VFBV

Future of CFA rests with Upper House
By Andrew Ford, VFBV Chief Executive Officer

Well, it has been another tense and busy month for the emergency sector and, particularly for CFA, given the implications of the Victorian Government’s proposed restructure of the fire services. The Upper House Select Committee continued with the Inquiry into this legislation with many volunteers, VFBV delegates and other key players providing evidence and submissions to the Inquiry.

I would like to thank all of you who took the time to make submissions to the Inquiry and those that attended Inquiry Hearings. We all know the Inquiry timeframe was worryingly short and, as a result, many key witnesses, both volunteers and others who could have provided significant insights, were not afforded the opportunity to present to the Inquiry Committee.

Nonetheless the Inquiry did get to hear some very strong messages from volunteers and the number of submissions to the Inquiry was so large, the Committee has still not finished working through them all and is yet to publish hundreds of submissions to the Committee website.

There has been a lot of concern from volunteers about the slow publication of their submissions despite many other submissions being published many weeks ago. I have been assured that this is simply due to a workload challenge within the Committee and there has not been a selective delay on the publishing of any submissions. There have already been hundreds of volunteer submissions published to the website and I understand there is at least this many again yet to be published.

The vast majority of volunteers have expressed consistent and very strong messages of concern regarding the proposed legislation, particularly around the lack of transparency; the lack of consultation; the flawed EBA driven motivation driving the proposed change; the lack of certainty and detail; the lack of proper impact and cost analysis; the impacts on CFA culture, capability and volunteer capacity; the stripping out of all key CFA middle support/ management operational staff and erosion of CFA Chief Officer’s autonomy and authority; future impacts on the Fire Services Levy; the flow on effect as many more CFA volunteer brigade areas beyond the first round of 35 integrated brigades are excised out of CFA; and the fundamentally flawed destruction of a world renowned CFA integrated service model just because of an over reaching EBA agenda.

VFBV’s position is that the legislation should be rejected. Further VFBV position is that the legislation is so fundamentally flawed, merely making amendments cannot fix the problems inherent in the legislation. It will be concerning if superficial amendments get spun as supposedly fixing the fundamentally flawed legislation.

The discussion of this proposed legislation has been very frustrating for many people and there have been some disappointing criticisms thrown about in attempts to justify the reforms. There has been unfortunate misrepresentation of the facts around lack of consultation with volunteers. The UFU and some Government MPs have focused on criticising CFA volunteer brigade response times and response capacity and are using this as one of their key pushes for the proposed changes.

Alarmingly the Emergency Services Commissioner, without any substantiation, has claimed to the Committee that Victoria’s fire services are the worst in Australia, despite singing our praises only a year or so ago and despite having a direct role and legislated responsibility along with the agencies to ensure they are operating well. And the Government has been quite clear that the change is strongly motivated by their desire to find a way to push ahead with their over-reaching EBA deal with the UFU.

Others are using the flawed line that because people are sick of reviews this is a reason to just accept this proposed restructure and hope for the best despite their apprehension.

Many people, including VFBV, have confirmed that they are willing to be involved in and help drive change where it is needed but proper change, driven by proper analysis, driven without political or industrial agendas and done in an open, collaborative and transparent way that brings people along on the journey. But be clear, these people and VFBV are also saying that the changes that need to be made do not require legislation, nor restructure of the fire services, nor dismantling of the CFA model.

The proposed legislation is not the answer to addressing cultural improvements required in the fire services. And sadly the UFU Supreme Court action is now going to mean the important Victorian Equal Opportunity and Human Rights Commission report on their review into the fire services will be suppressed until after the Victorian Parliament considers the fire service legislation next week. There is nothing in the proposed legislation and restructure that adds additional flexibility to what exists today in CFA to fix service gaps. There is nothing in the proposed legislation or proposed fire services restructure that adds additional resource capability or additional flexibility to what already exists in CFA today to fix service gaps, or address changing service demands.

There is nothing in the proposed legislation that provides any solution to the industrial challenges confronting CFA and MFB operational and resource decision making.

There is nothing in the proposed legislation or fire services restructure that provides anything additional to what exists today in terms of driving or enabling interoperability across the fire services and emergency sector – in fact the proposed changes further fragment the fire services.

And there has been a sad lack of focus throughout the discussions by those seeking to drive the reform on solutions that will prevent fires and mitigate risks. What the fire services should be focusing on is building community capacity and willingness to share responsibility for their own safety; actively drive incident reduction; empower local service capacity; or as the Victorian Auditor General’s report stated that the fire services need to shift our collective focus to achieving and measuring community safety outcomes rather than being preoccupied with just a narrow fire truck response time focus.

