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.

*               *               *

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.

UPDATE FOR MEMBERS - 23 AUGUST 2016

Yesterday, Monday 22 August, the Federal Government released its draft legislation, the Fair Work Amendment (Respect for Emergency Services Volunteers) Bill 2016 in accordance with its commitment made during the Federal Election (you can download a copy of the Bill below).

VFBV was able to provide valuable input to the development of the legislation, and we are very pleased that it has shaped up in a way that we believe meets our concerns and deals with the practical issues affecting volunteers.

The legislation will be a simple change to the Fair Work Act, making 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;

The legislation will also provide an ability for volunteers, through bodies such as VFBV, to make submissions to Fair Work Australia in respect of these issues if we have any concerns.

The amendments aim to fix an anomaly in Commonwealth law that affects CFA volunteers and the volunteers of other emergency service organisations covered by the Fair Work Act. The anomaly, which has been of concern over recent months, allows enterprise agreements for paid emergency service workers to override State emergency management laws such as the CFA Act.

For CFA volunteers, the anomaly means that if the proposed UFU agreement was adopted under current Commonwealth industrial law, it would effectively allow industrial interference into the organisation, operation and support of CFA volunteers, and CFA decision making affecting volunteers.

The Federal Government proposes to table the legislation next week, the first sitting week of the new Parliament.  We are hopeful that it will get support from all sides of politics in both Houses of Parliament, and volunteers from Victoria and other States will be working with MPs and Senators to explain the need for, and benefits of, the legislation and the importance of it to volunteers.

The legislation has no impact on pay negotiations, but does provide a mechanism to address the concerns that have been broadly discussed about the current EBA.

The votes of independents and smaller parties may be crucial in getting the legislation through the Senate, and there are some early signs of support.  Newly elected Senator Derryn Hinch has been on radio this morning, expressing his support, and South Australian Senator Nick Xenophon has written to the Council of Australian Volunteer Fire Associations (CAVFA), expressing his support for moves to rectify the anomaly, so we are hopeful that this is a sign of support to come.

In the meantime, VFBV’s preparation for the Supreme Court action beginning on 22 September is under way, and one of the most important things Brigades can be doing is helping us promote the fundraising for this initiative, and encouraging people to support volunteers by visiting our website www.vfbv.com.au to make a donation, or fundraising through work with community groups, sausage sizzles and other local efforts.

Victoria’s Premier Daniel Andrews, the new Minister for Emergency Services James Merlino, the CFA Board and management, and the UFU Secretary Peter Marshall, have all made claims that they have no intention of the EBA negatively impacting on the role of volunteers, the provision of support to volunteers or CFA decision making.  As such, we would expect that they have no problem with the proposed Fair Work legislation, and therefore we expect their support also.

We disagree with their assessment as to whether the proposed EBA does or does not impact on volunteers, and as such we see the Fair Work Act legislative amendment as very sensible and very necessary protection for volunteers and the work we do.

IN THIS UPDATE:

-          Supreme Court Action Tomorrow

-          VFBV Challenges Misleading Public Comments

-          What We Requested from CFA

-          What Little We Got In Return - 

VFBV INJUNCTION APPLICATION TO SUSPEND EBA PROCESSING

Our injunction to suspend the processing of the UFU EBA because it contains clauses contrary to the CFA Act affecting volunteers will be considered by the Supreme Court on Wednesday morning.

------------------------------------------------------------------------------------

MISLEADING PUBLIC COMMENTS BY CFA CEO FRANCES DIVER

In repeated statements to the media, CFA CEO Frances Diver has said that as part of the VFBV-CFA consultation arrangements CFA had provided VFBV with “extensive documentation”.  This is simply untrue and we are disappointed that Ms Diver would try to rewrite the truth.

Ms Diver’s failure to present the facts with accuracy also extends to claims that the arrangements negotiated with UFU, principally through a Statement of Intent document by CFA and UFU, provide protection to volunteers and the role they play and somehow protects the powers of the Chief Officer under the CFA Act. This is simply wrong. 

There are two critical problems with the ‘Statement of Intent’ document, its supposed protections for volunteers are very limited at best and at any rate the document has no legal standing and is unenforceable.  If the EBA is registered it is not impacted by the statement of intent documents and where its terms and requirements differ from the CFA Act, it prevails over the Act as a matter of law.

That is why we are left with no option other than to take legal action to try and stop the EBA while it still contains clauses which negatively impact on volunteers and the operations of CFA as a volunteer based fully integrated service.

WHAT WE GOT FROM CFA

In respect to Ms Diver’s public claims that “CFA has provided VFBV with extensive documentation” during the supposed consultation period, here are the facts.

The only information we received from CFA was:

1. At the start of the period for consultation, CFA gave VFBV a single copy of version 17.4 of the proposed EBA on 24 June.  The following week the document was made generally available to CFA members on the CFA website.
2. On 12 August 2016 (at 10:57 am) – A letter from CFA lawyers advising VFBV that CFA had considered the matters raised by VFBV and in light of the bargaining position of the UFU and in the context of the policy position of the Victorian Government, no further changes had been able to be agreed.  CFA attached a draft 2½ page joint statement of intent by CFA and UFU, and a draft one page letter from the CFA Chair to the CFA Chief Officer instructing that the draft EBA has been approved by the CFA Board.
3. On 12 August 2016 – A letter from CFA Lawyers notifying VFBV of CFA’s intention to request that employees approve the EBA by voting for it etc.  Although not sent directly to VFBV, CFA also posted to the CFA intranet at 6:44 pm on 12 August 2016 advising of the CFA Board decision re the proposed EBA, and attaching the letter to the CFA Chief Officer; the CFA/UFU intent statement; the CFA Board resolution; and copy of the final version of the EBA

This information can hardly be described as “extensive documentation”.

