Important Update for all Volunteers
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.
CFA/UFU Enterprise Bargaining Agreement – Thursday, 2 June Update
VFBV rejects the Fair Work Commission’s recommendations and the premise that it is able to be a fair and independent umpire in this case
- The new CFA EBA Update says the Board still has serious concerns
- See the proposed CFA/UFU Enterprise Bargaining Agreement (note: large download)
- See how to raise the issue, including signs you can download
Fair Work Commission recommendations
The Fair Work Commission has issued recommendations on the CFA/UFU Enterprise Bargaining Agreement that represent the threat of union control over CFA.
Download the Fair Work Commission’s recommendations here
VFBV had applied to consult with and assist the Commission (see VFBV’s letter here) in understanding the impact and overall effect of various union clauses in the proposed agreement, particularly regarding the delivery of CFA protection to the communities it serves.
Our application to be heard on these issues on behalf of CFA volunteers was rejected by the Commission. This was despite the fact CFA volunteers comprise 97% of CFA’s workforce and large parts of the proposed Agreement directly affects them.
The recommendations are unacceptable to CFA volunteers; they are totally inadequate in ensuring that CFA remains an effective volunteer and community based fire and emergency service in the face of a union representing just over 1% of the CFA workforce trying to take control.
If implemented the amended Enterprise Agreement will mean the progressive dismantling of the CFA as a volunteer and community based fully integrated service.
CFA Board
CFA has issued a new Operational EBA Update (2 June 2016), explaining that the CFA Board met to review the recommendations and is seeking further advice.
In its update, the CFA Board pointed out that the recommendations are for consideration and not binding, and it remains seriously concerned about the implications.
The Operational EBA Update says CFA is concerned with parts of the proposed EBA that would affect the Chief Officer’s ability to allocate and deploy resources, include a union veto over CFA decisions, negatively impact on volunteers and BASOs, and be discriminatory.
The CFA Board is seeking further discussions with the State Government on the operational and financial impacts on CFA.
What you can do to support CFA and volunteers
See the Herald Sun article online – this includes an online opinion poll.
Download signs for use in your local area
Note: Posters may be printed up to A2 size.
Concerned? Email or call your local MP or your local newspaper.
Talk to your VFBV State Councillors or your Brigade Delegates about taking action in your local area.
New to the EBA issue?
Keep reading for recent VFBV and CFA updates that look into why the volunteers, CFA senior managers, the CFA Board, CEO and Chief Officer, and the Minister for Emergency Services are all so concerned.
1 June 2016
HERALD SUN ARTICLE - VFBV'S LETTER TO THE PREMIER - POSTERS FOR VOLUNTEERS
Following the Herald Sun’s front page article today - VFBV has verified the Herald Sun’s main points and is confident that this is an accurate report of the events that took place yesterday in the Commonwealth’s industrial relations commission, called Fair Work Australia, and is cause for great concern and alarm.
As we advised on Monday, on the back of statements by the Premier and senior government Ministers who have stated that the Commission is a “fair and independent umpire”, VFBV sought leave on behalf of CFA volunteers to appear to assist the Commission understand the effects and impacts that some of the proposed industrial agreement clauses would have on CFA volunteers and their capacity to serve the community. Despite volunteers making up 97% of CFA’s workforce, that the proposed Agreement had widespread negative effects on CFA volunteers and despite the Volunteer Charter being enacted by the Victorian Parliament as law, the Commissioner has advised us that our request to be heard on your behalf was denied.
Volunteers are now pleading with the Premier, the Cabinet and all Victorian MPs to do what the industrial umpire did not: have the decency to hear our concerns, properly consider them, and protect volunteer firefighters and the Victorian public from any negative impacts.
The CFA CEO, Chief Officer, Board, Operational Command, Volunteers and the Minister are all united against the adoption of the proposed Agreement and are all saying the same thing - the proposed agreement, even with the slight changes recommended by the industrial commissioner, will significantly impact on volunteers and their capacity to effectively serve the community as well as impact on CFA’s ability to make decisions. On any other day that would be enough.
