VFBV

MESSAGE TO ALL MEMBERS

This update is to provide you information concerning VFBV’s attempts to enact the provision of the CFA Act and Volunteer Chart that obligate the State of Victoria to genuinely consult with volunteers through their representative body (VFBV) on any matters that may affect them, before decisions are made.

•             The State Government has not accepted a single one of VFBV’s requests to meet and discuss our concerns to date

The chief demand of the VFBV throughout the CFA-UFU negotiations has been that we must be included in meaningful consultation with the Government and the CFA over the content of the EBA as it may affect volunteers. This demand is simply for the rights of volunteers to consultation – to be heard and views considered based on volunteer knowledge and experience - on matters that may affect them as specified in the Volunteer Charter and given legal force by the CFA Act.

Meaningful consultation means that we would be given the details of those matters, have the opportunity to fully assess them from the perspective of volunteers, consult with our membership and help shape the final words in discussion with the relevant decision makers to ensure volunteer interests are represented and protected.

From the outset we have made very clear that we have no wish to discuss or voice a view over pay, allowances, leave, and other conditions applicable to individual paid firefighters. In our view, they are properly matters between CFA as the employer and the UFU representing paid staff.

But as we have seen from past operational staff industrial agreements, there is an increasing tendency to include matters in UFU-CFA EBAs which affect volunteers in regard to support, availability of adequate training, equipment, volunteer rights and the way in which we deliver CFA services to Victorians.

We have also witnessed increases in union power over a variety of CFA management and leadership matters under UFU EBAs that are supposed to be matters that are the strict role of the CFA Board, CFA CEO and, importantly, our Chief Officer. Volunteers are both directly and indirectly affected by the establishment of greater union influence and power over such matters.

For example, the issues of determining staff numbers and rank allocation of paid staff to brigades, appliance staffing and operations on the fireground, including reporting relationships are, under the CFA Act, matters under the control and responsibility of the Chief Officer. Yet the Chief’s power to determine these matters is reduced, and in some aspects eliminated under the terms of recent EBAs. In other words, an EBA registered under the federal industrial Act incorporating changes in the organisation and operation of CFA in accordance with the Union’s agreement trumps those established by Victorian law, in our case the CFA Act and,where relevant, the Emergency Management Act. As we have previously advised, we understand that the drafts of the proposed 2016 EBA contain clauses that go well beyond the union’s influence and powers under any previous EBA.

It is these aspects of the proposed EBA that we wish to be consulted upon and in turn consult with brigades and their volunteers in a meaningful way to inform and help shape any EBA related decisions by Government and the CFA to reflect volunteer concerns.

We wrote to the Premier and Minister for Emergency Services on 30 May 2016, outlining our concerns over the then proposed 2016 EBA. In that letter we advised that we had sought to pursue our concerns in conferences of the Fair Work Commission but that our application to participate based on the interests of volunteers affected by the proposed agreement had been denied. Finally, we proposed three simple amendments to the agreement that might significantly alleviate our concerns. The following day we wrote to each member of Cabinet seeking meetings to discuss our concerns over issues contained in the then draft of the proposed 2016 EBA. Only a handful of ministers have replied with courtesy letters referring us to the Minister for Emergency Services.

Following recommendations by Fair Work Commissioner Julius Roe regarding a further draft of the EBA incorporating minor changes and his further recommendations for minor change we again wrote to the Premier (and Deputy Premier in his role as acting Premier) and the Minister for Emergency Services.

In our letters to them dated 7th June we urgently requested that they initiate consultation with VFBV on behalf of Victoria’ 60,000 CFA volunteers on any matter that may affect volunteers (in the EBA) prior to any relevant decisions being made. A letter of request for consultation in similar terms was also submitted to CFA on the same day.

The following day we received an acknowledgement of our correspondence signed by the Premier and Minister for Emergency Services sent from the Premier’s Office. Their letter stated in part:

We understand you wished to be informed of developments around the proposed CFA enterprise agreement and have asked Emergency Management Victoria and the Department of Premier and Cabinet to make arrangements to meet with you about this.

This response failed to understand, deliberately or not, that there is a major difference between the meaningful consultation we had sort as per the legally binding Volunteer Charter and merely being informed of developments.

It was then determined to arrange for our solicitor to send legal communication to both Government and CFA to make absolutely explicit the terms and manner of immediate consultation required and undertakings that there would be no decisions on the EBA until the completion of consultations in accordance with the Volunteer Charter and the CFA Act.

We gave them until close of business on Thursday 9 June 2016 to respond to our letter.

CFA responded within the due time saying they would abide by the CFA Act (and therefore the Volunteer Charter) once they were in receipt of the final version of the EBA for consideration.

At the time of writing we have received no further response from the Victorian Government to our requests.

Attached to this circular are copies of the following letters for your information and that of other volunteers:

1. VFBV letter to Premier dated 30th May 2016
2. VFBV letter to the Premier dated 7th June 2016
3. Premier (and Minister’s) acknowledgement, undated but received 8th June 2016
4. RobinsonGill representing VFBV letter to Premier dated 8 June 2016
5. RobinsonGill representing VFBV letter to CFA dated 8 June 2016

Please distribute through your networks.

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.

Attention: CFA Volunteers

The open letter from Minister Jane Garrett (below) was received by VFBV this afternoon for circulation to our volunteer communications networks.

Please assist by forwarding the Ministers open letter to fellow CFA volunteers.

In addition to the Ministers invitation for submissions by members of the public and CFA Brigades, VFBV will make a detailed submission. VFBV District Councils are already in the process of facilitating as much discussion as possible within the timeframe provided by the review.  