WHAT WE REQUESTED FROM CFA

Now compare this to the questions we raised that CFA refused to answer and information we requested that CFA wouldn’t provide to address the concerns identified by VFBV and its members:

•          Is clause 7A as presented to us (in EBA version 17.4) the full extent of proposed protection for volunteers from alteration of their rights, roles and operations by the proposed EBA?
•          What is the model of a Greater Alarm Response System (GARS) being proposed to be implemented within CFA?  How will a CFA GARS approach operate in practice?  Has CFA completed an analysis of the volunteer workload created by such an approach, and if so can you please provide this analysis for volunteer consideration?
•          What is the model that CFA is proposing, to meet its obligation under clause 43.2.7: “seven professional firefighters to fireground incidents are dispatched before commencement of safe firefighting operations…” (District 2, 7, 8, 13, 14, 15 and 27), including:

o   Flow on workload operational and fire ground safety implications for volunteers and volunteer brigades;

o   Step up implications and additional workload implications for volunteer brigades and volunteers at integrated brigades.

o   Impact on support availability to volunteer brigades currently supported by integrated brigades.

o   Impact on integrated brigade paid firefighter crews being more frequently dispatched out of primary brigade service areas on volunteer workload and primary service area risk exposure etc.

•          What are the “agreed impact of” BASO and Volunteer Support program by persons covered by the proposed EBA? (referenced in clauses 15 & 16).  VFBV continues to contest that the BASO and Volunteer Support Programs are not appropriate inclusions in the Operational EBA and are fundamental non-operational volunteer support programs.  As such any changes to these programs impact on volunteer brigades across Victoria.  Inclusion of the BASO and VSO clauses in this EBA is a direct contradiction of the Premier’s and Minister’s assurances that the proposed EBA has no effect on volunteer brigades.
•          What process will CFA be using to ensure VFBV and volunteers are genuinely consulted on matters arising from the EBA’s Consultation and Dispute Resolution processes? (Clauses 21, 26, 27 and 58)
•          What process will CFA be using to ensure VFBV and volunteers are genuinely consulted on matters arising from discussions initiated by Clause 41?  What process will CFA use to ensure the results of that consultation and volunteer inputs specifically - can be genuinely considered in decision making?  How will dispute resolution provide guaranteed fair and equitable outcomes for volunteers?

Because none of this information was provided during the consultation period, VFBV:

•          wrote to CFA on 29 July further requesting this information;
•          following CFA’s failure to again provide the requested information, we reiterated the request for it at the meeting with CFA Board on 1 August 2016;
•          arising from CFA’s continued failure to provide the request information, we again requested the information on 7 August 2016 as part of our submission to the CFA Board in response to their request for VFBV’s suggested amendments to problematic EBA clauses (per the request made by CFA Board at the meeting of 1 August 2016); and,
•          yet again on 12 August 2016 we requested the information we had sought over the preceding weeks.

Further, on 7 August 2016, following statements made by the CFA Chief Officer to the Legislative Council Committee on Environment and Planning’s Inquiry into fire season preparedness that he had received further information on matters relating to ‘CFA’s 14 threshold issues’, we requested such information, including details on how the threshold issues would be dealt with in a legally enforceable manner in association with the application to register the EBA with the Fair Work Commission.

We are yet to receive this information from CFA.

As members can see from the details above, the information provided to VFBV was negligible and can hardly be said to meet anybody’s definition of ‘extensive documentation’. CFA’s failure to provide important and relevant information to us during the consultation process and in the period thereafter when we were still daring to hope that we could come to a settlement with the new CFA Board that met the obligations and intent of the CFA Act is a bitter disappointment.

Andrew Ford

CEO

Volunteer Fire Brigades Victoria

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.

                                                          *               *               *

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.

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.

In This Edition

• Farewell to Chief Officer Joe Buffone
• Federal Election Impacts on CFA
• CFA/EBA Volunteer Feedback
• VFBV's Concerns with the proposed EBA
• Have Your Say - Register here for the 2016 VFBV Volunteer Welfare & Efficiency Survey

Farewell to Chief Officer Joe Buffone

By Andrew Ford, Chief Executive Officer

On behalf of the VFBV Board and volunteer leaders across CFA, it was with sadness and regret that we heard that Chief Officer Joe Buffone tendered his resignation.

The CFA Chief Officer holds a special place in volunteer’s hearts. He has been 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 would have been 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, 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 would 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 the Andrews Government on 15 October 2015, and came to CFA from Emergency Management Victoria where he was the Deputy Commissioner of Risk & Resilience. the Andrews Government 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 the 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 Government’s 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 the Tuesday.

Joe has stated publically that Minister Merlino’s statements to the media about the factors underpinning his resignation are “absolutely incorrect”.

VFBV understands that it was after his resignation that Government and/or EMV officials resisted his resignation, prompting discussions 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 understands 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, advised Government he would not reconsider his resignation. As Joe reminded volunteers, 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 is not good for volunteers and it is not good for Victoria.

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.

FEDERAL ELECTION IMPACTS ON CFA

As this edition of Firewise goes to print, volunteers across Victoria are working within communities to express their concern about the current CFA/UFU industrial agreement negotiations. The issue has been made a federal election issue by the timing of Victorian Premier Andrews push to ram the deal through and because the deal is using federal industrial relations legislation to override CFA State legislation to give control of CFA to the UFU.

Although some people are saying this is a state issue, it is both a federal and state issue because the UFU deal is using federal industrial legislation to take control of and override CFA state legislation. The links will become clearer as the federal debate proceeds in the new parliament. As this edition goes to print, there is a solution on the table from Malcolm Turnbull, we are still hoping for help with a solution from Bill Shorten and we will continue to pursue support for the necessary changes from all members of parliament.

VFBV and volunteers have remained non-party political throughout this dispute and will remain so. There is no doubt that we have enormous community support across Victoria. Many people have said to volunteers across the State that they share our disgust and anger with Premier Andrews about the sell-out of CFA. In recent days newly appointed Minister Merlino has attacked the integrity of our CFA Chief Officer Joe Buffone who resigned because he said the UFU EBA proposed deal would make it impossible for him to fulfil his statutory role, and this is just another demonstration of how low people pushing this deal are prepared to go. UFU Secretary Peter Marshall, Premier Daniel Andrews and Minister James Merlino have politicised the Fire Services. Public safety should be above party politics, and VFBV deplores the approach this government has taken on this issue, wedging volunteers, their paid colleagues and the community against each other. They have criticised and acted to gag VFBV, CFA Board, CFA CEO, CFA Chief Officer and their own Minister, Jane Garrett for speaking up, but we will not step back or apologise for defending volunteers and the communities they protect. We will not be gagged.