There is plenty of improvement that would be good to pursue, and a structured pursuit of improvement is very different from just ‘another review’. But I repeat, the proposed legislation is not the solution and the proposed legislation is not required – instead let’s set it aside, reset the clock and focus our energy on working together calmly, collaboratively and in the best interests of the whole Victorian community.

As Jack Rush QC reminded the Committee, “the Victorian Bushfires Royal Commission heard from three leading world experts on organisational change and structure of emergency services: Professor Leonard from Harvard University, Professor T’Hart from ANU and Major General Molan, formerly Chief of allied operations in Iraq.

All three warned of the dangers of radical change to organisations. An analogy was given on corporate takeover. Over half of them fail in terms of value creation and many end up exacerbating rather than erasing tribal entities.

Incremental change they said, often produces far better results than radical change. Molan’s evidence was that radical change more often failed.”

Jack Rush advised the committee, based on his extensive analysis and work associated with the Victorian Bushfires Royal Commission that splitting up the CFA “will reduce effectiveness, it will create inefficiency and in the end, it will impact on emergency response.”

He advised the Committee that dismembering the CFA to achieve some sort of industrial outcome cannot be and should not be dressed up as being in the interests of emergency services or proper a firefighting outcome.

We go into the next month, wondering about the decision to be handed down by the Select Committee and more importantly the vote of MPs in the Upper House. They will decide the fate of CFA and this decision will impact on Victoria for decades to come.

Please stay active, both in terms of your engagement with this unpleasant debate and in your work as volunteers. No doubt we are all tired of this but being tired should never be a reason to roll over to something that is patently wrong.

Thank you for your active support to date. Keep it up and please keep your voices very active within volunteer networks and to your local community, MPs and anyone else who can help us influence the right out-come for our communities and the Victorian public.

2017 Survey: Register Now

This year’s 2017 VFBV Volunteer Welfare & Efficiency Survey will open in early September. CFA volunteers can pre-register online now at www.vfbv.com.au/cfa or visit the VFBV website to find the link. All pre-registered volunteers will get emailed a link as soon as the survey is launched.

The VFBV Volunteer Welfare & Efficiency Survey is an annual snapshot of volunteer opinion, which includes 33 questions on issues chosen by volunteers. Last year a record number of CFA volunteers completed the survey and over 7,000 volunteers nationally took part through our interstate surveys. Your comments are confidential, but the results go straight to the decision makers. There’s more information at our website or talk to your VFBV State Councillor for more information.

Exit Survey

CFA has acknowledged that there is little data available around why volunteers leave CFA.

The Joint VFBV/CFA Volunteerism Committee discussed ways to improve responses to the current CFA exit surveys, which currently has a very low response rate. CFA has agreed to investigate the use of FIRS call takers as a pilot - utilising time between taking calls to conduct EXIT surveys on those who have resigned their membership.

VFBV supports and commends any initiative that will assist CFA understand the reasons volunteers are leaving the service and how retention strategies may make a difference. We will update members on progress and results as they come to hand.

Invitation to Apply: Board Members of Volunteer Fire Brigades Victoria (VFBV)

VFBV Board vacancies for a 2-year term until 1 October 2019

Due to some confusion about the number of positions being sought and gaps in communication in some areas, the closing date for applications for the FOUR VFBV Board vacancies arising this year, has been extended until 21 August 2017.

To be clear there are FOUR positions to be filled, and two of the outgoing VFBV Board members are retiring from the Board and will not be seeking further appointment.

Applications must be lodged with VFBV by Monday 21 August 2017.

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 Mick Nunweek, Jill Parker, Samantha Rothman and Hans van Hamond expire on 1 October 2017.

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 21 August 2017

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

Tel:         9886 1141; Fax: 9886 1618

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

Position Vacant: VFBV Support Officer (West)

VFBV is seeking to appoint a VFBV Support Officer to work in regional Victoria with VFBV District Councils, Brigades and volunteers to facilitate consultation, issues resolution and volunteer engagement. The position is a State role, with emphasis and focus on providing support throughout CFA’s West Region (Districts 15, 16 and 17). This is an existing position, with the incumbent leaving the role.

In addition to relevant skills, candidates will need to understand CFA and volunteerism, be good listeners, and be able to navigate through complex issues resolution, be self-starters and have a passion to improve arrangements that benefit the welfare and efficiency of CFA volunteers.

