VFBV

NOTE TO MEMBERS – 25 October 2016 - Download Media Release Here                                       

IMPORTANT UPDATE FOR ALL VOLUNTEERS

In the last few weeks VFBV has achieved major breakthrough in the long running dispute flowing from the CFA/UFU enterprise bargaining deal (EBA) that undermines the volunteer based nature of CFA, impacts on the way volunteers are supported and work, and overrides CFA decision making including on matters impacting on volunteers.   

VFBV has successfully campaigned for and achieved a change to the Federal Fair Work Act that protects volunteers and ensures the volunteer nature of CFA cannot be undermined by an Enterprise Bargaining Agreement between CFA and the UFU.  The Federal Fair Work Act changes were approved by the Senate on 10 October with support from all Coalition and cross bench independent Senators other than Senator Lambie from Tasmania, and have been given Royal Assent which confirms them as law as of now.

The changes to the Fair Work Act apply to the current EBA negotiations and also all future CFA EBAs.  This means that VFBV has also achieved the outcome being pursued in the Victorian Supreme Court.  Our core claim in the Supreme Court was to achieve a declaration that it would be unlawful for CFA to enter into the proposed 2016 CFA/UFU EBA because of clauses that contradict and override the CFA Act - the changes to the Federal Fair Work Act now disallow this in federal law.   

As a result, yesterday we reached an agreement with the CFA to draw a conclusion to the Victorian Supreme Court Action.  VFBV is of the view that CFA should revisit the EBA given the changes to the Fair Work Act but instead of testing this in the State Supreme Court it will now be a matter to be tested in the Fair Work Commission under the new arrangements which make it unlawful for the EBA to include arrangements that restrict or limit CFA's ability to:

• Engage or deploy volunteers
• Provide support or equipment to volunteers
• Manage its relationship with or work with any other emergency management body in relation to its volunteers
• Manage it operations in relation to volunteers
• Consult with volunteers
• Or require or permit CFA to act other than in accordance with the powers, functions and duties conferred or imposed on CFA by the CFA Act in relation to volunteers.

This doesn’t mean our legal action is over completely but it does make the path ahead clearer.  Instead of continuing our costly legal action in the Victorian Supreme Court, the focus of our advocacy and legal action will now shift to the Federal sphere and play out in the Fair Work Commission and from there the Federal court system if required.  We will also be freed up to focus on potential challenge to the Fair Work Amendment in the High Court of Australia as threatened by the UFU.  At the Federal level we will not be alone – the Fair Work Commission now has clear rules to follow which protect emergency service volunteers; the Federal Employment Minister has also committed to challenge the EBA at the full bench of the Fair Work Commission if required, and if the matter goes to the High Court then the Federal Government will have a keen interest in defending the robustness of their legislation.

The change to the Federal laws (Fair Work Act) now achieves what VFBV have been seeking from the Victorian Supreme Court.  Our efforts from here on are better devoted to ensuring the federal arrangements for protecting the future of CFA hold firm, working to ensure CFA and others are focussed on supporting and strengthening volunteerism for the benefit of future generations and getting on with protecting our communities. 

It was never our wish to be held up in a protracted court case.  We think VFBV and volunteers can now set the scene by proactive leadership to ensure CFA remains a strong and successful volunteer based organisation where paid staff and volunteer work side by side for the benefit of the communities we serve. 

The Supreme Court action has been fundamental in our efforts to prevent the CFA and UFU using the loophole that previously existed in the Fair Work Act to enable the CFA Board to enter into an EBA that we say is beyond the lawful intent and powers of the CFA Act.  The CFA will no longer be able to use this loophole.   Our action in the Supreme Court has been costly and resource intensive.  VFBV greatly appreciates the support and monetary donations that have made the Supreme Court action possible.  A big thank you to everyone who has supported our campaign to date.

There is still a possibility that further legal action might be required given that the UFU have claimed they will challenge the Fair Work Act amendment in the High Court and there is also real possibility that VFBV will need to defend the rights of volunteers in the Federal sphere so we will continue fund raising to support our legal action and further campaign efforts.

VFBV will also be arranging detailed briefings for every VFBV District Council to explain the success achieved by the change to the Fair Work Act, the outcomes achieved by our Victorian Supreme Court Action and the work remaining in the Federal sphere.  VFBV will be working hard with CFA and Government to provide the leadership required to ensure CFA remains a great place to volunteer and an organisation ready to serve communities.  There is a lot of work to do, and with summer on our door step we want to get on with it as quickly as possible.