Whatever happens at this 2016 federal election, volunteers need to continue to hold our heads high as we continue to seek a fair hearing on this issue and to sustain Victoria’s proud history of CFA volunteering.

CFA/EBA Volunteer Feedback

You can now download the current version of the proposed CFA-UFU Operational Staff Enterprise Agreement 2016 (version 17.4), that has been provided to VFBV for consultation purposes arising from our recent court action to enforce the consultation provisions of the Volunteer Charter.
We now urge you to examine the EBA and use the feedback form available on this website  covering such things as:

• questions
  
  
• concerns
  
  
• practical Implications
  
  
• local volunteer capacity implications
  
  
• impacts on CFA operating as a fully integrated organisation
  
  
• potential to discourage volunteers or impact on their welfare and efficiency
  
  
• potential impacts on CFA’s volunteer based culture
  
  
• anything that might limit or erode support for volunteers
  
  
• anything that impacts on CFA’s ability to genuinely consult with volunteers

The document should serve to dispel any criticisms of VFBV’s broad concerns and comments made to date as “unfounded and misleading” by Premier Andrews’, new Minister Merlino and UFU leadership.

Clearly this latest version speaks for itself as did earlier versions when they were made public. The matters of concern that we have raised are either written in the document itself or would be the necessary outworkings of the implementation and operation of various clauses on volunteers and the organisation and operation of the CFA as a volunteer based and fully integrated fire and emergency service.

Recent independent legal commentary by Mr Jack Rush QC sums it up well, by stating that the UFU EBA proposal is contrary to the CFA Act because it works against the idea that CFA is first and foremost a volunteer based organisation in which volunteers and paid staff are to work in a fully integrated manner; it undermines the role of volunteers; and it provides unprecedented powers to the UFU.

VFBV’S CONCERNS

At a fundamental level our concerns with previous drafts of the UFU EBA proposal are not addressed. There has been some change in the detail but the EBA still includes clauses that interfere with the Chief Officer’s operational resource decision making autonomy; directly impact on the provision of support to volunteer brigades; affect the way the CFA integrated system works; affect the role of volunteers and impact on CFA brigades across Victoria, not just the 34 Integrated brigades as stated by Premier Andrews and recently appointed Minister Merlino.

Recent claims made by Premier Andrews and Minister Merlino that the UFU EBA proposal only impacts on the work of paid staff or on the way CFA’s 34 Integrated brigades operate is not only fundamentally wrong in terms of the way CFA’s volunteer and integrated brigades network together to respond to incidents but it is also categorically wrong given the fact that:

• provision of Brigade Administrative Support (BASO) to all CFA volunteer brigades will be altered by clause 15;
  
  
• the support provided by CFA Volunteer Support Officers to CFA volunteer brigades across Victoria will be altered by clause 16;
  
  
• the UFU EBA (17.4) proposal perpetuates the UFU’s long running ban on any volunteer brigade being supported by Community Safety Facilitators despite volunteer brigades repeatedly pointing out that this brigade support initiative is still regarded as one of the most successful volunteer support initiatives ever;
  
  
• at any fire ground where volunteers and paid staff come together at an incident the reporting relationships and line of control becomes unclear given clause 35.4 which at a minimum creates confusion and at worst is likely to unpack the current CFA integrated system (not to mention it appears to specifically exclude DELWP staff being recognized as incident controllers);
  
  
• the UFU EBA (17.4) proposal perpetuates deficiencies in the CFA’s paid training staff workforce management arrangements, an issue highlighted repeatedly by volunteers, CFA and recent independent inquiries;
  
  
• the UFU EBA (17.4) proposal specifically dictates the future operational and resource arrangements for a number of fully volunteer brigades, despite Premier Andrew’s and Minister Merlino’s claims that there is no impact beyond the existing 34 integrated brigades
  
  
• the UFU EBA (17.4) proposal introduces changes to Road Accident Rescue, a function currently performed by many CFA and SES volunteer brigades and units
  
  
• the UFU EBA (17.4) proposal introduces a process to change the way CFA responds to incidents affecting many more brigades than the existing 34 integrated brigades and it is unclear how volunteers would be consulted about this process and form to date would suggest that if it ends in Fair Work Australia, volunteers would have no say
  
  
• various clauses requiring agreement between CFA and the UFU mean that obligations to consult with volunteers are likely to be sidelined or potentially ignored
  
  
• various clauses about dispatch of paid firefighters to incidents ignore the role and capacity of trained volunteer firefighters, impact on many more than the 34 integrated brigades and enable an EBA instrument to override the Chief Officer’s powers and decision making
  
  
• and the list goes on…

Sadly, most of the crucial concerns we have had with previous versions have still not been properly addressed. In spite of the Government’s claims, a new clause (7A.1) which states “The role of volunteers in fighting bushfires and maintaining community safety and delivering high quality services to the public in remote and regional areas and in integrated stations is not altered by this agreement” fails to recognise that CFA brigades do more than fight bushfires in remote and regional areas and either cleverly or by accidental omission ignores the fact that CFA volunteer brigades service a huge part of metropolitan Melbourne and provincial centres & townships across Victoria.

We will be asking for clarification during this consultation stage as to what this clause means and how it works when other clauses contained in the EBA specifically contradict this clause. We know that CFA’s own assessment is that the EBA clauses affect many more than the 34 integrated brigades and fundamentally alters the way CFA works today as a volunteer based and integrated system. By what it omits to say, if this clause is aiming to suggest that the role of volunteers in outer metropolitan Melbourne and urban communities will be altered, then this would be a matter of serious concern. The failure of this clause to specifically recognize the role of volunteers in the urban risk environment is consistent with our assessment of the impact of many of the clauses that this EBA would have on the CFA volunteer capability that we have today, and at a fundamental level reinforces our concern.

