VFBV

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.

MEDIA RELEASE - Friday, 12 August 2016

STATEMENT BY VFBV CEO ANDREW FORD ON THE ACTIONS OF THE CFA BOARD TO ADOPT THE UFU’S EBA ON FRIDAY AFTERNOON, 12 AUGUST 2016

Today is a day of infamy that will burn into the memory of every CFA volunteer.

It is the day that that a CFA Board decision, and those Board members who voted for it, betrayed volunteers and ignored their responsibility and obligations to the public of Victoria under the CFA Act and Victoria’s most successful emergency management arrangements.

This evening the CFA Board, made up of a majority Andrews Government-UFU ‘yes’ people accepted the UFU’s Enterprise Bargaining Agreement which will see the powers of the Chief Officer overridden, union interference with volunteer organisation, operations and support, and see volunteers treated as second class just because they are not paid.

The EBA fundamentally alters the nature of CFA organisation, operations and support for volunteers as required by the CFA Act and hands control of key activities within the organisation to the Fitzroy based UFU as part of the grab for power by union secretary Peter Marshall.

The UFU have made no secret of their objective to replace urban volunteers with paid staff, members of the UFU – just look at their various inquiry submissions including the Black Saturday Bushfire Royal Commission for confirmation. They would relegate remaining volunteers to second class status.

Every inquiry and commission has dismissed these submissions and recognised the fundamental importance of the current CFA volunteer arrangements and the need to continually grow our volunteer capacity to keep pace with urbanisation and the growth of bushfire risk because of climate change.

But consideration of these issues was ignored by the majority of the current CFA Board and the Premier and Minister who pushed them to accept the infamous Andrews-Marshall industrial deal.

The fact that the majority succumbed to political lies, manoeuvring and pressure reflects badly on them in the manner they have exercised their duty as CFA Board members.

We say the Board members who supported this deal have ignored their statutory and fiduciary obligations under the CFA Act and Commonwealth corporate law. They must be held accountable for this failure.

After the sacking of the previous CFA Board for acting in a lawful and responsible way, a way that did not suit Premier Andrews and his dirty deal with Peter Marshall, together with the forced resignation of Emergency Services Minister Jane Garrett who acted with enormous integrity in support of CFA and its vital role, outstanding CFA CEO Lucinda Nolan and our Chief Officer Joe Buffone who concluded that the UFU agreement is destructive of CFA efficiency and effectiveness, who is left to defend the real CFA?

After recent sackings and resignations there is only the state’s 60,000 volunteers through their association – VFBV – to stand up for the real CFA and effective public safety services for Victorians.

We have instructed our legal team to take further action immediately to defend the CFA as an effective volunteer based fully integrated fire and emergency service.

Our legal action is unprecedented for volunteers, or in the emergency services – but the consultation process with the CFA has been a sham and our careful analysis ignored.

We now have no other choice if the real CFA is to be defended.

But our campaign to defend CFA will not end there.

Volunteers across the state are mobilising in their local communities and regions. They will make sure Victoria is ready for the summer fire season and at the same time develop local campaigns to mobilise their communities in support of our campaign to defend the real CFA.

Like in countless battles against fires which threaten life and property, CFA volunteers will not give up – it’s just not in our DNA

IN THIS EDITION

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

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

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

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

MOTORCADE OF SUPPORT

Photo courtesy ABC News

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

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

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

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

Photo courtesy Nine News

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

By Andrew Ford, VFBV Chief Executive Officer

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

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

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

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

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

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

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

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

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

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

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

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

Many people are pondering what the solution might be.

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

Commit to working together to achieve an EBA that;

• Cannot override CFA operational and resource decision making

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

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

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

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

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

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

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

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

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

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

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

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

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

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

EVIDENCE OF CFA’s VOLUNTEER SURGE CAPACITY

Computer Modelling from VFBV and the University of Melbourne

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

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

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

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

VFBV AFFILIATIONS DUE

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

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

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

NATIONAL VOLUNTEER WEEK

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

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

Volunteer Week is an also opportunity for recruiting and fundraising.

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

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

VFBV YOUTH NETWORK

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

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

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

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

ANNUAL MEMORIAL SERVICE

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

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

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

VFBV BOARD VACANCIES

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

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

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

DIGITAL SCANNERS PAYMENT DUE

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

For enquiries, call (03) 9886 1141.

THE LATEST NEWS

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

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

Board Members of Volunteer Fire Brigades Victoria (VFBV)

Invitation to apply

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

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

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

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

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

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

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

This is an honorary position; no honorarium is paid.

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

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

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

            Tel: 9886 1141;   Fax: 9886 1618

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

We are deeply saddened by reports of deteriorating relationships between volunteers and staff in some areas.

Many volunteers have told us they do not want to get involved in genuine negotiations about pay and conditions of staff, and nor should they.

They do, however, have a right to raise concerns over potential decisions that directly impact them, and CFA is required to consult on these issues.

