VFBV

On behalf of the VFBV Board and CEO, the following is an update on today’s legal proceedings.  Download the Media Release here.

The VFBV injunction on CFA to prevent furtherance of a CFA/UFU EBA until there had been consultation on its content that affected the state’s 60,000 volunteers has been replaced by a more onerous undertaking by CFA to the Supreme Court.

As you would be aware, on Friday 10^th June, VFBV applied and was granted a Supreme Court Injunction to require the Country Fire Authority (CFA) to enter meaningful consultation with us on the contents of the proposed CFA-United Firefighters Union (UFU) 2016 Enterprise Agreement, specifically those parts which may have an impact on CFA Volunteers’ organisational arrangements and volunteer operational capacity. Incredibly, as of writing, we are still yet to receive the actual current version of the Agreement that the Government have tried to tell everyone fixes all volunteer concerns, despite Government having not formally engaged in genuine consultation with VFBV on a single occurrence. Whilst the agreement has apparently been in negotiation with the UFU for over 1,000 days, Government has yet to provide VFBV a single day to hear and discuss volunteer concerns prior to decisions being made.

Our Supreme Court Injunction was due to expire today, Wednesday June 22.

Following the events of last week, where the Government sacked the nine members of the CFA Board due to their refusal to approve the agreement (despite the court injunction), and accepted the resignation of the CFA Chief Executive Officer Lucinda Nolan, we have been in correspondence with CFA as to how they envisaged to genuinely consult.

Following negotiations between our legal teams, overnight last night we reached agreement with the CFA on a proposal to not seek an extension of our initial injunction, on the basis that CFA provide written undertakings to the Supreme Court, which would provide VFBV with a court supervised process to ensure genuine engagement occurred with the new CFA Board and CEO. Supreme Court Justice McDonald consented and approved the lifting of the injunction on the basis that CFA make a legal undertaking supervised by the court to;

On or before the 24 June 2016, the CFA must provide to VFBV for the purposes of consultation, a copy of the proposed agreement to replace the current 2010 EBA

The CFA Chair & CEO and/or the Board is to meet with VFBV on the 8^th July 2016 and at such further times as are mutually convenient to the parties for the purposes of consultation and to provide opportunity for volunteer concerns and impacts to be heard and considered

The CFA is not permitted to initiate the EBA approval process prior to the 20^th July 2016

And CFA is required to provide VFBV 3 business days’ notice of its intention to sign or agree to a new EB on or after the 20^th July

At approximately 10:45 this morning, Supreme Court Justice McDonald issued a Court Order binding CFA to the above agreement. We are told the Court order has the same basic legal affect and penalties as the injunction, but in addition provides us further assurances.

What’s the difference between an Injunction and a Court Order?

In layman terms, an injunction is a court order NOT to do something, whereas a court order can also order CFA to DO something.

Shortly following today’s court proceedings, the Premier released a Media Release under the title “Setting the Record Straight on the CFA Dispute” and stating amongst other things;

“The Government welcomes the lifting of the Supreme Court injunction.”

By only giving half the story, it would appear to be an obvious ploy to “spin” or mislead the public over what actually occurred in court today. We believe this approach goes directly to the Government’s credibility. We have attached a copy of the proposed consent orders agreed last night, that CFA solicitors were required to read out in court this morning in order to enter them on the record, so you can make your own mind up as to the governments version of events.

Make no mistake, today’s Court order requires CFA to genuinely consult with VFBV and volunteers, and we may make application to the court at any point if the orders are not complied with.

Next Steps

As soon as we are in receipt of the final versions that the government has stated includes new safeguards and changes, we will be providing all Brigades/Groups/Members access and opportunity to provide comment and/or feedback directly back to VFBV. We will also provide further analysis to assist you understand the document and help you identify if there are any impacts on you or your Brigade for your discussions. We will make all efforts to facilitate this process within the court deadlines, and have reserved our right to report back to the court on our progress. Your feedback will then be incorporated directly into our consultations with CFA. Time will be tight, so we encourage you to frequently monitor our website for any breaking news. CFA is required to provide the documentation by the close of business 24^th June which is this Friday.  

On a final note, we again remind members that we have no interest in the pay and conditions of our paid staff, and if the agreement only restricted itself to those matters, we would have no argument. We are seeking to preserve a CFA that is a fully integrated one where paid staff and volunteers work side by side as equals, respect each other on the basis of their competency and experience not their pay status, and work together in an inclusive and supportive organisation that works as one, and for the benefit of our communities and the Victorian Public.