We have requested the Premier ensure that CFA’s capacity to make timely decisions on operational and other resource allocation remains unencumbered, and to make it explicit that the UFU industrial agreement is not to override or set aside relevant Victorian legislation or to marginalize CFA volunteers or relegate them to a lesser role than paid staff.
We are fielding many calls from volunteers who are disenfranchised and some who are considering resigning. We urge you to please not make any hasty decisions. Our communities still depend on us, and we have always met that commitment with our utmost dedication. There is still time for our Victorian Cabinet Ministers to listen to us, respect the work you do and heed our message. This does not mean members should not start planning for the worst and escalating any local actions to raise concerns with MPs, local councils and other bodies. We also need you to be ready if further action is required. These are testing times and we remind members that volunteers have no quarrel with our paid firefighter’s pay and conditions, and we want those sorted quickly. Please remain respectful of each other. We are taking a principled, moral and values driven position, and these values should guide our decision making.
Today and tomorrow may set the scene for the future of CFA. Members are urged to continue emailing and writing their local Members of Parliament, especially Cabinet Ministers who may be deciding the outcome of this matter this week. You should ask how volunteer views and concerns are being considered if they have not been allowed to be properly put in the current process. You should ask if they will personally protect you and your community’s volunteer firefighters from any impacts that may retard or reduce their capacity to protect the community.
Any inclusion of anything (other than pay and conditions) that seeks to control, demoralize or disregard volunteer firefighters is just morally wrong and we need our leaders to stand up on our behalf and respect the commitment provided to us through the Volunteer Charter which states;
That the Victorian Parliament’s & CFA’s policy outcomes are to be judged against the following principles;
Is it fair?
Is it just?
Is it reasonable?
Does it discriminate against volunteers?
Is the outcome practicable and sustainable?
Is it in the best interests of the safety of the Victorian community?
We should expect no less.
Handy Downloads for Volunteers
Here is some additional information, and resources to assist volunteers in raising the issue:
VFBV’s Letter to Premier Daniel Andrews
Posters
Note: Posters may be printed up to A2 size.
27 May Update
The Fair Work Commissioner is considering final submissions on the CFA/UFU Enterprise Bargaining Agreement dispute and is expected provide potential next steps to resolve the matter soon, possibly on Monday 30 May.
CFA issued a new Operational EBA Update on Friday, 27 May 2016 - you can see that new CFA update here.
You can read CFA's 18 May Operational EBA Update - click here to download - issued 18 May 2016
Statement from CFA Board 12 May 2016:
We are deeply saddened by reports of deteriorating relationships between volunteers and staff in some areas.
Many volunteers have told us they do not want to get involved in genuine negotiations about pay and conditions of staff, and nor should they.
They do, however, have a right to raise concerns over potential decisions that directly impact them, and CFA is required to consult on these issues.
We once again ask all members to be tolerant of each other's views and for everybody to treat each other with appropriate respect.
At a recent Board meeting, we discussed our desire to see a resolution to the EBA discussions as soon as possible, but reconfirmed we will not negotiate on the inclusion of certain clauses being sought by the UFU.
These clauses would:
• remove or diminish the ability of the Chief Officer to allocate and deploy resources flexibly and with agility
• require agreement or provide veto to UFU over CFA management decisions
• restrict or negatively impact on volunteers and BASOs.
We do want to emphasise that we remain committed to consulting extensively with our membership on any significant changes that impact them, their safety or their terms and conditions. The position we have taken does not diminish this in any way.
The UFU presented these clauses in a draft EBA to the Victorian Government.
We believe it would be beneficial if all members covered by the proposed agreement had access to the current proposal (version 17.1) so that you are appropriately informed about the discussions, issues and impacts.