Premier Andrews and Minister Merlino continue to make public comment that all volunteer issues have been addressed despite the fact that they still have not bothered to seek to understand VFBV’s concerns. Instead the Minister has advised us that Cabinet have made their decision.

Until the consultative process we are working through with CFA is completed, and despite the Government ignoring Ex Minister Garrett’s, the now sacked CFA Board’s, and the Ex CFA CEO Lucinda Nolan’s advice, we remain hopeful that the Government will not continue to ignore volunteer and VFBV concerns.
Because of the Court arrangements, timelines for both member/brigade consultation and direct consultation with CFA are very tight and your expedited assistance is required.

Our next formal discussion with CFA is currently scheduled for Friday, 8 July and it is anticipated that a schedule of formal consultation meetings with then continue until 19 July.

We are looking to volunteers to respond as early as possible. All responses will be kept confidential, and will all be consolidated to anonymize any responses. You can send your feedback back to This email address is being protected from spambots. You need JavaScript enabled to view it.

HAVE YOUR SAY

The 2016 VFBV Volunteer Welfare & Efficiency Survey opens from 15 July to 29 August, and volunteers will no doubt have plenty to say this year.

Register now at www.vfbv.com.au/cfa or call (03) 9886 1141 for a printed copy.

This volunteer run survey is in its 5th year, and a record 2,500 volunteers took part last year. Your answers are confidential and the final results go to the VFBV and CFA Boards, the Emergency Management Commissioner and the Minister for Emergency Services.

Attached at the bottom of this page, is the current copy of the proposed CFA-UFU Operational Staff Enterprise Agreement 2016 version 17.4, which has been provided to VFBV for consultation purposes arising from our recent court action to enforce the consultation provisions of the Volunteer Charter.

This document is provided to you for examination by members of your brigade for feedback covering such things as:

• questions
• concerns
• practical Implications
• local volunteer capacity implications
• impacts on CFA operating as a fully integrated organisation
• potential to discourage volunteers or impact on their welfare and efficiency
• potential impacts on CFA’s volunteer based culture
• anything that might limit or erode support for volunteers
• anything that impacts on CFA’s ability to genuinely consult with volunteers

This latest document (referenced by CFA as version 17.4) does have some changes made since the last version provided to VFBV by CFA on 15th June, but still provides clear evidence that the comments by the Premier and Deputy Premier are misleading to say the least. The document should also serve to dispel any criticisms of VFBV’s broad concerns and comments made to date as “unfounded and misleading” by Premier Andrew’s, new Minister Merlino and UFU leadership.

Clearly this latest version of the proposed enterprise agreement speaks for itself as did earlier versions when they were made public. The matters of concern that we have raised are either written in the document itself or would be the necessary outworking’s of the implementation and operation of various clauses on volunteers and the organisation and operation of the CFA as a volunteer based and fully integrated fire and emergency service.

Recent independent legal commentary by Mr Jack Rush QC sums it up well by stating that the UFU EBA proposal is contrary to the CFA Act because it works against the idea that CFA is first and foremost a volunteer based organisation in which volunteers and paid staff are to work in a fully integrated manner; it undermines the role of volunteers; and it provides unprecedented powers to the UFU.

CFA have assured us, consistent with their undertakings to the Supreme Court, that this is the latest version of the proposed agreement and incorporates a range of changes to earlier versions including amendments recommended by Fair Work Commissioner Roe and subsequent further amendments in response to issues raised by the CFA Board (now ex-Board) recommended by Fair Work President Ross.

At a fundamental level our concerns with previous drafts of the UFU EBA proposal are not addressed. There has been some change in the detail but the EBA still includes clauses that interfere with the Chief Officer’s operational resource decision making autonomy; directly impact on the provision of support to volunteer brigades; affect the way the CFA integrated system works; affect the role of volunteers and impact on CFA brigades across Victoria, not just the 34 Integrated brigades as stated by Premier Andrews and recently appointed Minister Merlino.

Recent claims made by Premier Andrew’s and Minister Merlino that the UFU EBA proposal only impacts on the work of paid staff or on the way CFA’s 34 Integrated brigades operate is not only fundamentally wrong in terms of the way CFA’s volunteer and integrated brigades network together to respond to incidents but it is also categorically wrong given the fact that:

• provision of Brigade Administrative Support (BASO) to all CFA volunteer brigades will be altered by clause 15;
• the support provided by CFA Volunteer Support Officers to CFA volunteer brigades across Victoria will be altered by clause 16;
• the UFU EBA (17.4) proposal perpetuates the UFU’s long running ban on any volunteer brigade being supported by Community Safety Facilitators despite volunteer brigades repeatedly pointing out that this brigade support initiative is still regarded as one of the most successful volunteer support initiatives ever;
• at any fire ground where volunteers and paid staff come together at an incident the reporting relationships and line of control becomes unclear given clause 35.4 which at a minimum creates confusion and at worst is likely to unpack the current CFA integrated system (not to mention it appears to specifically exclude DELWP staff being recognized as incident controllers);
• the UFU EBA (17.4) proposal perpetuates deficiencies in the CFA’s paid training staff workforce management arrangements, an issue highlighted repeatedly by volunteers, CFA and recent independent inquiries;
• the UFU EBA (17.4) proposal specifically dictates the future operational and resource arrangements for a number of fully volunteer brigades, despite Premier Andrew’s and Minister Merlino’s claims that there is no impact beyond the existing 34 integrated brigades
• the UFU EBA (17.4) proposal introduces changes to Road Accident Rescue, a function currently performed by many CFA and SES volunteer brigades and units
• the UFU EBA (17.4) proposal introduces a process to change the way CFA responds to incidents affecting many more brigades than the existing 34 integrated brigades and it is unclear how volunteers would be consulted about this process and form to date would suggest that if it ends in Fair Work Australia, volunteers would have no say
• various clauses requiring agreement between CFA and the UFU mean that obligations to consult with volunteers are likely to be sidelined or potentially ignored
• various clauses about dispatch of paid firefighters to incidents ignore the role and capacity of trained volunteer firefighters, impact on many more than the 34 integrated brigades and enable an EBA instrument to override the Chief Officer’s powers and decision making
• and the list goes on…

Sadly, most of the crucial concerns we have had with previous versions have still not been properly addressed in the latest proposed agreement. The Government’s claims that a new clause (7A.1) which states “The role of volunteers in fighting bushfires and maintaining community safety and delivering high quality services to the public in remote and regional areas and in integrated stations is not altered by this agreement” fails to recognise that CFA brigades do more than fight bushfires in remote and regional areas and either cleverly or by accidental omission ignores the fact that CFA volunteer brigades service a huge part of metropolitan Melbourne and provincial centres & townships across Victoria.

