Farewell Chief
On behalf of the VFBV Board and volunteer leaders across CFA, it is with sadness and regret that I write to advise members that today Chief Officer Joe Buffone has tendered his resignation.
The CFA Chief Officer holds a special place in volunteer’s hearts. He is our operational leader and our symbolic head of authority in our shared mission to protect lives and property. Joe has exercised his responsibilities and authority with honesty, integrity and compassion.
Joe has been very clear in his recent messages and letter of resignation, that as Chief Officer he will be unable to discharge his legislative responsibilities under the proposed industrial agreement, confirming that the latest changes do not address his fundamental concerns. Joe, just as Minister Jane Garrett and CEO Lucinda Nolan before him, has had to choose between following his conscience and his job. As CFA’s most senior operational officer, he has acted with respect and integrity and done everything in his power to protect the safety of Victorian’s and remain impartial. He has, like those before him, been clear and unequivocal about the impacts the proposed agreement will have not just on volunteers but on CFA and its ability to discharge its responsibilities, in particular the powers of the Chief Officer.
Joe was appointed by Daniel Andrews on the 15th October 2015, and came to CFA from EMV where he was the Deputy Commissioner of Risk & Resilience. Mr Andrews also appointed the now Ex CFA CEO Lucinda Nolan in November 2015, a distinguished Deputy Commissioner with Victoria Police with over 30 years’ experience including acting as Police Commissioner.
Attempts by some to discredit a man that has spent over 25 years in emergency services encompassing senior roles with the Victoria State Emergency Service, Marine Safety Victoria, Port of Melbourne Corporation and Department of Infrastructure and served with the Australian Defence Force in Special Forces are quite disturbing. Both Joe and Lucinda have spent their entire lives serving the public in senior emergency response roles. Both have withstood the test of time and responsibility over their careers, that such important roles demand.
Just like the Governments spin about our court injunction “being lifted” and forgetting to tell the Victorian public that it was replaced with an even more onerous Court Order, they have again only told half the story.
Joe resigned on Tuesday.
Joe has stated publically today that Minister Merlino’s statements to the media about the factors underpinning his resignation are “absolutely incorrect”.
VFBV understands that it was Government and/or EMV officials that resisted his resignation, prompting discussions today and yesterday about what terms might be required to convince Joe to stay. It is entirely understandable that those terms might have included ensuring Joe had the organisational standing and powers to perform his role without the threat of being administratively overridden; it is also understandable that he might have sought confirmation about the security of his job tenure in order not to be threatened with being sacked if he didn’t toe the Government line against his assessment of the CFA statutory obligations that create and direct his role.
Despite the half stories being quoted by people in the media VFBV understand that Joe, after carefully considering his options, and concluding that he was simply unable to reconcile what he was being asked to do with what he knows are his statutory and legal obligations, he advised Government he would not reconsider his resignation. As Joe reminded volunteers on the weekend, when things go wrong, it will be the Chief Officer who will be in the stand, as occurred during the Victorian Bushfires Royal Commission. It is therefore incumbent on the person who holds that office, to ensure they have the powers necessary to fulfil their role, and his assessment was frank and fearless. The proposed agreement is not good for CFA, it was not good for Volunteers and it is not good for Victoria.
Joe broke his silence this afternoon on 3AW, and you can listen to his interview here; http://www.3aw.com.au/news/former-cfa-chief-fire-officer-says-hes-absolutely-gutted-over-his-resignation-20160630-gpvkje.html
Joe has prosecuted his case in a respectful, professional and poignant way. He has gone to extremes to remain balanced and impartial, and operated as a loyal and honest broker. He will be remembered as the Chief who stood up for what he believes is right, and leaves with our utmost respect and thanks. Joe, your stance to attempt to save CFA, has been exemplary.
Thank you for your service and dedication, we won’t forget you.
