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Notes on Today's Legal Proceedings - CFA/UFU EBA - 22 June 2016
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of a CFA/UFU EBA until there had been consultation on its content that affected the state’s 60,000 volunteers has been replaced by a more onerous undertaking by CFA to the Supreme Court.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 10th 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 8th 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 20th 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 20th 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 24th 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).
Note to Members
On behalf of the VFBV Board and volunteer leaders across CFA, it is with sadness and regret that I write to advise members that today Minister Merlino announced the sacking of the CFA Board, and shortly after this there was a separate announcement from CEO Lucinda Nolan, announcing her resignation effective immediately. This is a sad day for CFA and a sign of the incredibly challenging times we find ourselves in.
I don’t wish to mix messages about my disappointment in the Government’s move to sack the CFA Board nor the pressures that have led to CEO Lucinda Nolan deciding to resign with my thanks and praise for the work that all of these people have done for CFA during their time with us. But I certainly will have more to say about that concern elsewhere.
For now my message is thank you to each and every one of the CFA Board members for your contribution, your values and your efforts. We haven’t always agreed about every decision but certainly on this threshold issue of your stance to attempt to save CFA, you have been exemplary.
To Lucinda Nolan, CFA’s first ever female CEO, I know I speak for volunteers across the state with our admiration for your integrity, your openness and your strong leadership. There have been many challenges confronting CFA in recent years, and many described you as the bright light on the hill that was going to help us move forward in a terrific way. The work you were likely to do has been cut short and Victoria will be the worse off. Thank you in the short time you were here, you have left a strong mark on CFA and we won’t forget you.
Andrew Ford
VFBV Chief Executive Officer
Urgent - Seeking Candidates for CFA Board Positions
*** URGENT ACTION REQUIRED – VFBV MUST PROVIDE A PANEL OF CFA BOARD CANDIDATES AS SOON AS POSSIBLE ***
The State Government has dismissed the CFA Board and named five new Board Members. After the announcement, the Government called upon VFBV to provide candidates for the remaining four CFA Board positions, as required under the CFA Act.
We have just received a letter from the Minister for Emergency Services James Merlino, asking that VFBV provide a panel of candidates from which he will chose those four Board Members.
The Act places a time limit on this process, stating that “If the Board of Volunteer Fire Brigades Victoria fails to submit a nomination for the purposes of subsection (4) within 30 days after receiving a request from the Minister to submit a nomination, the Governor in Council may after having regard to subsection (2) appoint a person or persons to be a member or members of the Authority for the purposes of subsection (4).”
Accordingly, it is vital that we identify, interview and select suitable candidates as soon as possible.
The CFA Act requires that the four VFBV nominated members include two volunteer members of brigades predominantly serving urban communities and two volunteer members of brigades predominantly serving rural communities as per the CFA Act.
The CFA Act defines the appointment process for CFA Board Members to ensure the CFA Board has the skills and expertise required to operate as a high performing Board; to recognise and reinforce the importance of the Board possessing strong knowledge, expertise and understanding of CFA volunteerism; and prescribes the criteria for appointment to the Board as having knowledge of, or experience in, commercial, technical, operational, legal or financial matters; or expertise in fire or emergency management, land management or any other field relevant to the performance of the functions of the CFA.
CFA volunteers who believe they have the skills, experience and capacity to make a contribution to the Board of the CFA, and ensure that the CFA Board has both strong volunteer expertise, knowledge and an understanding of volunteerism, AND skills in commercial, technical, operational, legal or financial matters, are invited to apply for these vacancies. Past applicants can apply.
The CFA Board meets on a monthly basis and also operates a committee system which could require a commitment of one half day per month. Attendance at official functions is also expected.
Remuneration for a member of the CFA Board currently is $17,314 p.a.
Please disseminate this information through your own networks, and personally provide it to any potential candidates that you know.
The Victorian Government is committed to having Boards that are both highly effective and also reflective of the diverse communities we serve. VFBV shares this commitment. The Premier has expressed an objective for no less than 50% of all future appointments to paid government boards to be women, by November 2018. VFBV is seeking a strong panel of applicants, both men and women who are suitably qualified and experienced for the CFA Board role.
A Role Statement is available for download here (Updated 28 June 2016) or available from the VFBV office. For other relevant information, interested volunteers should contact VFBV at the contact details below.