Extensive regional Victorian work travel is envisaged and flexible work base locations will be considered for this position, with the priority focus in the West region covering CFA Districts 15, 16 and 17. Applicants living outside the west, but within a reasonable distance (neighbouring districts) will also be considered.

Flexible working arrangements, to cater for extensive evening and weekend work, will be tailored to match the needs of our volunteer membership base.

This is a full-time position giving the right candidate an opportunity to really put their stamp on the VFBV of the future.

All applications must include both a current resume and a cover letter addressing the key selection criteria outlined in the position description.

A copy of the Position Description can be found on our website www.vfbv.com.au

Any questions or queries re the application process should be directed to Cathie Smith at the VFBV Office on (03) 9886 1141 or via email at This email address is being protected from spambots. You need JavaScript enabled to view it..

Applications close on 4 September

VFBV is seeking to appoint a VFBV Support Officer to work in regional Victoria with VFBV District Councils, Brigades and volunteers to facilitate consultation, issues resolution and volunteer engagement. This position is a State role, with emphasis and focus on providing support throughout CFA’s West Region (Districts 15, 16 and 17). This is an existing position, with the incumbent vacating the role.

In addition to relevant skills, candidates will need to understand CFA and volunteerism, be good listeners and be able to navigate through complex issues resolution, be self-starters and have a passion to improve arrangements that benefit the welfare and efficiency of CFA volunteers.

Extensive regional Victorian work travel is envisaged and flexible work base locations will be considered for the position, with the priority focus to assign a support officer in the CFA West Region covering Districts (15,16,17). Applicants living outside the west, but within a reasonable distance (neighbouring districts) will also be considered.

Flexible working arrangements, to cater for extensive evening and weekend work, will be tailored to match the needs of our volunteer membership base.

This is a full time position giving the right candidate an opportunity to really put his/her stamp on the VFBV of the future.

All applications must include both a current resume and a cover letter addressing the key selection criteria outlined in the attached position description.

Send applications to the CEO, VFBV, PO Box 453, Mt. Waverley, Vic. 3149 or email This email address is being protected from spambots. You need JavaScript enabled to view it.

Applications close Monday 4th September, 2017.

For further information contact Cathie Smith on 03 9886 1141

Download the Position Description from here. 

On Friday 7th July 2017, VFBV appeared before a public hearing of the Victorian Legislative Council Fire Services Bill Select Committee to table the VFBV submission and answer questions from the Committee members. Appearing on behalf of VFBV was;

• State President, Nev Jones AFSM
• Chief Executive Officer, Andrew Ford
• Executive Officer, Adam Barnett

A full transcript of this hearing will be made available as soon as it is available and publicly released on Hansard.

You can download the full VFBV submission from here.

Below is a copy of the submissions cover letter, and summary.

7 July 2017

Assistant Clerk Committees
Department of the Legislative Council
Fire Services Bill Select Committee
Parliament House, Spring Street
EAST MELBOURNE VIC 3002

Dear Committee,

This letter and the attached detail is the VFBV submission to the Select Committee established to examine the Fire Services Bill.

VFBV wishes to thank the Select Committee for the opportunity to provide comment regarding the proposed Firefighters’ Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Bill 2017 (referred to in VFBV submission as ‘proposed legislation’).

The following submission is provided in good faith and in response to the Select Committee’s invitation for comment on the proposed legislation.  The timeframes for submission on this important matter have been extremely tight, and I am hopeful that the committee will accept supplementary information if required.

In making this submission we have reflected on the many previous reviews of recent years and the recurring concerns of volunteers that they are being heard but not listened to.  In the lead up to this proposed legislation those concerns were amplified because there was not even an opportunity to be heard.  There was no consultation prior to the tabling of the proposed legislation in Parliament despite Government’s claims to the contrary.

Now, less than 4 weeks on, volunteers still feel that despite a series of field briefings to tell them what the proposed legislation is - there has still not been real or genuine effort nor process to take on board what they have said, listen to nor consider their concerns and treat them with the respect they deserve.

Just because volunteers are not paid, and just because their good will is likely to see them continuing to help people in need these are by no means reasons to disrespect, disempower or denigrate their views and input. 

I am very sad to say that many volunteers do think that their views have been too readily dismissed and ignored.  There are also many who feel the effect of unfair reactive castigation and sometimes vilification just for having their say.  This behaviour is not reasonable and should stop, and the way to stop it is by example - led from the top.

We are hopeful that the tensions associated with this review can become a lesson to everyone about how not to do things. 