SUMMARY OF CHANGES TO THE FAIR WORK ACT

The changes to the Fair Work Act make it unlawful for organisations such as CFA to have EBA arrangements that restrict or limit CFA’s ability to:

• Engage or deploy volunteers
• Provide support or equipment to volunteers
• Manage its relationship with or work with any other emergency management body in relation to its volunteers
• Manage it operations in relation to volunteers

The changes to the Fair Work Act prohibit the CFA from having EBA arrangements that require CFA to consult or reach agreement with any other person or body before taking any action regarding the things listed above.  The changes to the Fair Work Act also disallow the CFA from having EBA arrangements that restrict or limit CFA’s ability to recognise, value, respect or promote the contribution of CFA volunteers to the wellbeing and safety of the community.  And the changes prohibit the CFA from having EBA arrangements that require or permit CFA to act other than in accordance with the powers, functions and duties conferred or imposed on CFA (ie by the CFA Act) in relation to volunteers.

The changes also enable VFBV to make a submission to the Fair Work Commission (FWC) when matters before the FWC affect, or could affect, CFA volunteers.  To date VFBV has been locked out of any ability to raise concerns in the FWC even when matters contained in the CFA/UFU EBA directly impacted on volunteers.

MEDIA RELEASE - Friday, 12 August 2016

STATEMENT BY VFBV CEO ANDREW FORD ON THE ACTIONS OF THE CFA BOARD TO ADOPT THE UFU’S EBA ON FRIDAY AFTERNOON, 12 AUGUST 2016

Today is a day of infamy that will burn into the memory of every CFA volunteer.

It is the day that that a CFA Board decision, and those Board members who voted for it, betrayed volunteers and ignored their responsibility and obligations to the public of Victoria under the CFA Act and Victoria’s most successful emergency management arrangements.

This evening the CFA Board, made up of a majority Andrews Government-UFU ‘yes’ people accepted the UFU’s Enterprise Bargaining Agreement which will see the powers of the Chief Officer overridden, union interference with volunteer organisation, operations and support, and see volunteers treated as second class just because they are not paid.

The EBA fundamentally alters the nature of CFA organisation, operations and support for volunteers as required by the CFA Act and hands control of key activities within the organisation to the Fitzroy based UFU as part of the grab for power by union secretary Peter Marshall.

The UFU have made no secret of their objective to replace urban volunteers with paid staff, members of the UFU – just look at their various inquiry submissions including the Black Saturday Bushfire Royal Commission for confirmation. They would relegate remaining volunteers to second class status.

Every inquiry and commission has dismissed these submissions and recognised the fundamental importance of the current CFA volunteer arrangements and the need to continually grow our volunteer capacity to keep pace with urbanisation and the growth of bushfire risk because of climate change.

But consideration of these issues was ignored by the majority of the current CFA Board and the Premier and Minister who pushed them to accept the infamous Andrews-Marshall industrial deal.

The fact that the majority succumbed to political lies, manoeuvring and pressure reflects badly on them in the manner they have exercised their duty as CFA Board members.

We say the Board members who supported this deal have ignored their statutory and fiduciary obligations under the CFA Act and Commonwealth corporate law. They must be held accountable for this failure.

After the sacking of the previous CFA Board for acting in a lawful and responsible way, a way that did not suit Premier Andrews and his dirty deal with Peter Marshall, together with the forced resignation of Emergency Services Minister Jane Garrett who acted with enormous integrity in support of CFA and its vital role, outstanding CFA CEO Lucinda Nolan and our Chief Officer Joe Buffone who concluded that the UFU agreement is destructive of CFA efficiency and effectiveness, who is left to defend the real CFA?

After recent sackings and resignations there is only the state’s 60,000 volunteers through their association – VFBV – to stand up for the real CFA and effective public safety services for Victorians.

We have instructed our legal team to take further action immediately to defend the CFA as an effective volunteer based fully integrated fire and emergency service.

Our legal action is unprecedented for volunteers, or in the emergency services – but the consultation process with the CFA has been a sham and our careful analysis ignored.

We now have no other choice if the real CFA is to be defended.

But our campaign to defend CFA will not end there.

Volunteers across the state are mobilising in their local communities and regions. They will make sure Victoria is ready for the summer fire season and at the same time develop local campaigns to mobilise their communities in support of our campaign to defend the real CFA.

