VFBV

A bulletin from the United Firefighters’ Union (UFU) this week wrongly portrays recent changes to the Federal Fair Work Act as enabling an attack on career firefighters’ entitlements and conditions.

The changes to the law only ban proposed clauses in any Enterprise Bargaining Agreement (EBA) that would interfere in an emergency organisation’s legitimate work with, and support of, its volunteers, or its compliance with State laws such as the CFA Act.

Given that the UFU has previously stated that its proposed Enterprise Agreement had no effect on volunteers in any way, any claim that the new legislation will somehow interfere with staff’s conditions of employment is bewildering.

In fact, the amendments to the Fair Work Act specifically rule out having any effect on clauses that do not involve either protecting volunteers or complying with State laws. The amendments only enable VFBV to make a submission to the Fair Work Commission (FWC), on matters that affect, or could affect, CFA volunteers. So clearly, if any part of an EBA has no impact on volunteers, VFBV would have no ability to make a submission to Fair Work.

VFBV has always pointed out that it is only interested in aspects of the proposed CFA/UFU EBA that affect volunteers.  We have never asked for any role in the normal negotiation of pay and conditions, and the changes to the Fair Work Act do not give us that role.

HOW THE LEGISLATION WORKS

The recent Federal legislation made a simple change to the Fair Work Act, including amending section 195A of the Fair Work Act to make it objectionable for workplace agreements to restrict or limit the emergency service organisation’s ability to:

• engage or deploy its volunteers;
• provide support or equipment to those volunteers;
• manage its relationship with, or work with, any recognised emergency management body in relation to those volunteers;
• otherwise manage its operations in relation to those volunteers;

In addition, the legislation makes objectionable any term requiring CFA to reach agreement with any other person or body before taking any actions described in the above 4 bullet points, as well as anything that restricts or limits CFA’s ability to recognise, value, respect or promote the contribution of its volunteers to the wellbeing and safety of the community.

Clearly, these changes were designed to have no impact on the legitimate negotiation of pay and conditions; the improvements to the Fair Work Act simply represent what we have been asking for all along, a fair go for volunteers.

Platitudes and sweet sounding words about how wonderful volunteers are and the important roles they perform are of no consequence, when at its heart, a Commonwealth industrial law was being misused to disrespect, demoralize and subjugate tens of thousands of hard working emergency management volunteers, simply because they choose to receive no payment.

Volunteers ask for very little in return for their contribution to the community. However, what they do ask, is for their ability to perform their duties and protect their communities to remain unhindered. This includes protecting them from Commonwealth legislation being misused to their detriment, and the new legislation now provides that protection.

From the outset, VFBV has affirmed that it will only appear in Fair Work should CFA and the UFU submit an EBA that again tries to interfere with the roles and arrangements impacting upon volunteers. Should the parties agree to genuinely only submit an EBA that restricts itself to the legitimate pay and conditions of its workforce, then VFBV will have no quarrel with it, and will not seek leave to appear in the Commission.

Our aim during this dispute begins and ends with ensuring that industrial arrangements do not try to dismantle the fully integrated nature of CFA, that they don’t discriminate against CFA members simply because they choose not to be paid, and that volunteers can continue to deliver CFA services without interference from agreements in which they have no say.

It has been VFBV’s express position that we have neither the desire nor the right to be involved in legitimate CFA/union negotiations on pay and conditions for paid staff. Our interests are solely limited to those matters that affect volunteers.

We maintain that leadership is about moving forward, and the new legislation now provides CFA and Government the best opportunity to move forward and treat all fire-fighters (paid and not paid) as professionals and treat them with respect; backed by the full force of the law.

Constant misinformation campaigns only serve to extend the disruption and demoralizing impacts of this dispute for everyone involved. If CFA and the UFU put up a fair and lawful enterprise agreement that rewards our paid colleagues with better pay and conditions, while protecting and supporting the CFA volunteers that work alongside them in a fully integrated way, we can all move forward.

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You can download a full copy of the legislation here

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.