Apart from the consideration of the proposals covered in the proposed legislation, it would be good if we can put this bad process to some good use and use it as a catalyst to rethink behaviours and lead, by personal example, a better way of behaving in the future.

VFBV and individuals within VFBV have felt the effect of MPs, abusing the privilege of parliament to spread known mistruths about us, about what we have said and what we stand for.  This is totally inappropriate and is not the way to treat anyone.  I ask the committee to contemplate an important question – if people can be so brazen as to defame someone in the public eye and under the protection of parliament, what threat and retribution is happening behind the scenes to people, at the ground level and even those expert officials who need to be able to speak independently, who dare to speak in any way that contradicts the directions driven from the secret places that developed this legislation. 

We are not alone in this and, sadly, have observed other key players in the sector being treated with similar disdain simply for having the integrity to speak up.

The issue of fair process and mischief is not covered in the attached submission as it falls outside the terms of reference, but it does warrant serious independent investigation and I state this formally in the hope that this can happen before this legislation is decided on. 

It is important to note that the Government’s commitment to provide additional funding and support to CFA is not enshrined nor delivered through the proposed legislation and does not need to be. These welcome initiatives can therefore be delivered regardless of the outcome of the propose legislation. VFBV welcomes and appreciates these initiatives however we do not believe these critically deserved offers of core support and funding should somehow be tied to the dismantling of CFA and the proposed legislation that has real potential to destroy the very thing the funding is designed to support.

The need for increased funding of CFA’s core capital works, fleet replacement, firefighting equipment, volunteer support and training has been extensively covered by previous VFBV submissions and has been well and truly established by previous reviews as recently as the Department of Treasury base funding review conduced only a few years ago.

VFBV looks forward to assisting the Select Committee in any way required.
Yours Sincerely

Andrew Ford
Chief Executive Officer

SUMMARY

VFBV wishes to thank the Select Committee for the opportunity to provide comment regarding the proposed Firefighters’ Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Bill 2017 (referred to in VFBV submission as ‘proposed legislation’).

The first comment to be made is that VFBV is very disappointed that the proposed legislation combines the two totally separate issues of firefighter cancer presumptive rights compensation and the proposed restructuring of Victoria’s fire services.  VFBV feels strongly that it is morally wrong and offensive to combine an issue so important as firefighter cancer protection with the proposed fire services restructure.

VFBV submits that the proposed Firefighters’ Presumptive Rights Compensation aspects of the proposed legislation should be separated into a different Bill and be subject to separate consultation.  

Nevertheless, while the proposed legislation ties the firefighter’s presumptive rights aspects to the proposed restructure of Victoria’s fire service, consideration of the proposed restructuring of Victoria’s fire services also demands comment on the Firefighters’ Presumptive Rights Compensation aspects of the proposed legislation.

Presumptive rights compensation

In respect to Firefighters’ Presumptive Rights Compensation aspects of the legislation, VFBV is very strongly of the view that there should be equality in the treatment of volunteer and career firefighters.  The proposed Firefighters’ Presumptive Rights Compensation legislation does not treat volunteers and paid staff equally.  It sets up a complex, and ambiguous legal battle for volunteers and a much simpler process for paid firefighters.  The proposed Victorian presumptive rights legislation is not the same as the QLD model.  To sell the proposed Victorian presumptive rights legislation as being the same as the simple and equitable model now in place in QLD is misleading.  Legal advice obtained by VFBV from QC Jack Rush[1] confirms VFBV concerns and observation provided to VFBV by lawyers[2] directly experienced in the operation and intent of the QLD model also points to a fundamental difference and less desirable proposal being put forward for Victorian volunteers.   

Proposed restructure - flawed motivation

In regard to the proposed restructure of Victoria’s fire services aspects of the proposed legislation, the pre-eminent consideration in determining a structure for fire and emergency public safety should be to have a sustainable, efficient and cost effective system for planning, prevention, response to and recovery from fire and other emergencies.   VFBV submits that the policy rationale driving the proposed restructure of Victoria’s fire services has not been driven by this consideration. 

Instead the change has been motivated by a Government and United Fire Fighters union agenda to find a way for a problematic and overreaching operational staff EBA to avoid recently amended provisions in the Fair Work Act[1] (referred to in VFBV submission as the ‘FWA volunteer support amendment’), amendments that simply seek to recognise and respect the role and contribution of CFA volunteers. 

