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VFBV News (201)

Wednesday, 05 October 2016 09:31

WA Passes Firefighters' Cancer Law

The Western Australian Parliament has just passed its Firefighters’ Cancer Law for volunteers, adding to the momentum of presumptive legislation around the country and the pressure for legislation in Victoria.

Tell your MPs it is time for presumptive legislation in Victoria that lists the same 12 cancers named in other States, treats career and volunteer firefighters equally, and includes retrospective coverage for firefighters who have already been diagnosed.

Presumptive legislation works by reversing the onus of proof.  The cancer is presumed to be work related provided it is one of 12 listed cancers and the firefighter has sufficient years of service.  

The WA legislation was supported by the Liberal National Government, the Labor Opposition, Upper House Greens and independent MPs, however it does not match the standard set by Queensland and South Australia, which treat career and volunteer firefighters equally.

Unlike their career colleagues, WA volunteers are expected to show they have attended at least five hazardous fires – structure and vehicle fires - each year for five years.

Victorian firefighters are still waiting for the legislation they were promised, and there are still unanswered questions. 

Before the 2014 State Election, Labor announced that “Victorian legislation for career and volunteer firefighters will reflect the cancers covered and timeframes for duty of service as in the Tasmanian legislation” and explicitly contained no reference to unequal treatment or extra eligibility requirements for volunteers.  However, the Government’s letters to volunteers since the election have hinted that it is considering imposing a requirement for an arbitrary number of turnouts before a volunteer becomes eligible for compensation.

Your local MPs need to know that volunteers are tired of waiting and will not accept being treated differently just because they are not paid.

Find your Member of Parliament's contact details here.

Find your Upper House Members of Parliament here.

Learn more at the VFBV Firefighters' Cancer Law page.

Wednesday, 05 October 2016 09:23

VFBV Multi Agency Youth Network Takes Off

The VFBV Multi-Agency Youth Network is really taking off; young members are already organising their first activities in four Districts, and 17 VFBV Districts have identified experienced volunteer Champions to support the young volunteers in their work.

In the meantime, VICSES and the Red Cross have begun targeted campaigning to their young members through the months of September and October.  

With support from VFBV, District 11 is working on a pilot to launch a multi-agency youth program in schools, District 13 is preparing a forum for young volunteers in the new year, District 14 is instigating social events where young volunteers can discuss and present ideas for ongoing projects, and in Districts 8, 12, 15 and 16, young volunteers are already getting involved in their VFBV District Councils.

Volunteer champions and more young volunteers are still needed in Districts 4, 5, 6, 7 and 22.  Contact Chris Fryer on (03) 9886 1141 or at This email address is being protected from spambots. You need JavaScript enabled to view it.

Wednesday, 07 September 2016 00:00

Send an Email Today

SUPPORT LEGISLATION TO PROTECT OUR VOLUNTEER BASED CFA

- DEADLINE FOR SUBMISSIONS/COMMENTS: 12 SEPTEMBER

The proposed Federal legislation to protect the volunteer based CFA and other volunteer based emergency services from industrial interference is now being examined by a Senate Committee.

The Senate Committee is encouraging volunteers to send in submissions/comments by 12 September 2016send them to This email address is being protected from spambots. You need JavaScript enabled to view it. (see the message from the Senate Committee below)

Submissions can be a simple email to show your support, or a detailed submission on what’s at stake and why the legislation is so important.

The Senate Committee will recommend whether Parliament should support the legislation or not.

There is more information below, or see the VFBV website item on the Federal Government’s Volunteer Protection Amendments to the Fair Work Act

See below for the Senate Committee’s invitation to volunteers.

 

MORE INFORMATION

Click here for our 22 August Update to Members, which explains the volunteers’ concerns and the need for the Federal legislation. (if the Click Here link doesn’t work, see below)

The proposed Federal legislation would make a simple change to the Fair Work Act, making it objectionable for workplace agreements to restrict or limit the emergency service organisation’s (in our case CFA) ability to:

•             engage or deploy its volunteers;

•             provide support or equipment to those volunteers;

•             manage its relationship with, or work with, any recognised emergency management body in relation to those volunteers;

•             otherwise manage its operations in relation to those volunteers;

The legislation will also provide an ability for volunteers, through bodies such as VFBV, to make submissions to Fair Work Australia in respect of these issues if we have any concerns.