We will be asking for clarification during this consultation stage as to what this clause means and how it works when other clauses contained in the EBA specifically contradict this clause. We know that CFA’s own assessment is that the EBA clauses affect many more than the 34 integrated brigades and fundamentally alters the way CFA works today as a volunteer based and integrated system. By what it omits to say, if this clause is aiming to suggest that the role of volunteers in outer metropolitan Melbourne and urban communities will be altered, then this would be a matter of serious concern.  The failure of this clause to specifically recognize the role of volunteers in the urban risk environment is consistent with our assessment of the impact of many of the clauses that this EB would have on the CFA volunteer capability that we have today, and at a fundamental level reinforces our concern.

Premier Andrew’s and Minister Merlino continue to make public comment that all volunteer issues have been addressed despite the fact that they still have not bothered to seek to understand VFBV’s concerns, instead the Minister has advised us that cabinet have made their decision.

Until the consultative process we are working through with CFA is completed, and despite the Government ignoring Ex Minister Garrett’s, the now sacked CFA Board’s, and the Ex CFA CEO Lucinda Nolan’s advice, we remain hopeful that the Government will not continue to ignore volunteer and VFBV concerns.

Because of the Court arrangements, timelines for both member/brigade consultation and direct consultation with CFA are very tight and your expedited assistance is required.  We also apologise for the delay in sending you a copy of the latest proposed agreement – a single hard copy was provided to us late Friday with CFA restrictions placed on its circulation which then became a matter for further legal advice and determination. The electronic copy was only provided to us late yesterday.

It is proposed that your feedback, particularly your assessment of the key issues affecting your brigade and its operations, be sent by no later than the evening of Sunday 10 July. In the circumstances, any initial observations, comments and feedback at an earlier time would be most welcome with any further detail submitted by 10 July.

Our next formal discussion with CFA is currently scheduled for Friday, 8 July and it is anticipated that a schedule of formal consultation meetings with then continue until 19 July.

We look forward to your earliest response on this matter of fundamental importance to CFA volunteers. Attached is a generic template you can use to provide feedback if it helps, and we have also attached an initial impact analysis that whilst based on 17.2, will be used to re-assess version 17.4 in the coming days. Appreciate of concerns that members are raising about confidentiality and their fears of retribution, all responses will be consider confidential, and will all be consolidated to anonymize any responses. You can send your feedback back to This email address is being protected from spambots. You need JavaScript enabled to view it. 

In This Edition

CFA VOLUNTEERS AND COMMUNITY MAKE A STAND

         - 3,500 volunteers rally in Melbourne

WA ACTS ON CANCER LAW

SURVEY OPENS SOON

FISKVILLE INQUIRY

VFBV MULTI-AGENCY YOUTH NETWORK

AFFILIATION DUE NOW

CFA VOLUNTEERS AND COMMUNITY MAKE A STAND

By Andrew Ford, Chief Executive Officer

As we go to press, CFA is poised at a potential turning point in its history.

We have staged a successful rally, with all political parties invited to be represented, where 3,500 volunteers heard words of support from the Prime Minister and the Victorian Leader of the Opposition, and there was extended applause from the crowd for Victorian Minister for the Emergency Services, Jane Garrett (see video from the rally here), but the issue remains unresolved.

We face the prospect of an Enterprise Bargaining Agreement between CFA and the United Firefighters’ Union that will mean the progressive dismantling of CFA as a volunteer and community based, fully integrated service.

And while Cabinet has delayed a final decision, the Premier’s comments still suggest he is forging ahead regardless of our concerns, to the exclusion of volunteers’ opinions or the consultation and involvement in decision making guaranteed by the recognition of the provisions of the CFA Volunteer Charter in the CFA Act.

We have written to the Premier, Deputy Premier, Minister and every member of Cabinet, urging them to meet with us and understand our concerns before decisions are made.

To make matters worse, Fair Work Australia has rejected VFBV’s application to be heard on behalf of volunteers; our letter to FWA is available on our website, and makes the point that “the proposed EBA contains a significant number of clauses which affect and impact CFA volunteers and related organisation and operation of CFA”.

Lined up against the objectionable parts of the UFU’s proposed Enterprise Bargaining Agreement is the unified opinion of volunteers, CFA senior managers, CFA’s Chief Officer and CEO, the CFA Board and Minister for Emergency Services Jane Garrett.

The CFA Board has reaffirmed its stance against the union’s log of claims, publishing a list of 14 threshold issues, and saying they 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 decision
• Restrict or negatively impact on volunteers and BASOs.
• Be discriminatory

The United Firefighters Union has persistently denied that the proposed EBA will affect volunteers, but that does not match up with our reading of the document, CFA’s detailed responses to the union’s claims – as published for all members on the CFA website – and Minister Garrett’s published comment that the UFU’s demands are “over the top, unaffordable and compromise community safety”.

Both the CFA Board and VFBV are still pressing for meaningful discussion with the State Government, and volunteers have taken to the streets to show their support for the Minister who has clearly supported us and the communities we volunteered to protect.

We cannot afford to back down on this issue.

The marginalisation and progressive destruction of urban volunteerism set off by this EBA would mean Victoria loses its world renowned surge capacity to fight simultaneous large bushfires and long duration fires whilst maintaining fire and emergency services to local communities.

We have no interest in nor argument with the paid firefighters negotiating hard for pay increases and those aspects of the EBA that deal with legitimate employment conditions of individual paid employees such as leave and rosters. Our only wish is that those matters be resolved as quickly as possible and that the government provide additional funding to CFA to cover the full costs of these increases.