Like in countless battles against fires which threaten life and property, CFA volunteers will not give up – it’s just not in our DNA

• AUDIO: 3AW's Neil Mitchell interviews Minister James Merlino
• MEDIA: The Age coverage here

Included in this update:

• VFBV/CFA Consultation on Operational Staff EBA
• Parliamentary Inquiry into Fire Season Preparedness
• The Premier’s Troubling Comments
• Information we have requested from CFA
• VFBV’S Next Steps
• Actions You Can Take at the Local Level
• A Summary of the Key Matters VFBV Raised with the Parliamentary Committee
• See below to download a copy of this update

VFBV – CFA Consultation on Operational Staff EBA

VFBV concluded its formal court ordered consultation period with CFA on 20 July 2016. Subsequently, we requested to extend the consultations once the new CFA Board was in place in order to bring new CFA Board members up to speed with our concerns and suggestions.

Whilst CFA did not agree to further formal consultations we were invited to make a presentation to the full CFA Board on Monday 1 August. The UFU were also invited to make a presentation to the Board at an earlier time the same day.

I am pleased to report that this meeting was constructive and I am hopeful that progress on our issues can be made – we’ll wait and see.

In the lead up to this meeting we wrote to CFA on Friday 29^th July with further questions on the effect of the proposed CFA-UFU Operational Staff EBA, arising from our consultations so far and the feedback we are receiving from members. We also sent CFA an updated comprehensive assessment of the proposed EBA, clause by clause, with comments on issues and the actions that we believe are required.

We expressed the strong view that the completion of a genuine and meaningful consultation process under the Supreme Court undertakings, as well as the CFA Volunteer Charter, is dependent on the provision of all the information pertinent to the matter. We also expressed concern as to the lack of response and clarification from CFA, relating to the issues we have raised so far.

Parliamentary Inquiry into Fire Season Preparedness

On Tuesday, 2 August, VFBV made a presentation and submission to the ‘Inquiry into Fire Season Preparedness’ by the Victorian Parliament’s Legislative Council Environment and Planning Standing Committee. The UFU was also scheduled to make a presentation but Peter Marshall advised he was not able to attend due to illness. The effects of the proposed EBA on the preparedness and operations for the forthcoming fire season have already been raised as an issue in the Inquiry. Attached to this News Note is a summary of the evidence Andrew Ford and Adam Barnett presented to the Committee.

The Premier’s Troubling Comments

Over the past couple of weeks Premier Daniel Andrews has told the media that the proposed EBA will not affect volunteers. He has accused those who say it will affect volunteers and public safety to be liars, spreading grubby mischief and following a political agenda. For example, on regional ABC radio he said:

“One would hope that the misinformation, the lies the pretty grubby mischief that’s been going on in recent months will come to an end.  Again we’ll continue to be out there with the truth, the actual facts of these matters.” 

In the past week he has even implied that if the dispute went on, lives may be lost because CFA members were not focussed on the job if the industrial dispute continued and was not resolved:

“… the price is me having to sit in this studio and say to you that lives were lost, property was lost, because the CFA was not focused on keeping Victorians safe, I’m not prepared to do that.”

These comments are an insult to all CFA members, volunteers and paid. For all of us, our public service to the people of Victoria, our commitment to public safety comes first and we will never be distracted from that. The very reason we are taking the stand we have on the EBA is because of a profound commitment to a volunteer based, fully integrated CFA as the best way to provide public safety for Victorians.

Information we have requested from CFA

VFBV has requested further information from CFA in regard to the EBA arising from our consultations so far and feedback from members. The matters raised included:

• Whether the catchall clause 7A is the only proposed protection for volunteers
• How the proposed CFA Greater Alarm Response System (GARS) would work
• The effects on volunteers of clause 43.2.7; “seven professional firefighters to fireground incidents are dispatched before commencement of safe firefighting operations…”
• The impacts of restricting BASO and Volunteer Support program roles to paid firefighters
• How CFA will ensure VFBV and volunteers are genuinely consulted on issues handled by the EBA’s dispute resolution processes
• The content of the proposed Infrastructure Agreement between CFA and UFU, to be placed on file at the same time as the EBA is lodged with FWA, and how VFBV and volunteer members of those Brigades will have genuine opportunity to have input before any decision is made
• The listing of four additional locations for new integrated brigades - a direct contradiction of the Premier’s and Minster’s assurances that the proposed EBA will not affect volunteer brigades
• How the Emergency Management Commissioner will ensure genuine consultation, ensure the CFA Act is not overridden, take any necessary action in the Fair Work Commission, and protect the roles of volunteers in accordance with the CFA Volunteer Charter?
• When VFBV will receive an updated proposed EBA, showing amendments that are proposed to accommodate the volunteers’ concerns
• Whether there is a proposed interpretation document that will guide the application of clauses in the EBA, and when it will be provided to VFBV for discussion and consultation

In our view, the responses to these matters are fundamental to “genuine and meaningful” consultation with volunteers so that we may help shape the final decisions that affect us and CFA as a volunteer based fire and emergency service.