Applications including a current resume and a summary of your skills, experience and achievements that will enable you to contribute to a CFA Board that requires collectively;
- expertise in commercial, technical, operational, legal and financial matters
- expertise in fire services, emergency management, land management and the functions of CFA, and
- expertise, knowledge and experience in CFA and CFA volunteering,
should be emailed or faxed to VFBV as soon as possible, AND BY NO LATER THAN 1700 HOURS, MONDAY, 4 JULY 2016, to Email: j.laingThis email address is being protected from spambots. You need JavaScript enabled to view it. or Fax 03 9886 1618.
Queries can be directed to Jenni Laing, on (03) 9886 1141 in the first instance.
Consider a Role with VFBV
VFBV is established under Victorian law, the Country Fire Authority Act, to represent the volunteers on all matters that affect their welfare and efficiency.
VFBV is made up of CFA volunteers – from individual members of Brigades, through their elected District Councils and State Councillors, to the VFBV Board.
There are lots of roles for volunteers who want to contribute;
- Brigade Delegate – the ideal role for the younger member building their skills or the older member who is retiring from turning out but still wants to contribute
- District Council executive member
- Joint Committee member
- State Councillor
- Subject Matter Expert for Joint Committees
- VFBV Board Member
- Nominee to the CFA Board
All of these roles can be greatly rewarding, and former CFA Chair Claire Higgins recently offered great encouragement and an insight into the role of a Board Member, in a story in the March edition of FireWise.
From FireWise, March 2016
CONSIDER YOUR SKILLS FOR THE BOARD
By former CFA Chair Claire Higgins
I’ve missed being part of CFA since my resignation in September last year, so when Andrew Ford made contact with me recently to ask me to write this article, I jumped at the chance to make a contribution.
I was part of CFA for eight years. During this time I was fortunate to work with a number of volunteers who put their hand up to be part of the CFA Board, helping to ensure it has the necessary strong volunteer expertise, knowledge and an understanding of CFA volunteerism.
Whilst from very different walks of life, their contribution was always to promote volunteerism, represent their communities, and work for the best interests of CFA and the Victorian community.
When I think of the volunteer representatives I have worked with over the years on the Board, amongst others, I think of current board member Ross Coyle – a farmer and businessman, Michael Tudball – an executive at a municipal council, James Holyman – an executive within government, John Schurink – a former senior manager with Ambulance Victoria and executive member of ESTA, Paul Denham – with an expertise in project management and construction, Frank Zeigler – a businessman where safety is a core part of his business, and Peter Marke – with experience in community banking.
Each of the volunteer representatives came to the Board table with their experience, and they all came with a desire to work as a team, challenge the status quo and build a better CFA.
One thing that has struck me over time has been the lack of women. It’s a surprise because over the eight years I have come across many women CFA volunteers who are as ably skilled to contribute to the CFA Board. For example, as Board Chair, I met with a lady who was a volunteer, who in her day job, worked in the local health service. When I posed the question to her about putting her hand up to be part of the VFBV Board, or indeed the CFA Board, she was surprised that I thought that she would have the skill.
My message is, don’t underestimate your skill and your value. VFBV wants to build a pool of people that they can mentor and develop so that they can present a true representation of the depth of CFA volunteers – particularly women.
The CFA Board needs to be able to represent its community. VFBV and volunteers give the CFA the best opportunity to do this.
So from all walks of life, put your hand up, be bold, you won’t regret the journey on which you embark. You will be both challenged and rewarded for the experience.
I know Andrew Ford is keen to hear from interested prospective CFA and VFBV Board nominees, so please feel free to contact him at the VFBV office.
VFBV Requests for Meaningful Consultation
MESSAGE TO ALL MEMBERS
This update is to provide you information concerning VFBV’s attempts to enact the provision of the CFA Act and Volunteer Chart that obligate the State of Victoria to genuinely consult with volunteers through their representative body (VFBV) on any matters that may affect them, before decisions are made.
• The State Government has not accepted a single one of VFBV’s requests to meet and discuss our concerns to date
The chief demand of the VFBV throughout the CFA-UFU negotiations has been that we must be included in meaningful consultation with the Government and the CFA over the content of the EBA as it may affect volunteers. This demand is simply for the rights of volunteers to consultation – to be heard and views considered based on volunteer knowledge and experience - on matters that may affect them as specified in the Volunteer Charter and given legal force by the CFA Act.
