Report - Fire Brigades Union

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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
SECTION A — NATIONAL JOINT COUNCIL Maternity, paternity and adoption provisions claim 16. Considerable work has also been undertaken in consideration of a thirty-one point employees’ side claim seeking wide-ranging improvements to the maternity, paternity and adoption provisions contained in the Scheme of Conditions of Service. 17. Initial consideration took place within the employers’ side following which work has been progressed through the Joint Secretariat, expanded as appropriate. 18. The current expectation is that this work will be concluded at the September meeting of the NJC. National joint protocol for good industrial relations 19. The NJC plays a major role in promoting the benefits of good industrial relations and maintaining calm in what can be a difficult industrial relations climate. 20. As part of this in 2007 the NJC introduced a national joint protocol for good industrial relations intended to develop and improve upon industrial relations in the UK fire and rescue service as a whole. 21. This year the NJC decided to survey local management and union representatives to assess whether or not the protocol has improved local industrial relations and to explore whether there is anything more they felt could be done with national level assistance to further embed the protocol at local level. 22. The majority of responses were provided jointly and I am pleased to report the survey results revealed fire and rescue services are more confident in resolving local difficulties since the introduction of the protocol. Responses indicated most fire and rescue services found the protocol to be a useful reference tool to further improve local industrial relations processes with the majority of respondents’ indicating that discussion based on the protocol had resulted in change to local policies, procedure or practices. Alternatively, it had been instrumental in starting a dialogue as a precursor to putting in place those formal processes. 23. A number of fire and rescue services said they would welcome a session on the protocol at local level, facilitated by the NJC’s Joint Secretariat. Arrangements will be put in place to support those requests. Pay claim 24. The employees’ side submitted a claim seeking an increase on all pay points equal to the percentage increase in inflation as identified by the Retail Prices Index (RPI) and announced in June 2010. A figure of 5.1%. 25. Considerable discussion took place at Joint Secretariat level both in advance and post receipt of the claim in order to inform both sides positions. 26. At the meetings on 15 June the employers’ side signalled its intention to respond formally to the claim following the budget statement on 22 June. 27. Accordingly, a formal response was provided to the employees’ side on 27 June advising that having considered the claim in the context of what is affordable and sustainable and mindful of the government’s clear expectation that there should be restraint in respect of public sector pay and that public expenditure must reduce (both of which were emphasised in the budget) the employers’ side had concluded that the financial position is such that they are unable to offer any increase for 2010/11. At the time of writing this report, the employees’ side consider the matter of pay for 2010 to be unresolved. Health and safety guidance 28. Section 5, part A of the Scheme of Conditions of Service (Grey Book0 makes reference to NJC guidance on a number of areas. Work is currently underway at Joint Secretariat level, expanded as necessary, to prepare up to date guidance. Circulars 29. A number of circulars have been issued since my last report (issued on circular NJC/9/09): Car allowances NJC/10/09 Notification of an increase in the amount of VAT per mile in the petrol element of car allowances with effect from 1 January 2010. National Occupational Standards NJC/1/10 Substantial amendments to the firefighter rolemap and national occupational standards. Part-Time Workers (Prevention of Less Favourable Treatment) Regulations NJC/2/10 Update on complex negotiations to identify a settlement to the many thousands of Employment Tribunal cases registered across the UK following introduction of these Regulations. Car allowances NJC/3/10 Revised car allowances effective from 1 April 2010. Workforce Survey 2010 Survey form and guidance notes. NJC/4/10 Part-Time Workers (Prevention of Less Favourable Treatment) Regulations NJC/5/10 Update on complex negotiations to identify a settlement to the many thousands of Employment Tribunal cases registered across the UK following introduction of these Regulations. Car allowances NJC/6/10 Advance notification of an increase in the amount of VAT per mile in the petrol element of the car allowances with effect from 4 January 2011. General Joint Secretariat activity 30. Issues under negotiation within the NJC are in the main progressed through the Joint Secretariat acting within the remit of its respective sides. 31. On occasion lead members from each side of the NJC/MMNB may meet outside of the usual round of larger meetings but there was no need to do so this year. 32. The Joint Secretariat meets formally at least once a month FBU Annual Report 2011 13
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