VFBV’s Next Steps

VFBV is continuing to work to ensure the now-complete CFA Board fully understands volunteers’ concerns, the ramifications of approving the EBA and ways in which those concerns can be resolved.  It is important to repeat that none of our concerns are about the pay and conditions of paid firefighters.

We are working with Federal Government to ensure its intended legislation to change the Fair Work Act is effective in protecting volunteers from the effects of enterprise bargaining agreements.

VFBV will keep raising the issues with Members of Parliament, business and community leaders and the general public.

We are actively advocating through public forums, events and the media, and it is important that volunteers across the state continue local activities to support our push for a fair outcome.

Andrew Ford

CEO

Volunteer Fire Brigades Victoria

ACTIONS YOU CAN TAKE AT THE LOCAL LEVEL

Volunteers should still be:

• Emailing and talking to local Members of Parliament at every opportunity
• Seeking meetings with MPs to tell them about volunteers’ concerns
• Raising the issue with local media and the community
• Keeping your signs, leaflets and other campaign materials ready, we may need to hit the streets at short notice
• And at all times, maintaining your normal professional standards of behaviour and emergency response to your community

Stay in touch with the issue via your State Councillors, FireWise, www.vfbv.com.au and VFBV updates to volunteers.

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SUMMARY OF KEY MATTERS RAISED BY ANDREW FORD AND ADAM BARNETT TO THE LEGISLATIVE COUNCIL ENVIRONMENT AND PLANNING STANDING COMMITTEE INQUIRY INTO FIRE SEASON PREPAREDNESS – 2 AUGUST 2016

Noted significant and compounding effect on fire seasons into the future

Stressed the vital importance of CFA volunteers to fire season preparedness, particularly:

• Volunteer surge capacity
• Interrelationship between fire service delivery in outer metropolitan Melbourne and Victoria’s fire season preparedness
• The importance of CFA’s integrated model for managing this interrelationship
• Proposed EBA’s impact on powers of the Chief Officer, the volunteer based and integrated nature of CFA and direct impact on Victoria’s fire season preparedness and operations
• Long term and potentially disastrous impacts of the proposed EBA requiring a cure

Urged Committee to rapidly do all they can to transparently investigate the EBA problems we have raised, ensure appropriate awareness of the problems and seek out necessary remedies to them.

The issue is not volunteers versus paid staff but rather the issue of inappropriate union control and influence in CFA and an EBA that effectively dismantles the current statutory nature and operations of CFA and erodes the CFA’s capacity to manage its operations.

CFA’s single chain of command is vital for effective response – CFA is founded on the principle of roles being performed based on the best person for the job (training, experience, proficiency, availability) – not based on pay status. Volunteers are trained, experienced and endorsed to perform CFA’s range of roles from firefighter to incident controller and incident management roles at the highest level in the state.

A significant proportion of response and surge capacity to deal with fires and major incidents is from outer metro volunteers. An erosion of the numbers and capacity of outer metro volunteers will cut Victoria’s response and surge capacity to deal with major fires and incidents and more community loss will occur.

The network of 1200 volunteer brigades across Victoria is the first line of community planning, preparedness and resilience and the basis of community education capacity all year round including the lead-up to every fire season.

Often 40% and sometimes more than half of the resources used to fight major fires and respond to major incidents are provided by volunteers from outer metro Melbourne. Sustaining and growing volunteer capacity in outer metro Melbourne and supplementing it based on genuine need, and based on the CFA integrated model, is essential to a state-wide response and surge capacity. The operation of fully integrated brigades with their core of paid staff working with volunteers to meet local service delivery requirements is an important part of the CFA’s model of operation. Full integration of staff and volunteers is recognised in the CFA Act.