Meaningful consultation means that we would be given the details of those matters, have the opportunity to fully assess them from the perspective of volunteers, consult with our membership and help shape the final words in discussion with the relevant decision makers to ensure volunteer interests are represented and protected.
From the outset we have made very clear that we have no wish to discuss or voice a view over pay, allowances, leave, and other conditions applicable to individual paid firefighters. In our view, they are properly matters between CFA as the employer and the UFU representing paid staff.
But as we have seen from past operational staff industrial agreements, there is an increasing tendency to include matters in UFU-CFA EBAs which affect volunteers in regard to support, availability of adequate training, equipment, volunteer rights and the way in which we deliver CFA services to Victorians.
We have also witnessed increases in union power over a variety of CFA management and leadership matters under UFU EBAs that are supposed to be matters that are the strict role of the CFA Board, CFA CEO and, importantly, our Chief Officer. Volunteers are both directly and indirectly affected by the establishment of greater union influence and power over such matters.
For example, the issues of determining staff numbers and rank allocation of paid staff to brigades, appliance staffing and operations on the fireground, including reporting relationships are, under the CFA Act, matters under the control and responsibility of the Chief Officer. Yet the Chief’s power to determine these matters is reduced, and in some aspects eliminated under the terms of recent EBAs. In other words, an EBA registered under the federal industrial Act incorporating changes in the organisation and operation of CFA in accordance with the Union’s agreement trumps those established by Victorian law, in our case the CFA Act and,where relevant, the Emergency Management Act. As we have previously advised, we understand that the drafts of the proposed 2016 EBA contain clauses that go well beyond the union’s influence and powers under any previous EBA.
It is these aspects of the proposed EBA that we wish to be consulted upon and in turn consult with brigades and their volunteers in a meaningful way to inform and help shape any EBA related decisions by Government and the CFA to reflect volunteer concerns.
We wrote to the Premier and Minister for Emergency Services on 30 May 2016, outlining our concerns over the then proposed 2016 EBA. In that letter we advised that we had sought to pursue our concerns in conferences of the Fair Work Commission but that our application to participate based on the interests of volunteers affected by the proposed agreement had been denied. Finally, we proposed three simple amendments to the agreement that might significantly alleviate our concerns. The following day we wrote to each member of Cabinet seeking meetings to discuss our concerns over issues contained in the then draft of the proposed 2016 EBA. Only a handful of ministers have replied with courtesy letters referring us to the Minister for Emergency Services.
Following recommendations by Fair Work Commissioner Julius Roe regarding a further draft of the EBA incorporating minor changes and his further recommendations for minor change we again wrote to the Premier (and Deputy Premier in his role as acting Premier) and the Minister for Emergency Services.
In our letters to them dated 7th June we urgently requested that they initiate consultation with VFBV on behalf of Victoria’ 60,000 CFA volunteers on any matter that may affect volunteers (in the EBA) prior to any relevant decisions being made. A letter of request for consultation in similar terms was also submitted to CFA on the same day.
The following day we received an acknowledgement of our correspondence signed by the Premier and Minister for Emergency Services sent from the Premier’s Office. Their letter stated in part:
We understand you wished to be informed of developments around the proposed CFA enterprise agreement and have asked Emergency Management Victoria and the Department of Premier and Cabinet to make arrangements to meet with you about this.
This response failed to understand, deliberately or not, that there is a major difference between the meaningful consultation we had sort as per the legally binding Volunteer Charter and merely being informed of developments.
It was then determined to arrange for our solicitor to send legal communication to both Government and CFA to make absolutely explicit the terms and manner of immediate consultation required and undertakings that there would be no decisions on the EBA until the completion of consultations in accordance with the Volunteer Charter and the CFA Act.
We gave them until close of business on Thursday 9 June 2016 to respond to our letter.
CFA responded within the due time saying they would abide by the CFA Act (and therefore the Volunteer Charter) once they were in receipt of the final version of the EBA for consideration.
At the time of writing we have received no further response from the Victorian Government to our requests.
Attached to this circular are copies of the following letters for your information and that of other volunteers:
- VFBV letter to Premier dated 30th May 2016
- VFBV letter to the Premier dated 7th June 2016
- Premier (and Minister’s) acknowledgement, undated but received 8th June 2016
- RobinsonGill representing VFBV letter to Premier dated 8 June 2016
- RobinsonGill representing VFBV letter to CFA dated 8 June 2016
Please distribute through your networks.