 

The Enterprise Bargaining Agreement – Key matters of concern

Current Commonwealth industrial law means that if the CFA/United Firefighters Union Enterprise Bargaining Agreement is registered:

•             The powers of the Chief Officer will be overridden;

•             The union will be given power of veto on issues affecting volunteer based and fully integrated organisation, operations and support;

•             Volunteer consultation rights under the CFA Volunteer Charter will be restricted; 

•             Other clauses in the EBA that are contrary to the CFA Act will apply; and

•             Volunteers will be treated as second class just because they are not paid.

 

 

MESSAGE FROM SENATE COMMITTEE CHAIR, SENATOR BRIDGET MCKENZIE

Dear CFA Volunteers,

Just last week, the Federal Government introduced legislation to protect CFA volunteers from a proposal put forward by the Victorian Government together with the United Firefighters Union.

It is apparent that many CFA members think this proposal discriminates against their rights and role as a volunteer.  The former Board of the CFA agreed and we

re subsequently sacked by the Victorian Government for raising their concerns. The Minister responsible for the CFA, Jane Garrett, was also forced to resign because she could not support the proposal.

Given the seriousness of this issue, the Federal Government has acted quickly to introduce legislation that seeks to protect volunteers and bring this dispute to an end.  This legislation - the Fair Work Amendment (Respect for Emergency Services Volunteers) Bill 2016 has been referred to the Senate Employment Committee for an inquiry.  This inquiry will take submissions from people who have been impacted by the proposal.

After considering the submissions, the Committee will then make a recommendation on whether the Parliament should support the legislation.

As Chair of this Senate Committee I am inviting you, and other CFA volunteers, to make a submission.

Submissions can be as short or as long as you like and can be emailed to This email address is being protected from spambots. You need JavaScript enabled to view it.

The deadline for submission is 12 September 2016.  This is your chance to have your say, in your own words. The committee and I look forward to hearing from you.

Regards

Bridget McKenzie

Senator for Victoria

Chair, Education and Employment Legislation Committee

 

 

 

Wednesday, 14 September 2016 00:00

Position Vacant - VFBV Support Officer

VFBV Support Officer – West/South West Regional Victoria (Districts 4, 5, 6, 7, 15, 16, 17)

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 engagementThis 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 the position, with the priority focus to assign a support officer in the CFA West/South West Region covering Districts 4,5,6,7 15,16,17)

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 26th September, 2016.

For further information contact Cathie Smith on 03 9886 1141

Download the Position Description here

Return to the VFBV website

UPDATE FOR MEMBERS - 23 AUGUST 2016

Yesterday, Monday 22 August, the Federal Government released its draft legislation, the Fair Work Amendment (Respect for Emergency Services Volunteers) Bill 2016 in accordance with its commitment made during the Federal Election (you can download a copy of the Bill below).

VFBV was able to provide valuable input to the development of the legislation, and we are very pleased that it has shaped up in a way that we believe meets our concerns and deals with the practical issues affecting volunteers.

The legislation will be a simple change to the Fair Work Act, making it objectionable for workplace agreements to restrict or limit the emergency service organisation’s ability to:

  •          engage or deploy its volunteers;
  •          provide support or equipment to those volunteers;
  •          manage its relationship with, or work with, any recognised emergency management body in relation to those volunteers;
  •          otherwise manage its operations in relation to those volunteers;

The legislation will also provide an ability for volunteers, through bodies such as VFBV, to make submissions to Fair Work Australia in respect of these issues if we have any concerns.

The amendments aim to fix an anomaly in Commonwealth law that affects CFA volunteers and the volunteers of other emergency service organisations covered by the Fair Work Act. The anomaly, which has been of concern over recent months, allows enterprise agreements for paid emergency service workers to override State emergency management laws such as the CFA Act.

For CFA volunteers, the anomaly means that if the proposed UFU agreement was adopted under current Commonwealth industrial law, it would effectively allow industrial interference into the organisation, operation and support of CFA volunteers, and CFA decision making affecting volunteers.

The Federal Government proposes to table the legislation next week, the first sitting week of the new Parliament.  We are hopeful that it will get support from all sides of politics in both Houses of Parliament, and volunteers from Victoria and other States will be working with MPs and Senators to explain the need for, and benefits of, the legislation and the importance of it to volunteers.

The legislation has no impact on pay negotiations, but does provide a mechanism to address the concerns that have been broadly discussed about the current EBA.

The votes of independents and smaller parties may be crucial in getting the legislation through the Senate, and there are some early signs of support.  Newly elected Senator Derryn Hinch has been on radio this morning, expressing his support, and South Australian Senator Nick Xenophon has written to the Council of Australian Volunteer Fire Associations (CAVFA), expressing his support for moves to rectify the anomaly, so we are hopeful that this is a sign of support to come.