The CFA Act also requires that CFA policy and organisational arrangements (for example, policies, procedures, work force design, volunteer brigade support arrangements and training) encourage, maintain and strengthen the capacity of volunteers. Further, the CFA Act also requires consultation with volunteers on all matters that may affect them prior to decisions being made – this is a vital mechanism for engaging and rendering a sense of co-operative involvement to volunteers in determining CFA’s future as it affects volunteers. This is an important part of sustaining and building CFA’s volunteer workforce – currently about 97% of the total CFA workforce – to meet current and future challenges, be it urban growth or the fire and flood effects of climate change.

The matters raised with the Committee regarding the proposed EBA:

• Erodes the role of volunteers;
• Restricts support to volunteers;
• Blocks proper consultation on matters which may affect volunteers;
• Dismantles the CFA integrated model; and,
• Restricts and overrides CFA (including Chief Officer) decision making.

These factors inherent in the current version of the proposed EBA will lead to reductions in volunteer capacity. If volunteers are not respected and utilised in a meaningful way there is a high risk of disengagement and loss of members – ‘use them or lose them’; respect them or lose them.

Implementation of the proposed EBA creates a significant and growing cost burden which will inevitably lead to the monopolising of resources to one small aspect of CFA business primarily in urban Melbourne rather than allowing CFA to determine priorities based on service need and risk. Consequently, regional Victoria and other operational priorities will see a progressive draining of available resources.

Once volunteers are gone and the traditions of service lost it will be very difficult to rebuild.

Pointed to various comments and assurances from Government regarding the EBA including:

• There is no impact on volunteers;
• Volunteer concerns have been fixed;
• The EBA only affects a handful (34) of CFA brigades;
• Volunteers are protected from the affects of the EBA;
• Support to volunteers is not impacted by the EBA;
• There is no veto power for the UFU in the EBA

Pointed out how these comments and assurances were not true!

Finally, appealed to the Committee to do everything in its power to ensure urgent, expert and transparent analysis of:

• The concerns raised by the immediate previous CFA Board, CEO and Chief Officer;
• Advice received from senior legal experts, including a numbers of QCs;
• The impact on CFA volunteer capacity and volunteer workload;
• The full additional costs and funding required to ensure limited funds are directed to best community safety outcomes as determined by the CFA, not an industrial agreement; and,

The wildly varying cost estimates of the EBA, noting CFA cost estimates suggesting an additional $1.2 billion required over three to four years, where some Treasury estimates place the cost at around $160m – There is a need to generate figures of which we can all be confident.

UPDATE 27 MAY 2016

CFA Operational EBA update - Friday 27 May 2016

This week, we have been attending hearings at the Fair Work Commission as part of Operational EBA negotiations.

We have now made formal written submissions to the Commissioner, and have again reinforced CFA’s position around any clauses proposed by the UFU that would:

• remove or diminish the ability of the Chief Officer to allocate and deploy resources flexibly and with agility
• require agreement or provide veto to UFU over CFA management decisions
• restrict or negatively impact on volunteers and BASOs.

The Commissioner will now consider our final submissions and will provide some potential next steps to resolve this matter.

A final hearing will be held at Fair Work on Monday, and the Commissioner is expected to discuss his thoughts and potential solutions to progress the current process.

This could involve handing down recommendations for all parties to consider.

CFA remains committed to resolving the matter as soon as possible, however any deal must be fair and affordable, and must not adversely impact on volunteers and needs to benefit Victorians.

From the Organisational Leadership Team – Lucinda Nolan, Joe Buffone, John Haynes, Steve Warrington, Garry Cook, Ross Sullivan, Trevor Owen, Bob Barry, Gavin Thompson, Peter O’Keefe, Paul King, Kate Harrap, Emma Tyner, Phil Harbutt, Margareth Thomas, Terry Hayes.

UPDATE 18 MAY 2016

Following more enquiries regarding the EBA, the CFA Organisational Leadership Team has released an updated EBA Information sheet, which is replicated below. You can download a PDF version either form the link at the bottom of this page, or directly from the CFA website; http://news.cfa.vic.gov.au/news/operational-eba-update-18-may-2016.html 

Ops EBA information

There are a number of questions that have been raised about the EBA negotiations. We
want to make sure you have the facts.

Organisational Leadership Team – Lucinda Nolan, Joe Buffone, John Haynes, Steve Warrington, Garry Cook, Ross Sullivan, Trevor Owen, Bob Barry, Gavin Thompson, Peter O’Keefe, Kate Harrap, Emma Tyner, Todd Perkinson, Phil Harbutt, Margareth Thomas, Terry Hayes