Our interest is the future of the volunteer and community based CFA, the future of CFA volunteerism and the protection of our communities.

These will be testing times but we must remember not to make this debate a personal one, and at all times we need to respect one another as volunteers and paid members of CFA who work well together today and must continue to work well together tomorrow for the benefit of the Victorian community.

Volunteers need to remain ready to escalate action publicly if the government’s decision making process looks like delivering an unfair or foolish outcome.

In the meantime, members should continue actively publicising our concerns at every opportunity you have and activate all of your community networks and continue writing your concerns to MPs and decision makers.

At a national level, the collective body of volunteer firefighter associations is mobilising and keenly watching a problem developing in Victoria that has serious flow on implications in each state. In addition, our 250,000 brother and sister fire volunteers, along with SES volunteers, have a direct and keen conviction to pursue Federal Legislation that protects and respects volunteers. This has been a priority for some time and the time to pursue this with vigour has never been better than now, particularly given that the message has now resonated right up to Prime Minister level. We will be actively seeking to talk to all sides of Federal politics to encourage and obtain their active support for this fundamental issue and volunteer right.

VFBV is working hard as the voice of volunteers, you can now add volume to that voice, by contacting local MPs and local media with your concerns. Every volunteer’s voice deserves to be heard, and the State’s decision makers must hear it.

WA ACTS ON CANCER LAW

Western Australia has just introduced presumptive legislation to give firefighters fairer and simpler cancer compensation.

The Bill before the WA Parliament does not match the current standard met by Queensland and South Australia, where volunteers and staff are treated equally, but it is well ahead of the out-of-date and discriminatory Tasmanian legislation being considered as a model for a possible Victorian Bill.

The WA legislation lists the same cancers and years of service requirements that appear in other States’ legislation, and is backdated to 13 November 2013, the date WA’s legislation for career staff took effect.

However, the WA legislation also includes an additional eligibility requirement that only applies to volunteers, who must have at least five years’ volunteer service where they have attended an average of at least five hazardous fires per year, where hazardous fires include building, vehicle or rubbish fires.

In Victoria, CFA volunteers are still waiting, with unanswered questions about whether the proposed Victorian legislation will treat career and volunteer firefighters equally, and whether it will be retrospective, providing cover for volunteers who have already been diagnosed with cancer.

VFBV continues to press this issue with the Government and MPs. Let your local MPs know this issue is important to all volunteers.

SURVEY OPENS SOON

The 2016 VFBV Volunteer Welfare & Efficiency Survey will open on 15 July.  CFA volunteers can register online now at www.vfbv.com.au/cfa  or visit the vfbv website to find the link.

Last year a record 2,500 volunteers took part.   More participants means greater influence for the survey results when we take them to CFA, the Emergency Management Commissioner and the State Government.

We are also hosting a version of the survey for other Victorian emergency volunteers, who can register at www.vfbv.com.au/vcf  and from this year interstate fire volunteers can register at www.vfbv.com.au/cavfa

The VFBV Volunteer Welfare & Efficiency Survey is an annual snapshot of volunteer opinion, which includes 33 questions on issues chosen by volunteers.

This is the survey’s fifth year, and VFBV and the CFA Board study each year’s results to see trends in volunteer opinion on those important issues.   Your comments are confidential, but the results go straight to the decision makers.

For more information click here or  talk to your VFBV State Councillor.

FISKVILLE INQUIRY

The Fiskville Inquiry’s final report includes 31 recommendations and 125 findings, covering the management of hazards at the site, future safety measures, remediation of the site, the health consequences, and the effects on those directly exposed and others including nearby landholders.

VFBV fully cooperated and supported the Inquiry with detailed written submissions and more than an hour of evidence.

The issues we presented to the Parliamentary Committee began with the paramount concern of the safety of our members and ongoing support to any members who have been exposed in the past.

From the beginning, VFBV had pressed for expert, independent, transparent and accountable analysis of decisions, and the Parliamentary Committee’s Fiskville Inquiry represented the opportunity to ensure decisions, messages and treatment are based on facts, established independently by experts, in a properly transparent process.

VFBV also pressed for immediate government action to fill the gap in training capacity left by Fiskville’s closure. Just as being safe in training is paramount, there is a huge risk to firefighters when they are confronted with real life situations if they haven’t had access to appropriate real-to-life training.

Over the years, Fiskville provided hot fire training and the full range of state level and specialised skills in incident management, incident leadership, operational decision making and real-to-life operational exercises.

The Inquiry has called for ongoing support measures for those affected, and VFBV continues to press for the urgent introduction of sufficient training capacity to replace Fiskville and meet CFA’s needs, and for the sector to set and support clear water standards based on expert opinion, for all agencies – something that has been lacking.

VFBV MULTI-AGENCY YOUTH NETWORK

VFBV is making great progress with our Youth Network.

On the back of a very successful CFA Youth Forum on 21 May (pictured), over 60 young people from all across Victoria have signed on to join the VFBV Multi Agency Youth Network. The link below has been forwarded to all District Council executives for circulation. Please pass this link to any young CFA volunteers, or young volunteers from other agencies, who might be interested.

https://www.surveymonkey.com/r/vfbvyouth

Champions have been identified in 10 Districts so far. If there is someone in your District who would do a great job of being the young volunteers’ connection with District Council and source of experienced CFA and VFBV knowhow, please encourage them to contact their District Council executive or Chris Fryer at 9886 1141 or This email address is being protected from spambots. You need JavaScript enabled to view it.

AFFILIATION DUE NOW

Renewal notices for your Brigade/Group’s VFBV Affiliation and Brigade’s VFBV Volunteer Welfare Fund subscription are with your Secretary now, with a due date of 30 June, 2016.

The modest cost of $77.50 for VFBV affiliation is the same for all Brigades and Groups, and VFBV’s representation of CFA volunteers continues to win growing approval and support, with a record 94% of Brigades affiliating in 2015/16

We also strongly encourage Brigades to subscribe to the VFBV Welfare Fund in the interests of supporting your members in times of personal hardship. It should be noted that in order to access the VFBV Welfare Fund, your Brigade must be affiliated with VFBV, since the association pays all of the VFBV Welfare Fund’s operating costs. For full details visit the VFBV website www.vfbv.com.au and go to the Member Services area.  