Premier announces Minister Jane Garrett's Resignation
The Premier has this morning announced the resignation of Minister Jane Garrett from Cabinet. You can find the announcement here;
Minister Garrett has been honourable, honest and values driven. We will have more to say shortly.
Video of Volunteer's showing their respect for her principled stand, captured last Sunday in Melbourne;
For those who may not have known Minister Garrett well, a copy of her Inaugural speech is below, which we encourage you to read to understand a little bit about her integrity and values;
ADDRESS-IN-REPLY – JANE GARRETT’S INAUGURAL SPEECH
Ms GARRETT (Brunswick) — Thank you, Deputy Speaker, and congratulations on your appointment. I also congratulate the Premier and his cabinet, and the Leader of the Opposition and the shadow cabinet, on their appointments. To my fellow new members on both sides of the house: well done.
I acknowledge the traditional owners of the land on which we stand, the people of the Kulin nation, and pay my respects to their elders past and present.
It is an extraordinary honour to be standing here today in this house as the newly elected member for Brunswick. The seat of Brunswick in many ways is home to and reflects the essential foundations upon which Melbourne was built, and I believe it captures some of the best our community has to offer. It is a place of great multicultural diversity where the contributions of generations of migrant families from across the globe have helped create a fascinating and dynamic area.
It has a proud and distinct industrial history as a place where a wide array of goods has been produced and where workers have fought hard for better terms and conditions of employment for themselves and their families.
It is a community in which activism flourishes, where generations have been committed to making progressive values a reality — to welcome refugees, to stand against discrimination, to fight for freedom of speech and to deliver social justice.
It is a place that has been at the forefront of respect for our environment, leading the way on sustainability at the local level and on changing the way we live. It is a rapidly growing community with a diverse range of people flocking to the area, including families with small children, students, artists, young professionals and musicians. It is where my family comes from.
Six generations of Garretts have lived in Brunswick, commencing with my great-great-grandmother, Sarah Garrett, well over a century ago. Through these generations my forebears have run small businesses, raised their children, been elders in the churches and cared for their community. During the depression my great-grandparents opened their home to strangers in need, a home that my great-grandfather built in Whitby Street, West Brunswick. A builder by trade, he ran a business on Melville Road — Ralph Garrett and Sons — that my grandfather, Jack, took over and expanded.
My great-grandmother, Mabel, ran a tailoring shop on Sydney Road, just opposite the Brunswick Baptist Church where my father was minister during my childhood. My maternal grandparents, Ern and Dulcie Routley, settled in Pascoe Vale South after moving from country Victoria where they raised my mum, who was head prefect at the then Coburg High School.
It is against the backdrop of that history and within this community that my ideas and values have been shaped. My father is a theologian and a man of the cloth, and my mother was a passionate English teacher who worked in public education for her entire career. My sister, Catherine, and I were raised in this inner city community in a home teeming with visitors where our parents held social justice group meetings every fortnight, and we were regulars on the public demonstration circuit.
It was sometimes a bit hard to explain to other kids in the playground why they could not come around on a particular weekend, because we were having the social justice Christmas party that day, or what the big yellow sticker on our old family car, which said ‘Uranium mining, no thanks’, meant.
The particular values that become part of the fabric of your being through how you were raised and what you may embrace or reject are many. For my part the most important value I believe I was given, and which forms the basis for all I strive to do, is respect: respect for the dignity and worth of others, respect for rights, respect for the legitimate and universal aspirations of people to reach their full potential and to provide for themselves and their families.
I want to invoke the biblical ‘Do unto others as you would have them do unto you’.
I want to invoke the modern day blockbuster comment ‘I see you’, which is a powerful line in the film Avatar that the characters use in the context of saying that they see each other as they really are, beyond the prejudices or constraints that come from social constructs, class or cultural divide. Time and again people suffering disadvantage, either systemic or sudden, talk about the pain of being invisible to the community, of being ignored or forgotten or dismissed; it is literally a feeling that the world sees through you.
One of the strongest memories I have from my childhood is eating dinner with my family at a regular weekly night out at Papa Gino’s on Lygon Street. I was about 10 and chatting away when the waitress served our meals, and I completely ignored her. My dad touched my arm — I can still see his face now being as grave as he had ever looked — and said, ‘Jane, you were very dismissive of that person. You must never ever behave like that. You must look people in the eye and thank them for the work they do’. Again, I see you.
