VFBV

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.

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.

More than 450 CFA volunteers and their families have attended a rally organised by volunteers in District 13 to draw attention to the need for a firefighters’ cancer law.

The proposed law would provide access to fair compensation for firefighters suffering cancer caused by exposure to smoke and chemicals during their firefighting duties.

Organised by local volunteers from the eastern suburbs and Yarra Valley, the event attracted CFA volunteers, their friends and families and fire trucks from all over suburban Melbourne and country Victoria.

Event organiser, CFA volunteer and VFBV District 13 President Bill Watson AFSM (pictured, addressing the rally) said, “There is plenty of evidence that firefighters are more likely to suffer certain types of cancer. We are entitled to compensation, but that all falls apart when the sick firefighter is required to prove which fire or chemical incident caused the cancer.”

“It’s not like a broken bone where you know exactly when and where it happened. The burning car or house fire you attend today may cause a cancer that doesn’t show up for decades, which makes it nearly impossible to prove it was work-related,” Mr. Watson said.

“The solution is presumptive legislation, a law that lists the 12 typical firefighter cancers and presumes them to be work-related, providing the firefighter has enough years of service behind them and relevant risk exposure.”

The Australian Parliament passed firefighters’ cancer legislation called the Fair Protection for Firefighters Bill, in 2011. Since then Tasmania, Western Australia and South Australia have all passed their own presumptive legislation, recognising the connection between firefighting and cancer.

Mr. Watson says, Coalition, Labor and Greens Members of Parliament were invited to address the rally. “CFA volunteers are calling on all of the political parties and every member of the Victorian Parliament to help solve this problem.”

“We are looking for a law that applies equally to frontline CFA volunteers and the staff firefighters who work alongside them. The smoke and chemicals don’t discriminate, nor should compensation for sick firefighters,” he said.

“CFA volunteers in suburban Melbourne and country Victoria protect the community every

day and night of the year,” Mr Watson said.

“We are now asking all members of the Victorian Parliament to pass a firefighters’ cancer law that supports sick firefighters in their time of need.”

VFBV HAS LAUNCHED A STATEWIDE PETITION CALLING FOR A CHANGE IN THE LAW

CLICK HERE to download a copy of the petition kit, including instructions for its use and a leaflet explaining the issue to the public.

CLICK HERE to read more about the Firefighters’ Cancer Law and how you can help