment) regulations
11. Following the introduction of these regulations many
thousands of Employment Tribunal cases were lodged by
retained duty system firefighters (supported by their trade
union) across the UK.
12. Since then test cases drawn from Kent and Berkshire
fire and rescue services have been subject to the
Employment Tribunal, Employment Appeal Tribunal, Court
of Appeal and House of Lords processes returning finally
at the request of the House of Lords to the original
Employment Tribunal again for re-consideration and
determination.
13. Following that further determination the tribunal indicated
that it believed the parties should endeavour to reach a
negotiated settlement. Following discussion within the
respective sides an approach was made to tribunal to allow
the parties time for those negotiations to take place.
14. The Joint Secretariat, supported by respective legal
advisers, has therefore spent a substantial amount of time
this year working to identify both a negotiated settlement
to the cases and appropriate amendments to the Scheme
of Conditions of Service to ensure it complies with all the
requirements of the regulations for the future.
15. This has been an extremely complex and difficult
negotiation and I am pleased that it is now drawing to a
successful conclusion with a settlement agreed in principle
earlier this year and proposals to amend the Scheme of
Conditions being presented to the National Joint Council at
its September meeting.
12 FBU Annual Report 2011