Sincerely,
Andrew Ford
Chief Executive Officer
CFA/UFU Enterprise Bargaining Agreement – Thursday, 2 June Update
VFBV rejects the Fair Work Commission’s recommendations and the premise that it is able to be a fair and independent umpire in this case
- The new CFA EBA Update says the Board still has serious concerns
- See the proposed CFA/UFU Enterprise Bargaining Agreement (note: large download)
- See how to raise the issue, including signs you can download
Fair Work Commission recommendations
The Fair Work Commission has issued recommendations on the CFA/UFU Enterprise Bargaining Agreement that represent the threat of union control over CFA.
Download the Fair Work Commission’s recommendations here
VFBV had applied to consult with and assist the Commission (see VFBV’s letter here) in understanding the impact and overall effect of various union clauses in the proposed agreement, particularly regarding the delivery of CFA protection to the communities it serves.
Our application to be heard on these issues on behalf of CFA volunteers was rejected by the Commission. This was despite the fact CFA volunteers comprise 97% of CFA’s workforce and large parts of the proposed Agreement directly affects them.
The recommendations are unacceptable to CFA volunteers; they are totally inadequate in ensuring that CFA remains an effective volunteer and community based fire and emergency service in the face of a union representing just over 1% of the CFA workforce trying to take control.
If implemented the amended Enterprise Agreement will mean the progressive dismantling of the CFA as a volunteer and community based fully integrated service.
CFA Board
CFA has issued a new Operational EBA Update (2 June 2016), explaining that the CFA Board met to review the recommendations and is seeking further advice.
In its update, the CFA Board pointed out that the recommendations are for consideration and not binding, and it remains seriously concerned about the implications.
The Operational EBA Update says CFA is concerned with parts of the proposed EBA that would affect the Chief Officer’s ability to allocate and deploy resources, include a union veto over CFA decisions, negatively impact on volunteers and BASOs, and be discriminatory.
The CFA Board is seeking further discussions with the State Government on the operational and financial impacts on CFA.
What you can do to support CFA and volunteers
See the Herald Sun article online – this includes an online opinion poll.
Download signs for use in your local area
Note: Posters may be printed up to A2 size.
Concerned? Email or call your local MP or your local newspaper.
Talk to your VFBV State Councillors or your Brigade Delegates about taking action in your local area.
New to the EBA issue?
Keep reading for recent VFBV and CFA updates that look into why the volunteers, CFA senior managers, the CFA Board, CEO and Chief Officer, and the Minister for Emergency Services are all so concerned.
1 June 2016
HERALD SUN ARTICLE - VFBV'S LETTER TO THE PREMIER - POSTERS FOR VOLUNTEERS
Following the Herald Sun’s front page article today - VFBV has verified the Herald Sun’s main points and is confident that this is an accurate report of the events that took place yesterday in the Commonwealth’s industrial relations commission, called Fair Work Australia, and is cause for great concern and alarm.
As we advised on Monday, on the back of statements by the Premier and senior government Ministers who have stated that the Commission is a “fair and independent umpire”, VFBV sought leave on behalf of CFA volunteers to appear to assist the Commission understand the effects and impacts that some of the proposed industrial agreement clauses would have on CFA volunteers and their capacity to serve the community. Despite volunteers making up 97% of CFA’s workforce, that the proposed Agreement had widespread negative effects on CFA volunteers and despite the Volunteer Charter being enacted by the Victorian Parliament as law, the Commissioner has advised us that our request to be heard on your behalf was denied.
Volunteers are now pleading with the Premier, the Cabinet and all Victorian MPs to do what the industrial umpire did not: have the decency to hear our concerns, properly consider them, and protect volunteer firefighters and the Victorian public from any negative impacts.
The CFA CEO, Chief Officer, Board, Operational Command, Volunteers and the Minister are all united against the adoption of the proposed Agreement and are all saying the same thing - the proposed agreement, even with the slight changes recommended by the industrial commissioner, will significantly impact on volunteers and their capacity to effectively serve the community as well as impact on CFA’s ability to make decisions. On any other day that would be enough.
We have requested the Premier ensure that CFA’s capacity to make timely decisions on operational and other resource allocation remains unencumbered, and to make it explicit that the UFU industrial agreement is not to override or set aside relevant Victorian legislation or to marginalize CFA volunteers or relegate them to a lesser role than paid staff.