Not only is this motivation flawed, the claim of an impossible barrier to finalising future EBA’s is simply not true.  This claim that the FWA volunteer support amendment now means that any CFA EBA containing matters relating to training, equipment, rostering cannot be finalised is an untested and unsubstantiated claim and in VFBV’s view it misleading and patently wrong.  

The FWA volunteer support amendment does nothing more than prevent EBA’s from restricting or limiting how an organisation such as CFA supports, equips, recognises, respects and consults with volunteers in the same way as the Fair Work Act has prevented enterprise bargaining clauses which breached the Victorian Equal Opportunity Act since the Fair Work Act was introduced by the Gillard Government. This Commonwealth FWA volunteer support amendment does no more than prevent an Enterprise Agreement between the CFA and UFU from breaching the current requirements regarding CFA volunteers as contained in and arising from the Country Fire Authority Act 1958 as it has existed since May 2011.

Proposed restructure – doesn’t fix FWA/ EBA problem

To say the restructure of the fire services is needed because of the problems created by the FWA volunteer support amendment is wrong.  To allow this to be the motivation for carving up the fire services is wrong.   To say it will fix the problem is wrong. 

Carving up the fire services to avoid the FWA volunteer support amendment test does nothing to fix the problem. 

The proposed restructure creates even more problems and the underlying issues of EBA overreach are still embedded, and perhaps made worse by the proposed legislations requirement for all CFA operational personnel to be employed by FRV, under an EBA to be negotiated by FRV without CFA involvement.   

Proposed restructure – fundamental concerns

VFBV is concerned with the proposed restructure at a fundamental. 

Any modernisation of the fire and emergency services must be based on consideration of how best to systematically meet local needs plus how best to function as an intrinsically connected  regional and state-wide whole,  ensuring flexibility and resources are available for local demands and also for severe, multiple/concurrent, and long duration events (whilst simultaneously protecting their local communities).

Experience and reviews have shown us again and again that the best approach to public safety is to embed public safety ethos and practice in local communities. The CFA community based model, where emergency service volunteers and paid staff work in a fully integrated manner and where volunteers

are empowered, responsible and valued based on their training and experience (regardless of pay status), for both local service delivery and major incident management roles is a best practice model regarded world-wide. 

The medium and long term effect of the proposed changes on Victoria’s volunteer peak load and surge capacity is of deep concern for VFBV and others engaged in public safety.

The fire service structure set down in the proposed legislation is rigid, costly and undermines the whole concept of building local community embedded volunteer capacity and capability by relegating volunteers to second rate responders (if required at all) and also by removing the statutory responsibility of paid firefighters and FRV employees to encourage, maintain and strengthen local volunteer capacity.

VFBV submits that it is totally inappropriate to enshrine a changed fire service restructure that will have direct cost increase impacts without the proposal being adequately costed and properly funded not just for the next two years, but with assurances moving forward.

Consideration should also be given to the fact that simply costing the proposal properly and building an assured funding mechanism will do nothing to alleviate the even broader concern that the proposed legislation and flow on implications are likely to cause increases to the fire services levy, complications to the fire service levy governance and an impact on every person in Victoria who pays the fire service levy.

Proposed structure – adds no additional benefit to fix service gaps

We note that there have been attacks on the CFA meeting fire standards in some areas and that this has also been used as a basis for justifying the proposed changes. Without commenting on the statistics used in those attacks (which are made on CFA volunteers and paid staff alike), it is important to note that the current CFA system can and does flexibly respond to any real service capacity gaps and already has all of the legislated powers necessary to employ additional paid firefighters to supplement and support the volunteer base where required  The proposed legislation provides no change whatsoever to the fire services ability to respond to urban growth or urban service demands.

Any limits on CFA’s ability to respond and quickly to gaps in service capacity can be directly traced to outdated or otherwise limiting industrial clauses and practices arising from industrial agreements over the past 20 years.  It is the statutory duty of the CFA management to maintain effective functional service standards and they are accountable for that duty.

Negotiating industrial agreements in harmony with their statutory responsibilities is part of CFA management’s responsibility and should not be subject to political interference.  The proposed legislation does nothing to fix these problems, and worse, it establishes in legislation a future framework that reduces the options and flexibility that currently exist. 

The opportunity that exists today for CFA pursue a range of options to transition and evolve volunteer brigade capacity (including supplementing paid firefighters into the volunteer brigade) as local service demands changes will be reduced not strengthened by the proposed restructure.

The proposed structure and resulting systems established by the proposed legislation lack the flexibility of the CFA system and alienates local volunteerism in urban communities; it sets a framework that will disempower and discourage volunteers and this will lead to a need to replace volunteers over time with paid staff doing the same response job as volunteers but without the community networks or ongoing provision sufficient surge capacity.