For any enquiries, contact your VFBV State Councillors or call us on (03) 9886 1141.

NEW ARTICLES AND VIDEO - See coverage on the front page of the Weekly Times, and in The Age and in the Herald Sun.

See below for pictures from Sunday's CFA volunteers' rally in the Treasury Gardens.

Here are a few words from the rally on respect for all firefighters.

Here's the fundamental issue in a nutshell.

And a few words on Minister for Emergency Services Jane Garrett.

The Age has posted an opinion piece on solutions to what it describes as the 'farcical fight' over the CFA/UFU Enterprise Bargaining Agreement.

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

IN THIS EDITION

Pictures - 400 CFA Trucks Encircle Parliament during the Motorcade of Support

Editorial - A Matter of CFA's Future and Victoria's Safety

Latest Video - CFA's Volunteer Surge Capacity - see the new computer generated model from VFBV and the University of Melbourne

Stories - VFBV Affiliations Due - National Volunteer Week - VFBV Youth Network - Annual Memorial Service - VFBV Board Vacancies - Digital Scanners - Payments Due

MOTORCADE OF SUPPORT

Photo courtesy ABC News

Congratulations to everyone involved in the Volunteer Motorcade of Support for the Minister, CFA Board, CEO and Chief Officer.

We must maintain the dignified approach shown at the motorcade, and we should be proud of the non-political, dignified and respectful way volunteers showed their support for CFA and Minister Jane Garrett’s moral stand to ensure CFA is not sold out.

There were 421 vehicles from hundreds of brigades, with CFA appliances, privately owned fire appliances and support vehicles.

Of great importance were the hundreds of Brigades that registered with their Groups to assist with local coverage and to ensure our communities were protected whilst each District convoy left for Melbourne. Every one of CFA’s 21 Districts was represented, with vehicles from all corners of the state. Crews were professional and disciplined throughout the entire day, ensuring as little inconvenience to the public as possible, and we acknowledge the great support of Victoria Police, the City of Melbourne and the PSO’s from Parliament House.

Photo courtesy Nine News

EDITORIAL: A MATTER OF CFA’S FUTURE AND VICTORIA’S SAFETY

By Andrew Ford, VFBV Chief Executive Officer

Over the past few weeks there has been a lot of attention, both publicly and within CFA, regarding concerns for the future of CFA as we know it.

As this copy goes to print, CFA has published an Ops EBA Update that clarifies some of the key facts about the concerns that have underpinned the recent attention.

Certainly there is significant concern amongst volunteers across Victoria, but VFBV and individual volunteers are not the only ones who hold these concerns.

Despite the claims that a very small minority might be peddling, this is not a media beatup, it is a genuine concern held by VFBV, the CFA Board, CEO and Chief Officer, the Minister for Emergency Services Jane Garrett, and - behind closed doors - many other senior officials in the emergency management hierarchy.

The concerns come from the United Firefighters’ Union’s current Enterprise Bargaining Agreement log of claims that include numerous interrelated clauses that seek to; give the UFU control and power of veto over CFA operational and resource decision making; direct how volunteer support is provided in CFA; sideline and diminish the role of volunteers; and dismantle the CFA’s current volunteer and integrated model.

These are real concerns, they drive a wedge between paid staff and volunteers, and to use CFA’s own words, the log of claims is unworkable.

Let me be quite clear, VFBV has no interest in those aspects of the log of claims that relate to CFA career firefighters’ pay.

From the outset our message has been very clear, both publicly and within CFA; give the CFA paid firefighters their 19% increase and settle the pay dispute as quickly as possible.

But we must support the views of those charged with public safety and the safety of the people of Victoria and must support them in their view to not sit by and let control of CFA be handed over to the UFU, not just from our own perspective, but on behalf of the communities we have sworn to protect.

Our motorcade in Melbourne on 23 April was a fantastic show of a united CFA, getting behind the CFA Board, CEO and Chief Officer, and Minister Jane Garrett, who are doing the moral and proper thing of standing firm against the UFU’s attempt to control CFA.

There is a huge amount of detail sitting behind this issue and I don’t have space to go into it here, so I encourage you to read CFA’s latest EBA Update or visit www.vfbv.com.au for more information.

These are very testing times, we all need to show personal leadership and remember the only thing we are driving for is a strong, sustainable CFA, focused on supporting and protecting our communities.

Many people are pondering what the solution might be.

Here are the basics of the solution as I see them, for all of our leaders including those from Government, CFA Board and management, Emergency Management Victoria, the UFU and VFBV.

Commit to working together to achieve an EBA that;

• Cannot override CFA operational and resource decision making

• Does not diminish or interfere with the roles performed by volunteers or the support provided to volunteers

• Does not dismantle CFA’s volunteer based and fully integrated model

• Does not block or reduce CFA and Government’s obligation to consult with volunteers on matters that affect them before decisions are made.

There is now formal advice available to all CFA members, through the CFA EBA Ops Update released on 3 May, that outlines clauses in the current UFU log of claims that go beyond dealing with pay and conditions and work directly in contradiction to the four points listed above.

I have written to CFA requesting that these clauses be considered in light of CFA legislation, the CFA Volunteer Charter and the future of CFA itself.

I ask everyone reading this to remember that this debate is not about volunteers versus paid firefighters.

We all know that volunteers and paid staff generally have great working relationships and we must continue to respect one another.

Before anyone starts judging the other’s argument, anyone in a position to do so should ring the UFU office or CFA for a copy of the latest log of claims and take a look at what is written.

I think you will find very quickly that there is cause for concern and that most CFA members, paid and volunteer alike, will agree that some aspects of the UFU’s log of claims simply go too far.

This is not an issue between volunteers and the UFU, nor is it between VFBV and the UFU; this is an issue about the future of CFA and ensuring that CFA and its Chief Officer can manage the organisation without union interference.