Of course to properly see someone you must also hear them. You must listen to them to understand their story, their journey, and appreciate their aspirations for the future. I believe that if you see and if you hear, you are compelled to acknowledge injustice and inequality where it exists, and it is here that you must also act.
It is not fair or right that people should be discarded, discriminated against or made to feel invisible. It is not fair or right that people should be left behind, trapped in cycles of poverty or exploited and used. It is not fair or right that people should go to work uncertain of their job security, their health and safety on site or their capacity to provide for their kids. Respect is to see, respect is to hear, and respect is to act.
The great mentors of my life in my opinion have held at their core the importance of respect, from Justice Alan Boulton, who took me on straight out of university and showed me the world, to Steve Bracks, for whom I had the privilege of working for several years, to Sharan Burrow, from whom I learnt so much, and to Andrew Grech, managing director of Slater and Gordon, who was my boss for six years. These are people who have achieved great things and done so because they wanted to make a difference to people’s lives, to improve their working standards, to care for the vulnerable, to create a strong economy that shares its fortunes more broadly, to give people just compensation when they are injured, and they did that while treating those around them, regardless of their status or position, with respect and care.
For me it is respect that is at the heart of the Labor Party tradition and values — a tradition that was borne out of working men and women standing up for a fair deal, for recognition of work done, for the right to earn a decent wage, come home safe and have a say in their futures. It is a tradition borne out of people insisting that all sections of our community, regardless of wealth, ethnicity, gender or sexuality should be encouraged to make the most of their lives, rise above their circumstances, have a first-class education, access to the best public health system and the capacity to shine. It comes from people who do not accept the status quo but who question and challenge and fight for a more equitable and just and inclusive society.
I have strived to pursue these goals throughout my working life. I have worked since I was 15 in a range of roles that kids do every day that teach you the importance of a good boss, award wages and active unions.
Throughout my career as an industrial relations and discrimination lawyer, a senior adviser to the Bracks government and a local councillor and mayor, I have sought to stand up for people, to give a voice to those who have been disenfranchised, to push for good public policy that is guided by fairness of outcome, courage of conviction and generosity of spirit.
The commitment to these values has brought me here as the representative for the community from which my forebears and I were raised. This diverse and rapidly changing area has many different needs and aspirations. I will fight to ensure that Brunswick receives the services it needs to flourish, including in education, child care, health and transport, and that the many commitments that were made by Labor are realised in this term.
I will be working closely with the community to continue and expand the extraordinary outcomes this area has already achieved in sustainability and environmental progress.
I will be working closely with community groups to find solutions to the very real pressures we face with respect to the livability of inner urban areas, I will be vigorously pursuing innovative ways to protect and enhance the vibrant artistic culture that has developed in the inner north, and I will be working hard to represent the progressive values of the Brunswick electorate as a member of Parliament and a member of a strong opposition within the ALP and in a future Labor government.
There are many people to whom I owe a great deal of gratitude and are the reason I am standing here today. The recently retired member for Brunswick, Carlo Carli, with passion and skill represented the people of this area for 17 years. I congratulate him on his work and his legacy, and on behalf of the community wish him well in the next phase of his life. I thank him and Siobhan for the invaluable support they gave me throughout the Brunswick campaign over the last 18 months. This campaign was hard fought and it was intense.
It taught me many things; perhaps most importantly it was not to take a single vote for granted or ever forget how and why I am in this place. Hundreds of dedicated ALP branch members and volunteers worked tirelessly to make this campaign a success. I thank them all and acknowledge, in particular, the efforts of Dean Rizzetti, Chris Anderson, Khaled Chakli, David Clement, Bill Kneebone, Danny Michell, Sarah Broadbent, Sean Nilan, Rima Tawil and Sonia Ahmad, many of whom are here today. It is this group of people that now forms the basis of our team in Brunswick, and I am delighted that so many outstanding people are working with me in both volunteer and paid capacities.
To my parliamentary colleagues, and in particular the inner city members, Richard Wynne, Bronwyn Pike and Fiona Richardson: no finer proponents of the Labor tradition are to be found.
To those people I have worked with and learnt so much from on my political journey: I acknowledge and thank in particular Steve and Terry Bracks, John Brumby and Rosemary McKenzie, Rob Hulls and Carolyn Burnside, John Thwaites and Melanie Eagle, Sharon McCrohan, Tim Pallas and Ben Hubbard. I make special mention of Andrew Giles who has been a very significant support to me for in excess of a decade, and I thank him.