We are fielding many calls from volunteers who are disenfranchised and some who are considering resigning. We urge you to please not make any hasty decisions. Our communities still depend on us, and we have always met that commitment with our utmost dedication. There is still time for our Victorian Cabinet Ministers to listen to us, respect the work you do and heed our message. This does not mean members should not start planning for the worst and escalating any local actions to raise concerns with MPs, local councils and other bodies. We also need you to be ready if further action is required. These are testing times and we remind members that volunteers have no quarrel with our paid firefighter’s pay and conditions, and we want those sorted quickly. Please remain respectful of each other. We are taking a principled, moral and values driven position, and these values should guide our decision making.
Today and tomorrow may set the scene for the future of CFA. Members are urged to continue emailing and writing their local Members of Parliament, especially Cabinet Ministers who may be deciding the outcome of this matter this week. You should ask how volunteer views and concerns are being considered if they have not been allowed to be properly put in the current process. You should ask if they will personally protect you and your community’s volunteer firefighters from any impacts that may retard or reduce their capacity to protect the community.
Any inclusion of anything (other than pay and conditions) that seeks to control, demoralize or disregard volunteer firefighters is just morally wrong and we need our leaders to stand up on our behalf and respect the commitment provided to us through the Volunteer Charter which states;
That the Victorian Parliament’s & CFA’s policy outcomes are to be judged against the following principles;
Is it fair?
Is it just?
Is it reasonable?
Does it discriminate against volunteers?
Is the outcome practicable and sustainable?
Is it in the best interests of the safety of the Victorian community?
We should expect no less.
Handy Downloads for Volunteers
Here is some additional information, and resources to assist volunteers in raising the issue:
VFBV’s Letter to Premier Daniel Andrews
Posters
Note: Posters may be printed up to A2 size.
27 May Update
The Fair Work Commissioner is considering final submissions on the CFA/UFU Enterprise Bargaining Agreement dispute and is expected provide potential next steps to resolve the matter soon, possibly on Monday 30 May.
CFA issued a new Operational EBA Update on Friday, 27 May 2016 - you can see that new CFA update here.
You can read CFA's 18 May Operational EBA Update - click here to download - issued 18 May 2016
Statement from CFA Board 12 May 2016:
We are deeply saddened by reports of deteriorating relationships between volunteers and staff in some areas.
Many volunteers have told us they do not want to get involved in genuine negotiations about pay and conditions of staff, and nor should they.
They do, however, have a right to raise concerns over potential decisions that directly impact them, and CFA is required to consult on these issues.
We once again ask all members to be tolerant of each other's views and for everybody to treat each other with appropriate respect.
At a recent Board meeting, we discussed our desire to see a resolution to the EBA discussions as soon as possible, but reconfirmed we will not negotiate on the inclusion of certain clauses being sought by the UFU.
These clauses 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.
We do want to emphasise that we remain committed to consulting extensively with our membership on any significant changes that impact them, their safety or their terms and conditions. The position we have taken does not diminish this in any way.
The UFU presented these clauses in a draft EBA to the Victorian Government.
We believe it would be beneficial if all members covered by the proposed agreement had access to the current proposal (version 17.1) so that you are appropriately informed about the discussions, issues and impacts.
As this is a UFU document, and not CFA’s proposal, we have written to the UFU to seek their agreement to make it available to their members.
Tomorrow, we will be attending a Fair Work Commission hearing, which was requested by the UFU. We will be presenting what we can and can’t agree on.
We will continue to update you on developments.
From CFA Board
(John Peberdy, Ross Coyle, Michael Freshwater, Katherine Forrest, James Holyman, John Schurink, Michael Tudball, Samantha Hunter)
Posted on the CFA website, 4pm 12 May 2016
STATEMENTS FROM MINISTER GARRETT AND THE CHIEF OFFICER - 11 MAY 2016
Emergency Services Minister Jane Garrett has told Nine News, “I do have grave concerns about some of what has been in various logs of claims from the UFU.”