We continue to advance the position of our members that any future final deal should not override or side-step the organisational and operational arrangements set out in the Victorian CFA Act, and we support the concerns as raised by our Ex Minister Jane Garrett, the Ex-9 Member CFA Board, the Ex Chief Executive Officer Lucinda Nolan, the Chief Officer Joe Buffone and the entire organisational leadership team, including the Deputy Chiefs, Assistant Chiefs and Executive Directors.

Among many other things, the CFA Act:

• recognises that CFA is first and foremost a volunteer based organisation in which volunteers are supported by employees in a fully integrated manner
• requires the CFA to develop policy and organisational arrangements that encourage, maintain and strengthen the capacity of CFA volunteers to provide CFA services
• requires the CFA (and Victorian Government) to meaningfully consult with VFBV and the 60,000 volunteers it represents on any matter that may affect them before relevant decisions are made.

‘Meaningfully consult’ means genuine consultation where, in this case, VFBV and its members can help shape the final decision by CFA (and Government where relevant).

Updated 18 December 2015 with a special VFBV Message to Volunteers

VFBV Message to Volunteers

Many of you will be aware that the release of the Fire Services Review report and the State Government’s response have been postponed until after the bushfire season.

Minister for Emergency Services Jane Garrett will now lead a working group of Ministers to study the Review’s findings in depth and report back to the Government.

VFBV acknowledges that many volunteers are frustrated with the delay and we certainly share their feelings of disappointment. However, given that we are already into what is clearly going to be a long and busy summer, I suggest we take the opportunity to get on with the job at hand and concentrate on the important work of protecting the community.

When the Review’s report does become public, volunteers will need to be ready to have their say. By visiting www.vfbv.com.au you can see our submission and VFBV’s September 28 letter to the Minister and all MPs, outlining the key issues of concern. I encourage each of you to read them and discuss your thoughts with your fellow volunteers. 

Also in September, VFBV requested a meeting with the Minister to discuss issues coming out of the Fire Services Review before any decisions affecting volunteers are made. The Minister offered to meet with us after the report has been presented, and with its release newly postponed I will make another request that we meet and discuss the issues at the earliest opportunity.

GENDER EQUITY AND WORKPLACE CULTURE

The Government has also announced that the Victorian Equal Opportunity and Human Rights Commissioner will examine issues around gender equity and workplace culture in Victoria’s emergency services, and I very strongly encourage all VFBV delegates to show leadership in actively welcoming and engaging in this work. Support for greater diversity in CFA is something VFBV has recognised as a real opportunity, and where there are gaps, an area warranting concerted effort to achieve improvement.

Any move towards encouraging greater diversity with regard to gender, cultures and ages in CFA, is something that will strengthen Brigades’ connections with the communities we protect and increase the pool of potential volunteers.

Minister Garrett has expressed concern that only 3% of CFA and MFB operational staff are women. In comparison, approximately 20% of all CFA volunteers are women and nearly 5,000 of those volunteer women are operational members.

I am assuming the activation of this work to examine issues around gender equity and workplace culture has been identified during the Fire Services Review, and we have already seen the Jones Inquiry into the effect of arrangements made by the Country Fire Authority on its Volunteers identifying culture and human resource management issues requiring attention.

Judge David Jones noted in his report that “CFA culture, leadership and human resource management are keys to maintaining and strengthening the community’s understanding of, confidence in, support for and active participation in the volunteer based emergency service model for Victoria, which is consequently fundamental to the future success of the CFA”.

Judge Jones also observed that “Improving leadership in CFA from top to bottom is key to the success of the CFA integrated model – this cannot be over emphasised and is one of CFA’s biggest challenges”.

The annual VFBV Volunteer Welfare & Efficiency Survey has also asked volunteers for their opinions on diversity and workplace culture issues, and found they strongly desire an environment in CFA that welcomes people from all cultural backgrounds as well as different religious, political and personal beliefs; actively discourages workplace bullying; and ensures that there are no barriers to the roles women can occupy in Brigades.

The 2015 survey results show that although CFA performance in this area is scored comparatively well against other areas, it still needs attention. The results showed that female volunteers saw a greater gap between the importance of equity and diversity issues and CFA’s actual performance.

CFA VOLUNTEERS; READY FOR SUMMER

With the fire season well and truly here, and considering many parts of the state have already been extremely busy with large and serious incidents, my message to the Minister has been that the CFA and Emergency Management sector need to be supported in focusing on the immediate task of protecting the community.

Many volunteers have expressed frustration that CFA is in an era of review upon review, but we must not let this damage the spirit of CFA or the professional standards of protection we provide to the community every day and night of the year.

We know CFA is an overwhelmingly great organisation, achieving great things in communities across Victoria, but that doesn’t mean we shouldn’t keep looking for areas for improvement and ironing out any issues we find on the way.