Let’s remember this is a unique situation where volunteers, VFBV, CFA management, the CFA Board and the Minister are all of one view; that the log of claims will give the union too much control over CFA, will dismantle CFA’s integrated model and will diminish and erode the work volunteers do.

The attention that volunteers are bringing to this issue is vital to ensuring a sensible outcome for Victoria.

We should keep this up and escalate it if need be, until the matter is resolved fairly and sensibly.

In the meantime, I say this again; we have absolutely no quarrel with paid firefighters receiving their pay increase, and only wish that matter could be resolved quickly, so we can get on with the work of protecting Victorian communities.

EVIDENCE OF CFA’s VOLUNTEER SURGE CAPACITY

Computer Modelling from VFBV and the University of Melbourne

Following the success of our earlier animated video on volunteer surge capacity, VFBV has been working with the University of Melbourne on a computer-generated time lapse video that graphically demonstrates CFA’s huge volunteer surge capacity.

You can see the computer modelled video on our YouTube channel here.

The video shows incidents and crews responding, and will help educate the public and Government on how CFA Volunteers are essential for Victoria’s Safety and Emergency Services.

We have been building versions for each District, and will shortly distribute copies to your District Councils, for use with the public, decision makers and your own volunteers.

VFBV AFFILIATIONS DUE

Renewal notices for your Brigade/Group’s VFBV Affiliation and Brigade’s VFBV Volunteer Welfare Fund subscription are with your Secretary now, with a due date of 30 June, 2016.

We also strongly encourage Brigades to subscribe to the VFBV Welfare Fund in the interests of supporting your members in times of personal hardship.

For enquiries, contact your State Councillors or call (03) 9886 1141.

NATIONAL VOLUNTEER WEEK

National Volunteer Week is May 9 to 15, and an opportunity to set aside the customary volunteers’ modesty for a moment and accept the thanks of the community.

It is also a chance to thank those who volunteer in supporting roles, and members of the community who help to make your Brigade’s vital work possible.

Volunteer Week is an also opportunity for recruiting and fundraising.

For assistance in engaging local media contact VFBV on (03) 9886 1141.

And we’d like to extend our thanks to every volunteer who takes part at any level, and helps to make VFBV, the voice of the volunteers, such an effective representative organisation.

VFBV YOUTH NETWORK

There has been an overwhelming response to the CFA Multi- Agency Youth Forum to be held on 21 May – the forum will involve St John, Red Cross, SES and Ambulance Victoria as well as CFA, and VFBV will be showcased.

VFBV is hosting the Emergency Management sector Multi- Agency Youth Network, providing the foundation for young people to help us implement other initiatives to engage young people; to consider new ideas and perspectives across the range of issues we deal with, and to shape VFBV, CFA and the Emergency Management Sector into the future.

Our call for Expressions of Interest has gone to all Districts to identify VFBV Champions, experienced CFA volunteers who will support our young people in their work in the Youth Network.

Stay tuned to www.vfbv.com.au for updates, or call Chris Fryer on 03 9886 1141.

ANNUAL MEMORIAL SERVICE

Our Board Members and other senior VFBV officials were among the many volunteers who attended the moving ceremony at this year’s CFA Annual Memorial Service at Wodonga.

The service paid respect to the 67 Victorian firefighters who have died in the line of duty over the years, with this year’s service held in Wodonga to mark the 10th anniversary of the line of duty deaths of Trevor Day, Campbell’s Creek Fire Brigade and Rebecca Helwig from Barnawartha Fire Brigade.

The memorial is held on the Sunday closest to International Firefighters’ Day, known as St Florian’s Day (4 May), and is a formal and reflective day to acknowledge and remember those that have made the ultimate sacrifice on behalf of their communities.

VFBV BOARD VACANCIES

Four positions on the VFBV Board will become vacant this year, and interested volunteers are invited to apply.

The closing date for written applications is Monday, 1 August 2016.

For more details, see the advertisement below, or on page 10 of the May 2016 of edition of FireWise.

DIGITAL SCANNERS PAYMENT DUE

The VESEP-funded subsidy program for digital scanners has now been completed - Brigades are reminded they must pay for their Tier 2 orders by 15 May

For enquiries, call (03) 9886 1141.

THE LATEST NEWS

Get the latest in our email newsletter or VFBV’s popular Two Minute Briefing from the VFBV/CFA Joint Committees - register here.

Join the discussion on our Facebook page at www.facebook.com/cfavolor follow us on Twitter at www.twitter.com/vfbv or on Instagram @volunteer_fire_brigades_vic

Board Members of Volunteer Fire Brigades Victoria (VFBV)

Invitation to apply

Four VFBV Board vacancies – for a 2 year term until 1^st October 2018

Closing date for written applications is Monday 1^st August 2016

VFBV advances the interests of all Victorian fire brigade volunteers and advocates on their behalf to CFA and other key stakeholders. The VFBV Board drives policy development based on volunteer input and is involved in management of issues of central importance to all CFA volunteers.

Vacancies for Four Board Members will arise when the terms of Nev Jones, Andy Cusack, Bruce Pickett & Bill Maltby expire on 1^st October 2016; all members are eligible for re-appointment.

The term of appointment will be for two years and applications are invited from interested volunteers to be considered for these vacancies.

The role of a VFBV Board Member involves contributing to VFBV direction, policy determination and monitoring the performance and governance of the Association. Also actively contributing to policy discussion at Board Meetings, networking with others about policies and issues management, and not only making decisions but being prepared to actively advocate for the benefit of all CFA volunteers and ultimately the Victorian community.

A Board Member Role Statement including the key selection criteria is available from the VFBV office or website www.vfbv.com.au/index.php/about/vfbv/vfbvboard

This is an honorary position; no honorarium is paid.

If you are motivated by the prospect of making a difference for CFA volunteers, then send your written application addressing the key selection criteria in the role statement, plus an outline of your CFA activity including the names of two referees.

Applications must be lodged with VFBV by Monday 1^st August 2016.

to:        VFBV, P O Box 453, Mt Waverley 3149

            Tel: 9886 1141;   Fax: 9886 1618

            Email: j.laingThis email address is being protected from spambots. You need JavaScript enabled to view it.

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 23^rd 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.