Proposed legislation – should be rejected and rethought

VFBV submits that the proposed restructure of Victoria fire services as established by the proposed legislation is inferior to the CFA’s current system and must be rejected. 

The proposed legislation provides no additional service capacity or service interoperability than exists today, in fact it further fragment the services. 

The proposed legislation will act to diminish and discourage volunteer capacity. 

The proposed legislation is inconsistent and in conflict with key recommendations of recent major reviews, including the findings of the 2009 Victorian Bushfires Royal Commission.

The proposed legislation is motivated by the wrong reason of seeking to find a clear path to push ahead with EBA demands of the UFU.  It works against sustaining volunteer capacity.  

The proposed legislation does not provide a solution to the current real problem of industrial dispute and it does not provide a solution to the challenges/problems/opportunities facing the fire and emergency sector.

In summary VFBV submits:

1. The Fire Service Reform aspects of the proposed legislation should not be supported. The Bill should be withdrawn and its underlying assumptions rethought for the provision of agile, responsive and effective community embedded public safety across Victoria. Any structure proposed for adoption must maintain and strengthen the primary role of community embedded volunteers fully integrated with and, supplemented and supported by paid staff on a genuine needs basis. Future models should be developed in a fully transparent and collaborative way with the full involvement of all stakeholders and personnel/volunteers on the ground.
   
   
2. The proposed legislation should be split to separate the consideration of Firefighters’ Presumptive Rights Compensation from Fire Services Reform aspects and be subject to separate consultation.  
   
   
3. The Firefighters’ Presumptive Rights Compensation aspects of the proposed legislation needs to be amended to remove the differential treatment of paid staff and volunteers. 

A way forward

VFBV respectfully request that the Select Committee seek:

1. Transparent and evidence backed understanding of the problems trying to be fixed;
   
   
2. Independent and robust impact analysis (including cost/benefit impact) of any reform proposals before a decision is made;
   
   
3. Critically examination and evidence to test how the key changes being proposed will provide a better solution than the arrangements which exist today;

VFBV believe it is critically important that there is established a proper and transparent process of community, agency and volunteer engagement and consultation before the reform policy is decided and before future legislation is considered and developed.

VFBV suggest, as an immediate next step and before any legislation is decided,  an independently chaired, all stakeholder fire service improvement task force be established to -  commence and actively facilitate organisational culture and positive relationships shift; engagement of key stakeholders; support active leadership to rebuild a shared focus and commitment to common operating principles and goals; facilitate an independent review of fire service best practice models; identify priority areas for improvement in Victoria; to ensure independent and transparent assessment of options and feasibility/costs/benefits impacts; and develop a Fire Services Reform program owned by the people on the ground.

The establishment of this taskforce will provide an immediate opportunity for trust and respect to be rebuilt between Government and all stakeholders and agencies, and create a framework for a shared vision and journey for future fire services reform.

FWA/EBA concerns – let FWC process resolve it

At a minimum VFBV believes it is incumbent on the Select Committee to test the proposition about problems caused by the FWA volunteer support amendment thoroughly.

VFBV submits that to end the tension, claim and counter claim – submit the proposed 2016 CFA Operational Staff EBA to the Fair Work Commission and allow the fair umpire[1] and subsequent transparent process to resolve any concerns. 

Volunteers do not wish to stop EBA’s from being finalised and the Government and United Firefighters Union have openly stated that the proposed 2016 CFA Operational Staff EBA does not, should not and is not intended to be able to restrict or limit how CFA supports, equips, recognises, respects or consults with volunteers.  Given this foundation, a sensible way forward would be to submit the EBA, confirm if there are any unintended problems and remove these problems.  The tensions that have played out over the past year will be resolved and at a minimum there will be objective, transparent and fair deliberation.

NOTE TO MEMBERS – 15 June 2017

FIRE SERVICES REFORM LEGISLATION UPDATE AND VFBV LEGAL ADVICE

Attached to this News Note, is a copy of the legal advice provided to VFBV regarding the Presumptive Rights Compensation aspects of the proposed Firefighter's Presumptive Rights Compensation and Fire Services Legislation Amendment Bill 2017 (referred to here as ‘the Bill’). 

