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Monday, 25 July 2016 00:00

22 JULY 2016 UPDATE ON THE CFA/UFU EBA

Items covered by this update include:

•             Court ordered consultation

•             CFA Board appointments

•             Proposed changes to the Federal Fair Work Act

•             VFBV’s next Steps

•             The Premier

•             Fundraising to support our campaign on behalf of volunteers

•             Actions you can take at the local level

SUPREME COURT ORDERED CONSULTATION BETWEEN CFA AND VFBV

The Supreme Court-ordered formal consultation came to an end on Wednesday, 20 July. 

There is now no legal requirement preventing the EBA from being pushed through, but there is also nothing preventing continuing consultation on the remaining matters.

VFBV has raised a number of key issues with CFA through the consultative process, but the result of our submissions is as yet unknown. Further, the consultation has been limited by the fact that there has only been about half, 5 of the 9 CFA board members in place.

Now that the remaining CFA Board members have been appointed, VFBV has written to CFA pointing out that it would be wrong if there wasn’t due time for that full complement of the Board with its full skills set to be able to work through the issues, understand the issues we have raised and make a properly informed decision.

The now-complete CFA Board must receive briefings on the full implications of proceeding with the EBA including all volunteer impacts and concerns, as well as studying all of the previous Chief Officer’s and CEO’s briefings, the relevant legal advice and full cost implications.

In the meantime, CFA is still required under the Supreme Court order to give VFBV written notice at least three business days before proceeding with the EBA in any form, and we have not received any written notice.

CFA BOARD APPOINTMENT OF VOLUNTEER NOMINEES

As set out in the CFA Act, VFBV provided a panel of nominees to be considered by the Minister for the four volunteer-nominated positions on the CFA Board.

The Act requires four volunteer nominees to ensure the CFA Board has strong volunteer expertise, knowledge and an understanding of CFA volunteerism, as well as knowledge of, or experience in, commercial, technical, operational, legal or financial matters; as well as expertise in fire services, emergency management, land management or any other field relevant to the performance of the functions of the Authority. 

VFBV received a large number of expressions of interest in the CFA Board positions, conducted detailed interviews and provided a panel of eight nominees.

The four CFA Board Members appointed from the panel are;

Timothy Young - a member of CFA since 1980, Timothy is is Brigade Secretary and Treasurer at Little River Fire Brigade and brings with him an extensive background in law.

Lynda Hamilton – Lynda has been a CFA member since 2011, has held brigade management roles, and has a strong background in management consulting and change management.

Peter Shaw -  a Deputy Group Officer at Knox Fire Brigades Group and a volunteer firefighter since 1974, Peter has a long history in police and emergency services.

Hazel Clothier – Hazel has been a CFA member since 2008, is currently captain at Warburton Fire Brigade and has a background in biomedical science and epidemiology.

PROPOSED CHANGES TO THE FEDERAL FAIR WORK ACT

The Turnbull Federal Government has reconfirmed its commitment to changing the Fair Work Act to prevent enterprise bargaining agreements from disadvantaging volunteers, or undermining the capacity of the CFA or other emergency services volunteer bodies to properly manage their volunteer operations.

Federal Minister for Employment, Michaelia Cash, has also offered to use her powers under the Fair Work Act to prevent the proposed UFU EBA from coming into effect, saying she will seek leave to intervene in the Fair Work Commission to oppose the approval of the EBA on the grounds that it contains discriminatory terms. 

Should the EBA be approved by the Fair Work Commission, the Federal Minister has offered to request a review by the Full Bench of the Commission and possibly mount a challenge in the Federal Court.

The Government has advised VFBV that it will take legislation to the first sitting of the new Parliament, which will be at the end of August, and the legislation will affect all new and current EBAs including any UFU EBA.

VFBV’S NEXT STEPS

VFBV is now continuing to work to ensure the now-compete 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.

THE PREMIER

The Premier has been in the media talking about the issues we are raising as though they are bush lawyering and lies, which is a discouraging sign.

However, we have talked to the new Chairman of the CFA Board, the Interim CEO and CFA senior management.  Many of the senior CFA management still share many of the concerns that we have raised.  For the new Chairman and Interim CEO there is much new information to consider.

In the meantime, his often repeated remark that the dispute has been going for more than a thousand days is a red herring; for all but about 70 of those days, it was the Premier and the Minister holding up the EBA because of the same issues VFBV is raising now.

FUNDRAISING - VALUING VOLUNTEERS FUND DONATIONS

VFBV has established a Valuing Volunteers Support Fund to receive donations to support the work we are doing to protect, advocate and represent CFA volunteers.  Donations will be accepted from members of the public. Donations are not tax deductible, but donors can request a receipt.  There are more details on the VFBV website www.vfbv.com.au and Victorian Farmers Federation members can donate through the VFF.

Key areas of expenditure for funds donated are:

•             To liaise and consult on the operation of the CFA Volunteer Charter in the interests of CFA volunteers about all matters which might reasonably be expected to affect them.

•             To defend and strengthen public support for the CFA as a volunteer and community based fire and emergency service

•             To develop awareness, respect and support for CFA volunteers and their fundamental and pivotal role in the CFA as a volunteer and community based fire and emergency service for the people of Victoria

•             To preserve and strengthen CFA’s community and volunteer based foundations by enabling members of CFA brigades to consider and bring to the notice of CFA all matters affecting their welfare and efficiency

•             To assist in maintaining high morale, ongoing health and welfare of CFA volunteer members and their families

•             To assist with legal costs incurred in achieving all or any of the above purposes

ACTIONS YOU CAN TAKE AT THE LOCAL LEVEL

Volunteers should still be:

•             Emailing or writing to local MPs and talking to them at every opportunity

•             Arranging meetings with MPs and telling them about volunteers’ concerns

•             Raising the issue in local media and with your community

•             Keeping your signs, leaflets and other campaign materials ready, we may need to hit the streets at short notice

•             Promoting our fund raising efforts

•             And at all times, maintaining normal emergency response to the community and professional standards of behaviour, including respect and conduct towards our paid staff colleagues

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

Read 17932 times Last modified on Wednesday, 03 August 2016 08:57
CFA Volunteers are the unpaid professionals of our Emergency Services. VFBV is their united voice, and speaks on behalf of Victoria's 60,000 CFA Volunteers.

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