To the team at Slater and Gordon: what a law firm! I am very proud of the work that is done there and the calibre of people who are so committed to fighting for justice.
To my colleagues and comrades in the union movement, in particular those at the Construction, Forestry, Mining and Energy Union, the plumbers union, the Australian Manufacturing Workers Union, the Liquor, Hospitality and Miscellaneous Workers Union, the Australian Nursing Federation, the Australian Services Union, the United Firefighters Union, the Police Association, the Transport Workers Union and the Rail, Tram and Bus Union: your work changes lives and it changes society.
I also acknowledge and thank the many people who I worked with at the City of Yarra — the councillors, staff and residents — and note in particular the exceptional CEO, Andi Diamond. To our extraordinary group of friends, some of whom are here — Adam and Nina, Mary and Christian, Nick and Felicity, and Christine and Matt — I say thanks.
Finally, and most importantly, is my family.
To my father, Graeme: you have been the single biggest influence on my life, and you are an outstanding individual. To my dear sister, Catherine — and to your family, Cameron, Tom and Harry: you are a true lifetime friend. My beautiful mother, Pam Garrett, who we lost so cruelly to ovarian cancer in September 2009, would be so proud today. In so many ways the reason I have chosen this path is because of what she taught me and how she lived her life. She walked the walk. Thanks, Mum. My husband, James, is the perfect person for me to be journeying this life with. Thank you for being here. To my daughters, Molly and Sasha: you are gorgeous, spirited, creative and loving and an endless source of joy.
We in this house are charged with a great responsibility: to speak for our communities and to work towards a prosperous and just Victoria. I commit that I will discharge this responsibility with all the energy and capacity available to me. More broadly, I will be striving to ensure in the work that I do in this place that more people more often can rest their heads at night under safe roofs and say to themselves, ‘The world saw us today, it heard what we had to say and it was grateful for the contribution we made’.
(Hansard – 8 Feb 2011)
VFBV FireWise Column - June 2016
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.
Standing Up for Volunteers - Update Wednesday 8 June
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.
Youth Network – Apply Now
CALLING ALL VOLUNTEERS AGED 18 – 35 WHO WANT TO MAKE A DIFFERENCE
VFBV has recognised the need to engage with and improve our connection to our young volunteers.
As a result, we are in the process of establishing the VFBV Multi-Agency Youth Network.
VFBV is looking for volunteers aged 18 to 35 to join and represent younger volunteers in each District. You can apply to be member of the VFBV Multi-Agency Youth Network right now.
By joining your District’s VFBV Youth Panel, you can give young volunteers a greater say in VFBV at every level, build your skills as a volunteer delegate and prepare yourself for future VFBV and CFA leadership roles.
Each District’s VFBV Youth Panel will work with the VFBV District Council and a young delegate will represent their district at the state-level Youth Advisory Committee, which will work with VFBV’s State Council.
You won’t be alone, you will be supported in each District, by experienced Champions who will guide you along the way and act as a connection to your District Council.
Younger volunteers deserve a stronger voice and VFBV will need experienced representatives in the years to come – we’d like you to consider taking up the challenge.
If you have any questions, please call:-
Christine Fryer
VFBV Youth Engagement Officer
(03) 9886 1141
CFA Operational EBA Update
UPDATE 27 MAY 2016
CFA Operational EBA update - Friday 27 May 2016
This week, we have been attending hearings at the Fair Work Commission as part of Operational EBA negotiations.
We have now made formal written submissions to the Commissioner, and have again reinforced CFA’s position around any clauses proposed by the UFU that 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.
The Commissioner will now consider our final submissions and will provide some potential next steps to resolve this matter.
A final hearing will be held at Fair Work on Monday, and the Commissioner is expected to discuss his thoughts and potential solutions to progress the current process.
This could involve handing down recommendations for all parties to consider.
CFA remains committed to resolving the matter as soon as possible, however any deal must be fair and affordable, and must not adversely impact on volunteers and needs to benefit Victorians.
From the Organisational Leadership Team – Lucinda Nolan, Joe Buffone, John Haynes, Steve Warrington, Garry Cook, Ross Sullivan, Trevor Owen, Bob Barry, Gavin Thompson, Peter O’Keefe, Paul King, Kate Harrap, Emma Tyner, Phil Harbutt, Margareth Thomas, Terry Hayes.