This legal advice, provided by Jack Rush QC, a former Supreme Court Judge, former Chairman of the Victorian Bar Council, and Counsel Assisting the 2009 Victorian Bushfires Royal Commission confirms that the proposed presumptive rights legislation:

“…establishes two distinct mechanisms for the operation of the presumption that specified cancers are due to the nature of firefighting – one for career firefighters and one for volunteer firefighters. The Bill discriminates against volunteer firefighters, is inequitable to them, has been drafted in a manner that is prejudicial to volunteer firefighters’ entitlements and rights to claim for specified forms of cancer when compared to the claims process created by the Bill for career firefighters for precisely the same cancer conditions.”

This directly contradicts the Governments statements:

1. Career Firefighters and Volunteers will get equal treatment – They do not
2. That it is the same or better than the QLD model – It is not
3. That the proposed legislation is what VFBV asked for – It is not

Bill scheduled to go to Upper House for vote next Tuesday (20th June 2017)

The Bill has been passed in the Legislative Assembly (lower House) and is supposedly scheduled to be put to the vote in the Legislative Council (Upper House) next week, probably Tuesday 20^th June 2017.  This is very disappointing for volunteers who have raised serious concerns about the lack of consultation regarding the Bill; the negative effect dismantling the existing CFA integrated service model; the potential erosion of Victoria’s vital volunteer surge capacity; the lack of transparent process, operational or cost impact analysis; and the ambiguity, confusion and interference that will flow if this change is adopted.

Volunteers are supportive of genuine and cost effective fire service modernisation but we continue to urge the decision makers to withdraw or stop the adoption of the current Andrews’ government proposal.  The approach to modernisation needs to be re-thought. Our strong view is that those aspects of the Bill relating to the split up of the integrated CFA model and the creation of FRV are so fundamentally flawed they should be rejected and at a minimum require a major rethink and review before being considered by the Legislative Council.

We are continuing to have asked MPs to take this legislation off the table for now or at least agree to a transparent and proper process of scrutiny and review before the legislation is passed.

Previous VFBV communiques have outlined VFBV broad concerns regarding the Bill and these concerns remain. 

Bill should be split to separate presumptive rights compensation from the aspects relating to structural changes to Victoria’s Fire Services

As stated above, VFBV concerns regarding the broader reform aspects of the Bill remain and are in addition to the Presumptive Rights Compensation aspects of the Bill.  VFBV and many other respected public officials and bodies have already expressed our deep disappointment that the Bill combines two totally separate issues.  One being firefighters’ presumptive rights compensation and the other being proposed changes to the fire service structure and arrangements for Victoria.  It is highly offensive and morally wrong to combine an issue so important as firefighter cancer protection with the proposed reforms to the fire services that essentially carve up CFA, one as a ransom note for the other.

VFBV has met with MPs from all sides of politics seeking support to separate those aspects of the Bill which relate to presumptive rights from the remaining aspects relating to the broader restructure of the fire services.  

At this point in time our efforts have been unsuccessful however we remain hopeful that this issue will be respectfully resolved by a resolution to split the Bill when the legislation is considered in the Upper House.  

It is untrue and blatantly misleading to say the Firefighters Presumptive Rights Compensation aspects of the proposed Bill is the same as the QLD presumptive legislation

Regarding the presumptive rights compensation aspects of the Bill I refer you to the attached legal advice provided to VFBV.  This advice from Jack Rush QC confirms VFBV concerns that the proposed firefighter presumptive rights legislation is being sold as something that it clearly is not.  The proposed Victorian legislation does not provide a simple process for volunteers, it does not treat volunteers and paid firefighters equally, it is not the same as the well regarded QLD model and it sets up potential for ambiguous protracted legal debate and bureaucratic hurdles for sick volunteers. 

To sell the cancer protection as being the same as other simple and equitable models such as the QLD approach is false.  The proposed Victorian cancer protection legislation is not the QLD model, it sets up a complex and ambiguous legal battle for volunteers and a much simpler process for paid firefighters.  VFBV is pleased that paid firefighters will be provided with simple and compassionate cancer protection but why discriminate against volunteers?

All volunteers are urged to read the attached legal advice as it sets out a compelling case for there to be further work done on the presumptive rights protection aspects of the Bill before it is adopted.

VFBV believes this work could be done quite quickly if the true spirit of the QLD model is genuinely applied for both paid and volunteer firefighters in Victoria. 

Serious concerns regarding the proposed fires services reform echoed by counsel assisting the 2009 Bushfires Royal Commission

All members are encouraged to read the attached opinion of Jack Rush QC regarding the adverse effects of the proposed Bill on CFA volunteer capacity, Victoria’s capacity to deal with major fires, CFA operations and support for volunteer. 

