Today’s question relates to the position taken by the Fire Brigades Employee’s Union (the FBEU) to requests to assist NSW Ambulance to load a patient.  The FBEU took the view that ‘ambulance assist’ calls were rescue calls and so the ambulance service should activate relevant rescue arrangements and have police call out the local accredited rescue unit. In some cases that would be FRNSW where the officers were being paid a rescue allowance. In other cases it would be volunteers with NSW SES, VRA or RFS. What it should not be, according to the union, is a FRNSW brigade where the members were not being paid a rescue allowance.  The union’s position was stated in a ‘Code Red’ dated 27 June 2024 and available here https://fbeu.net/wp-content/uploads/CODE-RED-%E2%80%93-Assist-Ambulance-Calls-27-June-2024.pdf.

I have previously written on this issue – see 

Today I’m asked ‘Does the Commissioner’s lawful and reasonable direction override the industrial protection afforded by the FBEU Code Red?’  As part of that question, I’m provided with a copy of an email written by the FRNSW Commissioner which says:

Good morning,

I am writing to provide clarity regarding responses to Assist Ambulance incidents.

As many of you are aware, there has been ongoing discussion regarding Assist ambulance calls and the industrial position adopted by the FBEU in 2024.

Since that time, amendments to the State Rescue Policy have clarified the distinction between domestic rescue and patient extrication, with patient extrication no longer defined as a domestic rescue activity. On this basis, FRNSW has subsequently sought the removal of the Code Red.

FRNSW operates within the emergency management and rescue arrangements established for New South Wales and works closely with NSW Ambulance, NSW Police and our other emergency service partners to provide timely assistance to the community when required.

The protection of life remains our highest priority. Section 5A of the Fire and Rescue NSW Act 1989 provides the legal basis for FRNSW to take measures to protect life and provide assistance to other services, such as NSW Ambulance.  

Accordingly, I am directing that firefighters and officers respond to Assist Ambulance incidents when tasked by Operational Communications and undertake duties consistent with their training, capabilities and established operational procedures.

FRNSW will continue to provide assistance to NSW Ambulance wherever our involvement can contribute to the safe and timely delivery of service to the community.

While this direction is not intended to diminish or undermine the ongoing industrial discussions, it is necessary to provide operational clarity regarding FRNSW’s statutory obligations and to ensure a consistent approach across the organisation while these matters continue to be addressed. Consistent with that commitment, I am seeking urgent discussions with the FBEU to resolve the outstanding industrial issues.

Every day our people demonstrate professionalism, compassion and commitment to the communities we serve. Thank you for the judgement, dedication and care you bring to this work.

Jeremy Fewtrell AFSM

Commissioner

The Fair Work Act 2009 (Cth) provides for protected industrial action but one would not expect that Act to apply to an issue involving a state government agency such as FRNSW (see United Firefighters Union of Australia (‘UFU’) v Country Fire Authority (‘CFA’) [2014] FCA 17 (February 12, 2014)).

The Industrial Relations Act 1996 (NSW) s 141 says that an action in tort cannot be brought against a union or an official of that union whilst there is an industrial dispute that has been notified to and subject to conciliation by the Industrial Relations Commission.  I don’t know whether the FBEU has notified the Commission of any dispute.

I am not an expert in industrial relations law so I do not know, and cannot see, what ‘industrial protection’ is provided by the ‘FBEU Code Red’.

As I’ve noted in the earlier posts, listed above, the state rescue board policy has been changed. The NSW State Rescue Policy (5th ed, 20 September 2024) says (p. 5):

Patient Extrication involves the safe removal of an injured or ill person where such a person is not required to be removed from actual or threatened danger of physical harm. A patient extrication is not a rescue.

The policy distinguishes a ‘patient extrication’ from ‘Medical Emergency Access’.  The policy says:

2.14       In the event that a person requires urgent medical assistance but cannot be readily accessed due to some form of physical or environmental barrier, a Medical Emergency Access response may be required.

2.15       Where a situation is identified, the NSW Police Force ROG RCO must immediately be notified and will activate a Medical Emergency Access response. The Medical Emergency Access Protocol can be found at Attachment O.

The gist of Attachment O is (p. 89 emphasis added):

On request of a ‘Medical Emergency Access Response’, the NSW Police Force ROG RCO will call-out the most appropriate accredited rescue unit and may also activate the nearest resource that in the opinion of the NSW Police Force ROG RCO may have the training/equipment to effect access if deemed appropriate.

I also note that the awards applicable to FRNSW were to be changed to reflect the increased rescue work undertaken by all firefighters, not just those in accredited rescue units.

In my post When it’s a rescue; or not (NSW) (January 11, 2026) I said:

… if the situation is a rescue, then the SERM [State Emergency and Rescue Management] Act provisions apply and the police coordinate the dispatch of rescue services. If it is not a rescue, then the ambulance service is free to ask Fire and Rescue NSW, the NSW SES or RFS, or the VRA, or Marine Rescue NSW, or the boy scouts, to assist. For the SES and RFS it is one of their functions to assist, FRNSW is ‘authorised’ to assist [Fire and Rescue NSW Act 1989 (NSW) s 5A(4)(d))].

If the Code Red of June 27 2024 is still being applied then the issue is one between the FBEU and the Rescue Board, where the union thinks patient assist is a rescue, and the Board do not – and given that the provision for assisting ambulance exist outside the SERM Act one has to say the Board’s interpretation seems like the better view.

The issue should then be that if the Police coordinator says it’s not a rescue, then NSW Ambulance is free to ask for assistance from whomever they want and FRNSW should attend if requested. If it is a rescue, then the appropriate accredited rescue unit should respond.   The issue of whether ‘assist ambulance’ is a rescue or not should have been resolved by the amendments to the Rescue policy and the provisions of the new fire brigade employee awards but I note that the final terms of those awards, including who is to get the general land rescue allowance, are still to be finalised (see Fire Brigade Employees’ Union v Industrial Relations Secretary (on behalf of Fire and Rescue NSW) (No 2) [2025] NSWIRComm 1110 (19 December 2025)). 

Even if the job is a rescue FRNSW can still be called. If the accredited rescue unit is provided by the SES then they could call for FRNSW assistance (s 5A(4)(d)) and the police are not limited to calling only accredited rescue units (State Emergency and Rescue Management Act 1989 (NSW) s 50 and see also State Rescue Policy Attachment O).

As I say I’m not an expert in industrial law, but I cannot see what protection the Code Red provides.  If FRNSW is tasked to ‘assist, at their request, members of the NSW Police Force, the NSW Rural Fire Service, the NSW State Emergency Service or the Ambulance Service of NSW in dealing with any incident or emergency’ then it is incumbent on the officers to respond – that’s part of the job description (s 5(4)(d)). 

My understanding of the ‘Code Red’ was the argument that a ‘patient assist’ was a rescue so the relevant rescue squad should be called and that was in response to a policy position not to recognise the economic value of the increased work by firefighters. Both those issues should have been resolved by changes to the State Rescue Policy and the relevant industrial awards.

That this matter is still ongoing comes as a disappointment and as a surprise. 

This blog is a general discussion of legal principles only.  It is not legal advice. Do not rely on the information here to make decisions regarding your legal position or to make decisions that affect your legal rights or responsibilities. For advice on your particular circumstances always consult an admitted legal practitioner in your state or territory.