UPDATE 18 MAY 2016
Following more enquiries regarding the EBA, the CFA Organisational Leadership Team has released an updated EBA Information sheet, which is replicated below. You can download a PDF version either form the link at the bottom of this page, or directly from the CFA website; http://news.cfa.vic.gov.au/news/operational-eba-update-18-may-2016.html
Ops EBA information
There are a number of questions that have been raised about the EBA negotiations. We
want to make sure you have the facts.
What is being said
Fire services are compromising safety by refusing to have a minimum 7 on a fireground before firefighting can begin.
Seven on the fireground is recognised best practice.
The proposed clause is limited to structural fires only and not for minor fires such as bin fires.
taking orders from the Minister.
CFA is attacking the 10/14 system.
CFA wants to introduce 8/8/8.
CFA is trying to change the Modern Award by introducing part time firefighting so that they can start to introduce brigades staffed by part-timers.
CFA is holding out on resolving this Agreement when there are only a few clauses left to negotiate.
Communication in the past has been limited – the union is the only communication that we are receiving.
The EBA does not affect the volunteers and it should not concern them.
The EBA does not include drivers for
Commanders
The Facts
The UFU has sought to introduce 50 new and separate clauses within the body of the EBA whose effect would be to require agreement from, or provide power of veto to, the UFU over CFA management decisions.
Examples of where UFU agreement would be required include:
- Formulation of and changes to position descriptions
- Formulation of and changes to work related policies
- Contracting out
- Lateral entry of career firefighters
- Part-time career firefighters
- Emergency response training
- Matters impacting volunteers
The UFU presented these clauses in a draft EBA to the Victorian Government. CFA argues it would be beneficial if all members covered by the proposed agreement had access to the current proposal (version 17.1) so that they are appropriately informed about the discussions, issues and impacts.
As this is a UFU document, and not CFA’s proposal, CFA has written to the UFU to seek their agreement to make it available to their members.
The clauses relevant to this issue are as follows:
Clause 44 and 44.2.7 together with clause 83.5 - The presence of 7 firefighters on the fireground prior to the commencement of operations save and accept where otherwise agreed between the UFU and CFA. (Note that fire-fighter is defined by the UFU document as 'paid firefighter').
As per the clause, there are no parameters set around the type of fireground incident (e.g. structural).
Seven career firefighters on a fireground before firefighting can begin is not recognised as best practice by other jurisdictions outside Victoria nor is it supported by peak body, AFAC.
The most recent reviews conducted in the UK recognise this as an out-dated worst case scenario approach rather than a contemporary risk-based service delivery model (Sir Ken Knight). A model based on “weight of attack” utilising scale, intensity and duration is the norm.
The principle and decisions around deployment must always be left to the incident controller based on risk assessment of the incident.
This clause would be a very expensive approach to delivering on any incident, irrespective of seriousness.
The cost issue is around having the number of resources available at any time rather than their actual attendance at a fire incident.
All career firefighter recruits will continue to have to meet the same minimum selection standards they always have. At the moment, less than 4% of CFA’s career staff are women. The fire services are determined to have a workforce that better reflects the community it serves.
We have not proposed at any time to change our use of contractors. This position was further supported when we proposed to rollover the 2010 Agreement.
The proposed offer included a pay rise of 19 per cent over four years (5% already provided), protected all current conditions and included new provisions in line with State Government election commitments.
Last January, the Fair Work Commission handed down draft recommendations to focus discussions between parties and to progress negotiations.
All parties were instructed to provide submissions on the feasibility and appropriateness of these recommendations, with a view to Commissioner Roe providing a set of final recommendations.
These were not final recommendations.
When Commissioner Roe asked whether the UFU would support his handing down of the final recommendations, they reserved their position.
CFA wants to resolve this Agreement as quickly as possible and continues to work with Government in an effort to resolve it.
At the same time as we are going through this process, the Government has committed to delivering the most significant investment for some time, including:
- 350 new firefighters
- Presumptive Legislation
- PTSD trial
- Emergency Medical Response
- Building and upgrading fire stations
- New fire trucks and equipment
The CFA Board Chair and the CEO are responsible for delivering and signing any new EBA.
CFA strongly supports consulting our workforce on changes and decisions about our future direction; however the UFU is seeking to have veto power over CFA decision-making in its business. That means the union must agree on changes we are proposing, not just be involved in consultation.