Media Release - Wednesday 16th December 2015

Volunteer Fire Brigades Victoria (VFBV) has welcomed the State Government’s decision to engage Victorian Equal Opportunity and Human Rights Commissioner Kate Jenkins to examine issues around
gender equity and workplace culture in Victoria’s emergency services.

Representing Victoria’s 60,000 CFA volunteers, VFBV sees the announcement as a move towards encouraging greater diversity, not just of gender, but of cultures and ages in CFA.

VFBV Chief Executive Officer Andrew Ford said greater diversity means practical benefits for Brigades and the communities they protect. 

“Having more diversity of gender, cultures and ages will strengthen CFA Brigades’ connections with the communities we protect and increase the pool of potential volunteers,” Mr Ford said.

Minister Garrett has highlighted the fact that only 3% of CFA and MFB operational staff are women.

“Among CFA volunteers, approximately 20% of all volunteers are women and nearly 5,000 of those women are front line firefighters,” Mr Ford said.

“CFA volunteers serve in front line, command and specialist roles at all levels, and provide CFA’s great surge capacity, the ability to field thousands of trained, experienced firefighters to deal with major and multiple incidents wherever they occur,” he said.

“We see diversity as not only ensuring that essential response capacity into the future, but adding to CFA Brigades’ connection with every part of the community.”

“VFBV looks forward to supporting the efforts of Minister Garrett and CFA CEO Lucinda Nolan to drive gender equity across CFA,” Mr Ford said.

Download the VFBV Message to Volunteers here

Since the submission date for the Inquiry closed, and following detailed discussion at VFBV State Council in September, VFBV has written to all Victorian Members of Parliament with a summary of our submission to the State Government’s Fire Services Review – see below for a copy of the letter.

The letter includes an introduction to the broader issues and a list of points that volunteers are particularly concerned about.

VFBV has also offered to have volunteer representatives meet with any MPs who would like to discuss the issues or learn more about volunteers’ concerns at the state level or in their local area. 

MPs are invited to call the VFBV office on (03) 9886 1141 if they would like to make contact with their local CFA volunteer delegates.

VFBV'S Letter to all State MPs, dated 28 September 2015

Dear Member

VFBV submission to the State Government’s Fire Services Review

As the association representing CFA volunteers, VFBV has recently made an extensive submission to the Fire Services Review. The VFBV submission and relevant material is available via the VFBV website (visit www.vfbv.com.au) and I encourage you to visit our website to read or download this material, as it explains a number of key matters about which volunteers feel very strongly.

Perceptions about the Review’s focus, process and background context have given rise to significant anxiety amongst Victoria’s volunteers, particularly over a number of principles fundamental to CFA’s future success as a volunteer based organisation.

The key and critical principles that volunteers find essential are the following:

♦ The obligations, duties and aspirations both express and implied in the CFA Volunteer Charter as recognised in the current CFA Act and the maintenance of Section 6 of the Act are fundamental to CFA volunteerism and its success in delivering CFA services to the people of Victoria. Critically, flowing from these and in recognition of the core role volunteers play in Victoria’s emergency management, any decision making that may impact on volunteers at any level of government or its agencies must incorporate volunteers in that process and the effects on volunteer capacity must be a clear, transparent and fair feature of such decision making.

♦ Recognition of the importance that the CFA Board has strong volunteer expertise, knowledge and understanding of CFA volunteerism must continue and the engagement of volunteers through current arrangements for volunteer nomination to and level of representation on the CFA Board as currently provided. These arrangements are central to the engagement and utilisation of volunteer knowledge and experience.

♦ The CFA must have genuine ability and empowerment to govern and manage resource decisions, including internal resource allocation and prioritisation of support to volunteers consistent with its current statutory obligations. This includes the powers of the Chief Officer to determine all operational and related matters free of external interference save from the requirements of the CFA Act as currently set out and the statutory role of the Emergency Management Commissioner.

♦ Active removal of external interference and arrangements (including those affecting CFA, EMV and Government) that impede, or block volunteers from being genuinely involved in decision making on all matters which may impact on them including proposed legislation and the adequacy of resources to enable volunteers to deliver the agreed services. 

♦ The CFA Budget and priorities must be established at a level and grow as required with such spending and resource priorities so as to ensure that volunteers maintain and continue to grow their capacity to provide CFA services to the people of urban and rural Victoria and provide Victoria with a high level surge capacity to deal with emergencies across the state. The determination and order of budget priorities consistent with this must be determined without inappropriate external interference or influence, and consistent with its statutory, governance and administrative accountabilities, obligations and requirements.