“We want this resolved as quickly as possible but it will be on terms that look after all of our firefighters.” (Nine News, 11 May 2016)
And CFA Chief Officer Joe Buffone has issued a statement saying “there has been much debate devoted to negotiations around a new enterprise bargaining agreement” and that “there has also been misinformation that needs to be corrected.”
He says the current EBA log of claims includes clauses “that will adversely impact on volunteers and CFA’s ability to run the organisation in a way that will best serve all Victorians.”
You can read his full statement in the Weekly Times here.
CFA VOLUNTEERS' MOTORCADE OF SUPPORT
CFA volunteers held a motorcade of fire vehicles through the streets of Melbourne on Saturday 23rd April, 2016, to demonstrate their support for the CFA and Emergency Services Minister Jane Garrett. Fire vehicles came from all corners of the state to converge on the city. See TV coverage here: SBS TV News, WIN TV News Gippsland, ABC TV News
The Minister and CFA have been sidelined by the Premier, Daniel Andrews, who is reported to have done a secret personal deal with Firefighters’ union secretary, Peter Marshall which would see the Union gain significant control over CFA operations as well as achieve massive pay and allowance increases.
“The CFA and the Minister were negotiating with the union in good faith for a reasonable financial settlement for paid firefighters but would not agree to surrender proper management and operational functions or to marginalise volunteers as the Union demanded”, Volunteer Fire Brigades Victoria CEO Andrew Ford said.
“It has become clear to volunteers that in recent days the Premier went behind the Minister’s back and reached a deal with Peter Marshall which gives the union virtually all it wants,” he said.
“And that includes marginalising experienced and qualified volunteer firefighters who are committed to volunteer community service and flooding the organisation with unneeded extra paid staff to replace thousands of urban volunteers without increasing public safety.
“The cost implications of the Premier’s sell-out are huge, with the fire service levy on households and business expected to significantly grow year on year for years into the future as more and more volunteers are replaced by paid employees under the union’s system.
“The name “The Marshall Plan” will have a totally new meaning.
“Where’s the money coming from? Out of our pockets of course!
“It’s ironic that after capping municipal rates and charges the government’s fire service levy, which municipal councils’ are required to send out on their rates notices, will grow like topsy.
“The public safety implications are particularly troubling. If you undermine, deactivate and progressively push out volunteers, who will provide Victoria with a surge capacity to respond to major fires and emergencies?
“And if you are substantially reliant on paid staff be prepared to pay overtime, penalty rates, extra shift allowances, meal allowances, accommodation costs and allowances as well as the wages that will be required to have sufficient paid staff available.
“And remember they are going up by 19% under the Andrews-Marshall industrial deal.
“Daniel Andrews either hasn’t thought this through or just doesn’t care.
“Jane Garrett has demonstrated that she has thought this through, understands the issues and details and repeatedly demonstrated she does care.
“The CFA Board and its leadership, including CEO Lucinda Nolan and Chief Fire Officer Joe Buffone know what’s at stake in respect of cost and operational capacity to keep Victorian’s safe.
“That’s why volunteers are mobilising to support Minister Jane Garrett and the CFA and its leadership.”
For all inquiries ring the VFBV office on 9802 0501.
New Chief Officer for CFA
VFBV welcomes the appointment of former DCO Joe Buffone as CFA’s new Chief Officer, due to take up the role in November.
Mr Buffone is currently the Deputy Commissioner of Risk and Resilience for Emergency Management Victoria (EMV). He has also served as Deputy Emergency Services Commissioner for Victoria, and performed a series of senior roles with CFA in the wake of the 2009 fires and the Victorian floods of 2010-11. He has been a CFA volunteer for more than 15 years.
Joe Buffone will succeed CFA Chief Officer Euan Ferguson. Euan will be remembered as a hands-on Chief Officer, who took up the role in 2010 after 10 years at the head of South Australia's Country Fire Service and led CFA through a time of considerable change, including the effects of the Victorian Bushfires Royal Commission and the move towards a more interconnected Emergency Management Sector.