I encourage your active input to VFBV discussion and/or direct input to the Fire Services Review via details provided in the Minister’s Open Letter (attached).   David O’Byrne has advised that submissions can be made on a confidential basis and I encourage volunteers to provide input no matter how brief or detailed. 

Andrew Ford

Chief Executive Officer

Volunteer Fire Brigades Victoria

A message from Emergency Services Minister Jane Garrett to Victoria's volunteer firefighters

The work you do as CFA volunteers makes a vital contribution to keeping our state safe.

You have Victoria's enduring thanks for the countless times you have protected lives and property in the face of natural disasters.

As you know, the Andrews Labor Government has commissioned a review into Victoria's firefighting services. This will ensure Victoria maintains its world-class fire services.

Some people think this review is designed to amalgamate the CFA and the MFB.

I'm writing to you to assure you that this is not the case and that this idea is not on the government's agenda.

Victoria’s fire services and their boundaries will remain intact.

The review will focus on major issues facing fire agencies. This includes identifying the support volunteer brigades require to remain viable into the future.

As part of this, the reviewer Mr David O'Byrne is talking to people across our fires services community, including Volunteer Fire Brigades Victoria.

Members of the public, including volunteer brigades can make submissions via the dedicated Fire Services Review webpage: https://myviews.justice.vic.gov.au/fireservicesreview or in writing to the Fire Services Review, Level 30, 121 Exhibition Street, Melbourne, VIC 3000.

Submissions will be taken until the 31st of August as the review is due to be finalised before the beginning of the fire season.

If you have any queries in relation to the review, please contact the review secretariat at This email address is being protected from spambots. You need JavaScript enabled to view it.

Click here to return to VFBV's Fire Services Review page

VFBV Media release - 22 November 2013

VOLUNTEER FORUM TO ADVISE POLICE & EMERGENCY SERVICES MINISTER

The CFA volunteers’ association has welcomed the announcement of a Ministerial volunteer
consultative committee to provide direct input and advice to the Minister for Police and
Emergency Services on major changes to the emergency management sector.

Volunteer Fire Brigades Victoria (VFBV) CEO Andrew Ford said the new Volunteer
Consultative Forum will give the Minister direct access to the valuable practical knowledge
of the people at the front line.

It will provide a forum for volunteers to provide direct advice to the Minister, on;

• Issues affecting Victoria’s emergency management volunteers 
• Matters relating to the capacity of volunteers to deliver emergency management services in Victoria 
• Strengthening the culture of volunteerism in Victoria 
• Maximising the capacity, capability and utilisation of volunteers 
• Monitoring the health and wellbeing of the volunteers, and 
• Volunteer views about how to achieve changes proposed for the Emergency Management sector 

The State Government’s announcement of the new Forum follows many discussions
between VFBV and the Government, and comes with the endorsement of the Fire Services
Commissioner.

“The new Forum is being initiated at an important time; with the move towards a more
joined-up emergency management network,” Mr Ford said.

“For the new arrangements to work it will be extremely important that decision makers
listen to the volunteers on the ground, and take advice from volunteers about what it will
take to achieve improvement on the ground,” he said.

“It’s a matter of common sense; when making major decisions, nothing works as well as
listening to the people at the front line.”

“Engaging with volunteers should not be seen as a burden. Engaged and empowered
volunteers are tomorrow’s volunteers. Engaging and empowering volunteers must become
a core mindset of everyone in Victoria’s emergency management sector,” Mr Ford said.

“VFBV has committed its support to help the State Government to engage with volunteers,
and have regard to their practical advice about what works on the ground, what has or has
not worked in past, and what needs to be factored in to make sure things keep working into
the future,” he said.

The Volunteer Consultative Forum will include volunteer representation from the CFA, SES,
Life Saving Victoria, Australian Red Cross, Ambulance Victoria, Volunteer Fire Brigades
Victoria, St John Ambulance, Volunteer Coast Guard, Salvation Army, Volunteer Emergency
Service Association and the Victorian Council of Churches, plus management nominees from
the various agencies.

“The decisions being made now will have a strong influence on the capability and capacity
of volunteers to contribute to emergency management in Victoria into the future,” Mr Ford
said.

In addition to the establishment of the Volunteer Consultative Forum, the State
Government introduced the Emergency Management Bill 2013 into Parliament earlier this
month. The Bill continues the move towards a more joined-up emergency management
network, co-ordinated by an Emergency Management Commissioner.

In introducing that legislation, Police and Emergency Services Minister Kim Wells said
“Volunteers play a critically important role in the emergency management sector, and the
Bill recognises this by including specific measures to ensure volunteer capacity and
capability is encouraged, strengthened, and maintained.”

The Bill requires both the Emergency Management Commissioner and Emergency
Management Victoria to have regard to this important feature of Victoria's emergency
management arrangements in the carrying out of their functions. The Bill requires that
agency work plans include specific actions and measures to encourage, strengthen and
maintain the capacity and capability of volunteers and the community.

Minister Wells said, “Volunteers have been and will continue to be fundamental to
emergency management service delivery in Victoria. They do a magnificent job for this
state. Equally, they will be fundamental to the successful implementation of these reforms”.

Volunteer Fire Brigades Victoria, the Victoria Emergency Service Association and the
Volunteer Coast Guard made a joint submission on behalf of their volunteer members, to
the Government’s White Paper on Victoria’s Emergency Management reform and amongst
other things requested the establishment of a Ministerial-level Volunteer Consultative
Forum. VFBV’s representatives will be President Hans van Hamond AFSM and CEO Andrew
Ford, the SES volunteers’ association is represented by President Neil Hedger and David
Rowlands, and the Australian Volunteer Coast Guard volunteers by Richard Burgess and
David Goldfinch. All of those representatives are active emergency service volunteers.

Ends…