As this is a UFU document, and not CFA’s proposal, we have written to the UFU to seek their agreement to make it available to their members.
Tomorrow, we will be attending a Fair Work Commission hearing, which was requested by the UFU. We will be presenting what we can and can’t agree on.
We will continue to update you on developments.
From CFA Board
(John Peberdy, Ross Coyle, Michael Freshwater, Katherine Forrest, James Holyman, John Schurink, Michael Tudball, Samantha Hunter)
Posted on the CFA website, 4pm 12 May 2016
STATEMENTS FROM MINISTER GARRETT AND THE CHIEF OFFICER - 11 MAY 2016
Emergency Services Minister Jane Garrett has told Nine News, “I do have grave concerns about some of what has been in various logs of claims from the UFU.”
“We want this resolved as quickly as possible but it will be on terms that look after all of our firefighters.” (Nine News, 11 May 2016)
And CFA Chief Officer Joe Buffone has issued a statement saying “there has been much debate devoted to negotiations around a new enterprise bargaining agreement” and that “there has also been misinformation that needs to be corrected.”
He says the current EBA log of claims includes clauses “that will adversely impact on volunteers and CFA’s ability to run the organisation in a way that will best serve all Victorians.”
You can read his full statement in the Weekly Times here.
CFA VOLUNTEERS' MOTORCADE OF SUPPORT
CFA volunteers held a motorcade of fire vehicles through the streets of Melbourne on Saturday 23rd April, 2016, to demonstrate their support for the CFA and Emergency Services Minister Jane Garrett. Fire vehicles came from all corners of the state to converge on the city. See TV coverage here: SBS TV News, WIN TV News Gippsland, ABC TV News
The Minister and CFA have been sidelined by the Premier, Daniel Andrews, who is reported to have done a secret personal deal with Firefighters’ union secretary, Peter Marshall which would see the Union gain significant control over CFA operations as well as achieve massive pay and allowance increases.
“The CFA and the Minister were negotiating with the union in good faith for a reasonable financial settlement for paid firefighters but would not agree to surrender proper management and operational functions or to marginalise volunteers as the Union demanded”, Volunteer Fire Brigades Victoria CEO Andrew Ford said.
“It has become clear to volunteers that in recent days the Premier went behind the Minister’s back and reached a deal with Peter Marshall which gives the union virtually all it wants,” he said.
“And that includes marginalising experienced and qualified volunteer firefighters who are committed to volunteer community service and flooding the organisation with unneeded extra paid staff to replace thousands of urban volunteers without increasing public safety.
“The cost implications of the Premier’s sell-out are huge, with the fire service levy on households and business expected to significantly grow year on year for years into the future as more and more volunteers are replaced by paid employees under the union’s system.
“The name “The Marshall Plan” will have a totally new meaning.
“Where’s the money coming from? Out of our pockets of course!
“It’s ironic that after capping municipal rates and charges the government’s fire service levy, which municipal councils’ are required to send out on their rates notices, will grow like topsy.
“The public safety implications are particularly troubling. If you undermine, deactivate and progressively push out volunteers, who will provide Victoria with a surge capacity to respond to major fires and emergencies?
“And if you are substantially reliant on paid staff be prepared to pay overtime, penalty rates, extra shift allowances, meal allowances, accommodation costs and allowances as well as the wages that will be required to have sufficient paid staff available.
“And remember they are going up by 19% under the Andrews-Marshall industrial deal.
“Daniel Andrews either hasn’t thought this through or just doesn’t care.
“Jane Garrett has demonstrated that she has thought this through, understands the issues and details and repeatedly demonstrated she does care.
“The CFA Board and its leadership, including CEO Lucinda Nolan and Chief Fire Officer Joe Buffone know what’s at stake in respect of cost and operational capacity to keep Victorian’s safe.
“That’s why volunteers are mobilising to support Minister Jane Garrett and the CFA and its leadership.”
For all inquiries ring the VFBV office on 9802 0501.