♦ CFA Budget priorities must ensure that there is sufficient resourcing to provide volunteers with best possible access to necessary training, up to date facilities and equipment including Personal Protective Equipment (PPE), communications and vehicles, legal protection, and appropriate financial compensation for injury, illness and personal loss sustained during service to the people of Victoria.

♦ There must be transparency with regard to the determination, collection and expenditure of the Fire Services Levy (FSL).

♦ The total additional cost of any additional initiatives determined by government and not conforming to the order of CFA determined priorities must be resourced separately by government for the duration of the initiative and must not interfere in any way with CFA meeting its resource priorities for encouraging, maintaining and strengthening the capacity of volunteers to deliver CFA services to Victoria.

♦ CFA high level resourcing priorities must include volunteer support and capacity strengthening, including appropriate expansion of the BASO program, training and skills maintenance including first aid training, leadership development, and provision of EMR services to the public by volunteers, fixing communications problems and cyclic vehicle/appliance replacement.

♦ A culture of respect for volunteers, including ensuring there is no discrimination nor any barriers against volunteers simply because they are not paid. This includes barriers to the roles volunteers perform; access to training for volunteers demonstrating a willingness and capacity for higher level training; or utilisation and acceptance of volunteers’ authority and role in command and control within CFA and the broader emergency services.  There should also be a leadership culture of active intolerance to any discrimination against volunteers based on their volunteer status.

♦ Acceptance that appropriately trained and experienced volunteers can carry out duties of any designation within CFA and Victoria’s emergency management sector and proactive effort to engage their active utilisation in such roles. 

♦ Active encouragement and facilitation of individual volunteers demonstrating a willingness and capacity for high level training and utilisation in command and control and other CFA roles for training, building experience and sustaining qualifications, including for IMTs and the highest levels in incident control.

♦ Government and CFA’s active public and institutional promotion and demonstrated respect for CFA (and other emergency service) volunteers and the essential role they play in Victoria’s safety including advocacy against public attacks made on volunteers.

In summary, volunteers are particularly concerned about:

• Erosion of CFA’s ability to govern, manage resource decisions and allocate appropriate priority to resourcing/supporting the capacity of volunteers to deliver CFA services
• Erosion of the CFA Chief Officer’s statutory powers and operational decision making ability 
• The need to improve consultation with volunteers and/or the representation of volunteer knowledge and expertise at key decision forums in any future arrangements
• Erosion of the obligations, intent and authority of the CFA Volunteer Charter and/or the practical application of the CFA Volunteer Charter
• Any decision making processes at CFA, EMV or Government that impact on volunteers but block volunteers out of the process
• Any cuts to CFA budget relating to volunteer support and volunteer capacity building forced because of the need to pay for externally imposed or new commitments 
• Any failure to fully additionally fund externally imposed or new commitments  for the life of the commitment
• Ensuring adequate investment in resources for training of volunteers and for volunteer equipment, facilities, personal protection, service related injury/illness compensation etc.
• Any diversion of funding raised through the Fire Service Levy and the Government’s related share to other cost areas
• Continuation of industrial agreements that establish power of veto that overrides legitimate CFA decision making or block CFA progressing volunteer support initiatives, resource allocation and CFA organisational structure
• External direction to CFA Board or management that is not transparent, justifiable and consistent with legislation
• Resourcing priorities and funding allocation decisions that ignore more cost effective and reliably beneficial opportunities to encourage, maintain and strengthen the capacity of volunteers to deliver CFA services (specifically referencing section 6i of the CFA Act)
• Any discrimination in the roles volunteers can perform, training opportunities for volunteers or recognition of volunteers’ skills/expertise simply because they are not paid
• Failure to positively advocate the essential nature, benefits and professional capacity of the CFA volunteer based system.

If decisions are made that are not consistent with these principles and concerns, we fear the consequence will be a legacy of diminished emergency management volunteer capacity for Victoria. Our desire and commitment is to work with you towards a positive atmosphere so that volunteers can focus their energy on continuing to provide dedicated services to the community and prepare for the forthcoming summer.

Volunteers want certainty about the real respect and commitment of all key decision makers across Government and institutions to the service they currently provide day and night, every day of the year.

Volunteers want it known that they are committed to the safety of the communities they serve and will strongly resist changes that they feel are not in the best interests of their community.

I am hopeful that you find the VFBV submission to the Fire Services Review and the points outlined above useful to our continuing endeavour to keep all Victorian MPs well informed about matters of fundamental importance to volunteers.

As always I would be more than happy to discuss these matters with you at your convenience.

Yours Sincerely,

Andrew Ford

Chief Executive Officer

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