VFBV have argued strongly that the proposed fire service reform change triggered by the legislation is not a modernisation of the fire services. 

It creates less flexibility for the fire services to adapt to changing risk and service demands. The Government, the Emergency Management Commissioner, and the CFA Chief Officer are yet to be able to explain to the Victorian public what public safety improvement will occur in communities currently serviced by CFA’s 35 Integrated Brigades. They are yet to explain how changing the logo on a truck that sits in Dandenong, Geelong or Bendigo today, somehow makes that community better protected tomorrow.

It further fragments Victoria’s fire services when all recent reviews have said fire service modernisation needs to be about joining up effort.

It creates 35 separated fire service islands spread throughout regional Victoria creating confusion, duplication and complex chains of command. 

Contrary to the Governments claim, none of the recent major reviews, and certainly not the 2009 fires Royal Commission, recommended splitting the world-renowned CFA model.  This is confirmed and the propaganda being pedalled by the Government has now been called out by Jack Rush QC as ‘nonsense’.    Jack Rush has confirmed that the 2009 Bushfires Royal Commission applauded the CFA model as being ‘the nations pre-eminent firefighting organisation.

Jack Rush has confirmed that the 2009 Bushfires Royal Commission recognised the importance of maintaining and strengthening the existing CFA model that fully integrates volunteers and paid firefighters.  The 2009 Bushfires Royal Commission and other recent reviews recognised the absolute importance of the existing CFA model as the best way for Victoria. 

The Government is marketing these reforms as restoring CFA to a strong and independent volunteer service. They omit the fact that all those operational positions covered by the UFU that support, lead and manage those same volunteers will now cleverly be forced to be contracted back in from the metro service - supposedly doing the same jobs they were doing before – but employed and grown by another service.

A clear motivation underpinning the proposed change is a blatant desire by those pushing it to avoid a simple test that now sits with the legislated Fair Work Commission umpire – the very same umpire that Victoria’s Premier Daniel Andrews said we should all listen to up until the day the umpire’s rules also require volunteers rights, capacity and contribution to be respected valued and recognised.  The so called Fair Work barriers to any industrial agreement are only about ensuring industrial agreements don’t restrict or limit how a body such as CFA supports, equips, deploys or respect volunteers.  These tests are not only common sense; they essentially already exist in CFA legislation.

What is VFBV’s vision for the future?

Based on volunteer feedback and consultation from the 2015 Fire Services review, and as submitted to last year’s Senate enquires, our view has been stated as the following:

Because volunteers are fundamental to Victoria’s emergency management capability, fundamental to community resilience and at the core of communities sharing responsibility for their own safety, it is vitally important to ensure that they are involved in decision making on all issues that affect them, both to make the most of their frontline knowledge and to help sustain Victoria’s essential volunteer resource.

VFBV wants to make it very clear that CFA volunteers appreciate and respect the dedication, skill and work of our CFA paid colleagues.  Our vision for CFA is for it to be a modern and contemporary emergency service where volunteers and paid staff work side by side, as equals and respect one another. 

We are against anything that tries to create a wedge between volunteers & paid staff, and any arrangements that seek to demoralise, discriminate or segregate volunteers from our paid colleagues. 

We are all CFA members who want to put our communities first.

Our desire is for a modern approach, focussed on all people working together to maintain and build volunteer and community safety; a respectful culture focussed on empowering and supporting

local volunteer brigades and community with the flexibility and agility to enable CFA to tailor resources and support to local community’s needs.

The Governments proposed legislation is not modern, it is not flexible, it does not further community safety outcomes, and it does not promote interoperability or connectedness, and it does not build and strengthen community resilience before, during and after natural and other disasters.

The Bill should not proceed

Volunteers are supportive of fire service modernisation but we continue to urge the decision makers to stop and have a re-think. 

Our strong view is that those aspects of the Bill relating to the split up of the integrated CFA model and the creation of FRV are so fundamentally flawed they should be rejected and at a minimum require a major rethink and review before being considered by the Legislative Council.  Jack Rush has thankfully called the Bill for what it is ‘motivated by a political and ideological outcome’, ‘it will most certainly not produce a positive operational outcome, it weakens rather than strengthens the CFA and support for CFA volunteers’

What you need to do

Volunteers should not give up.  Please continue to write, email or visit your local MPs, particularly Upper House MPs, and ask them to vote against the legislation.  At a minimum ask them, if they are not prepared to take this legislation off the table for now, at least agree to a transparent and proper process of scrutiny and review before the legislation is passed.

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