We once again ask all members to be tolerant of each other's views and for everybody to treat each other with appropriate respect.

At a recent Board meeting, we discussed our desire to see a resolution to the EBA discussions as soon as possible, but reconfirmed we will not negotiate on the inclusion of certain clauses being sought by the UFU.

These clauses would:
• remove or diminish the ability of the Chief Officer to allocate and deploy resources flexibly and with agility
• require agreement or provide veto to UFU over CFA management decisions
• restrict or negatively impact on volunteers and BASOs.

We do want to emphasise that we remain committed to consulting extensively with our membership on any significant changes that impact them, their safety or their terms and conditions. The position we have taken does not diminish this in any way.

The UFU presented these clauses in a draft EBA to the Victorian Government.

We believe it would be beneficial if all members covered by the proposed agreement had access to the current proposal (version 17.1) so that you are appropriately informed about the discussions, issues and impacts.

As this is a UFU document, and not CFA’s proposal, we have written to the UFU to seek their agreement to make it available to their members.

Tomorrow, we will be attending a Fair Work Commission hearing, which was requested by the UFU. We will be presenting what we can and can’t agree on.

We will continue to update you on developments.

From CFA Board

(John Peberdy, Ross Coyle, Michael Freshwater, Katherine Forrest, James Holyman, John Schurink, Michael Tudball, Samantha Hunter)

Posted on the CFA website, 4pm 12 May 2016

STATEMENTS FROM MINISTER GARRETT AND THE CHIEF OFFICER - 11 MAY 2016

Emergency Services Minister Jane Garrett has told Nine News, “I do have grave concerns about some of what has been in various logs of claims from the UFU.”

“We want this resolved as quickly as possible but it will be on terms that look after all of our firefighters.” (Nine News, 11 May 2016)

And CFA Chief Officer Joe Buffone has issued a statement saying “there has been much debate devoted to negotiations around a new enterprise bargaining agreement” and that “there has also been misinformation that needs to be corrected.”

He says the current EBA log of claims includes clauses “that will adversely impact on volunteers and CFA’s ability to run the organisation in a way that will best serve all Victorians.”

You can read his full statement in the Weekly Times here.

CFA VOLUNTEERS' MOTORCADE OF SUPPORT

CFA volunteers held a motorcade of fire vehicles through the streets of Melbourne on Saturday 23^rd April, 2016, to demonstrate their support for the CFA and Emergency Services Minister Jane Garrett.  Fire vehicles came from all corners of the state to converge on the city.  See TV coverage here:  SBS TV News, WIN TV News Gippsland, ABC TV News

The Minister and CFA have been sidelined by the Premier, Daniel Andrews, who is reported to have done a secret personal deal with Firefighters’ union secretary, Peter Marshall which would see the Union gain significant control over CFA operations as well as achieve massive pay and allowance increases.

“The CFA and the Minister were negotiating with the union in good faith for a reasonable financial settlement for paid firefighters but would not agree to surrender proper management and operational functions or to marginalise volunteers as the Union demanded”, Volunteer Fire Brigades Victoria CEO Andrew Ford said.

“It has become clear to volunteers that in recent days the Premier went behind the Minister’s back and reached a deal with Peter Marshall which gives the union virtually all it wants,” he said. 

“And that includes marginalising experienced and qualified volunteer firefighters who are committed to volunteer community service and flooding the organisation with unneeded extra paid staff to replace thousands of urban volunteers without increasing public safety.

“The cost implications of the Premier’s sell-out are huge, with the fire service levy on households and business expected to significantly grow year on year for years into the future as more and more volunteers are replaced by paid employees under the union’s system.

“The name “The Marshall Plan” will have a totally new meaning.

“Where’s the money coming from? Out of our pockets of course!

“It’s ironic that after capping municipal rates and charges the government’s fire service levy, which municipal councils’ are required to send out on their rates notices, will grow like topsy.

“The public safety implications are particularly troubling.  If you undermine, deactivate and progressively push out volunteers, who will provide Victoria with a surge capacity to respond to major fires and emergencies?

“And if you are substantially reliant on paid staff be prepared to pay overtime, penalty rates, extra shift allowances, meal allowances, accommodation costs and allowances as well as the wages that will be required to have sufficient paid staff available.

“And remember they are going up by 19% under the Andrews-Marshall industrial deal.

“Daniel Andrews either hasn’t thought this through or just doesn’t care.

“Jane Garrett has demonstrated that she has thought this through, understands the issues and details and repeatedly demonstrated she does care.

“The CFA Board and its leadership, including CEO Lucinda Nolan and Chief Fire Officer Joe Buffone know what’s at stake in respect of cost and operational capacity to keep Victorian’s safe.

“That’s why volunteers are mobilising to support Minister Jane Garrett and the CFA and its leadership.”

For all inquiries ring the VFBV office on 9802 0501.