Decisions that should be made by the Chief Officer, Chief Executive Officer and other management will instead be in the hands of the UFU without any accountability for the running of the organisation.
All CFA members have a role in community safety and education. Our role in the community is not just about fighting fires, but about educating the community about being prepared and prevention. Often, it’s volunteers who have the connections and understanding within their own communities and therefore it is the right approach for them to conduct such services.
CFA has not challenged the 10/14 roster.
Our offer involved a rollover of the 2010 Agreement and does not seek to change this roster system.
We are seeking to amend the Modern Award so that we can offer individuals within our workforce greater flexibility over their careers.
Any introduction of part-time firefighting would be done after extensive consultation with our members and industrial bodies.
There are a significant number of clauses left to negotiate. Many of the clauses the union has asserted have been resolved have actually not been agreed to.
There are three areas that are of greatest concern to CFA management:
- Numerous clauses seeking UFU veto rights over management decisions;
- Clauses that impact on resourcing decisions that reside with the CO;
- Clauses that impact on people not actually covered by the EBA, such as volunteers, BASOs etc.
Many of the proposed clauses being proposed are unachievable and unaffordable.
There has been a confidentiality agreement in place under the FairWork Commission and we have been abiding by that. The confidentiality agreement is no longer in place and we will continue to update you on negotiations.
There are numerous clauses that either directly or indirectly impact our volunteer base. Some of these are listed below:
Clause 36.4 requires employees covered by the Agreement to report only to operational employees under the Agreement and to DCOs and the Chief Officer. This limits the capacity of qualified volunteers to, amongst other things, control incidents.
Clause 44.2.7, together with clause 83.5 require 7 professional firefighters to attend a ‘fireground incident before firefighting commences. This requirement will impact on CFA operational response involving volunteers in the sense that professional firefighters will not commence response work until 7 paid firefighters are present –regardless of the number of volunteers who are present.
Clause 45.14 requires 4 professional firefighters on all appliances unless otherwise agreed. This will impact on CFA operational response involving volunteers in that it will prevent response until a required number of paid firefighters are present, regardless of the number of volunteers who
are present.
Clause 45.15 prevents cross-crewing of appliances unless agreed by UFU and CFA. This will impact on CFA operational response involving volunteers in that it will limit or prevent cross-crewing of appliances by volunteers.
Clause 90 coupled with Schedule 20 provides strict limitations on provision of uniforms to operational staff covered by the Agreement – and limits the capacity of CFA to equip volunteer staff. It does this by clearly stating that stationwear and uniform and PPC must be ‘significantly visually distinguishable’ for professional firefighters and only made available to professional firefighters.
Clause 55 provides for rehabilitation units to be staffed by professional firefighter staff. CFA currently provides for rehabilitation units whose staff include volunteers and which carry out their roles effectively. UFU is seeking to exclude volunteers from the work without reason or justification.
Clause 17 deals with Community Education and provides that career fire-fighters will deliver community education and that volunteers may only do so when career firefighters are not available.
Clause 45.16 states that minimum staffing will include career fire-fighters to act as drivers for on-shift Commanders.
Organisational Leadership Team – Lucinda Nolan, Joe Buffone, John Haynes, Steve Warrington, Garry Cook, Ross Sullivan, Trevor Owen, Bob Barry, Gavin Thompson, Peter O’Keefe, Kate Harrap, Emma Tyner, Todd Perkinson, Phil Harbutt, Margareth Thomas, Terry Hayes
More...
VFBV Board Vacancies 2016 - 2018
Invitation to apply for four VFBV Board vacancies – for a 2 year term until 1st October 2018
Closing date for written applications is Monday 1st 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 1st 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 1st 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.
Tier 2 Digital Scanners – payments due 15 May
Have you paid for your Tier 2 Digital Scanners yet?
Brigades/Groups have been emailed Tier 2 Order confirmations and have until the 15 May to pay for their Tier 2 orders.
Need more information? To can find more information on the successful subsidy program and see a generic copy of the confirmation documents click here.
VFBV's FireWise Column - May 2016
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
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Board Members of Volunteer Fire Brigades Victoria (VFBV)
Invitation to apply
Four VFBV Board vacancies – for a 2 year term until 1st October 2018
Closing date for written applications is Monday 1st 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 1st 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 1st 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.
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.