In the meantime, VFBV’s preparation for the Supreme Court action beginning on 22 September is under way, and one of the most important things Brigades can be doing is helping us promote the fundraising for this initiative, and encouraging people to support volunteers by visiting our website www.vfbv.com.au to make a donation, or fundraising through work with community groups, sausage sizzles and other local efforts.

Victoria’s Premier Daniel Andrews, the new Minister for Emergency Services James Merlino, the CFA Board and management, and the UFU Secretary Peter Marshall, have all made claims that they have no intention of the EBA negatively impacting on the role of volunteers, the provision of support to volunteers or CFA decision making.  As such, we would expect that they have no problem with the proposed Fair Work legislation, and therefore we expect their support also.

We disagree with their assessment as to whether the proposed EBA does or does not impact on volunteers, and as such we see the Fair Work Act legislative amendment as very sensible and very necessary protection for volunteers and the work we do.

IN THIS UPDATE:

-          Supreme Court Action Tomorrow

-          VFBV Challenges Misleading Public Comments

-          What We Requested from CFA

-          What Little We Got In Return

 

VFBV INJUNCTION APPLICATION TO SUSPEND EBA PROCESSING

Our injunction to suspend the processing of the UFU EBA because it contains clauses contrary to the CFA Act affecting volunteers will be considered by the Supreme Court on Wednesday morning.

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MISLEADING PUBLIC COMMENTS BY CFA CEO FRANCES DIVER

In repeated statements to the media, CFA CEO Frances Diver has said that as part of the VFBV-CFA consultation arrangements CFA had provided VFBV with “extensive documentation”.  This is simply untrue and we are disappointed that Ms Diver would try to rewrite the truth.

Ms Diver’s failure to present the facts with accuracy also extends to claims that the arrangements negotiated with UFU, principally through a Statement of Intent document by CFA and UFU, provide protection to volunteers and the role they play and somehow protects the powers of the Chief Officer under the CFA Act. This is simply wrong. 

There are two critical problems with the ‘Statement of Intent’ document, its supposed protections for volunteers are very limited at best and at any rate the document has no legal standing and is unenforceable.  If the EBA is registered it is not impacted by the statement of intent documents and where its terms and requirements differ from the CFA Act, it prevails over the Act as a matter of law.

That is why we are left with no option other than to take legal action to try and stop the EBA while it still contains clauses which negatively impact on volunteers and the operations of CFA as a volunteer based fully integrated service.

WHAT WE GOT FROM CFA

In respect to Ms Diver’s public claims that “CFA has provided VFBV with extensive documentation” during the supposed consultation period, here are the facts.

The only information we received from CFA was:

  1. At the start of the period for consultation, CFA gave VFBV a single copy of version 17.4 of the proposed EBA on 24 June.  The following week the document was made generally available to CFA members on the CFA website.
  2. On 12 August 2016 (at 10:57 am) – A letter from CFA lawyers advising VFBV that CFA had considered the matters raised by VFBV and in light of the bargaining position of the UFU and in the context of the policy position of the Victorian Government, no further changes had been able to be agreed.  CFA attached a draft 2½ page joint statement of intent by CFA and UFU, and a draft one page letter from the CFA Chair to the CFA Chief Officer instructing that the draft EBA has been approved by the CFA Board.
  3. On 12 August 2016 – A letter from CFA Lawyers notifying VFBV of CFA’s intention to request that employees approve the EBA by voting for it etc.  Although not sent directly to VFBV, CFA also posted to the CFA intranet at 6:44 pm on 12 August 2016 advising of the CFA Board decision re the proposed EBA, and attaching the letter to the CFA Chief Officer; the CFA/UFU intent statement; the CFA Board resolution; and copy of the final version of the EBA

This information can hardly be described as “extensive documentation”.

WHAT WE REQUESTED FROM CFA

Now compare this to the questions we raised that CFA refused to answer and information we requested that CFA wouldn’t provide to address the concerns identified by VFBV and its members:

  •          Is clause 7A as presented to us (in EBA version 17.4) the full extent of proposed protection for volunteers from alteration of their rights, roles and operations by the proposed EBA?
  •          What is the model of a Greater Alarm Response System (GARS) being proposed to be implemented within CFA?  How will a CFA GARS approach operate in practice?  Has CFA completed an analysis of the volunteer workload created by such an approach, and if so can you please provide this analysis for volunteer consideration?
  •          What is the model that CFA is proposing, to meet its obligation under clause 43.2.7: “seven professional firefighters to fireground incidents are dispatched before commencement of safe firefighting operations…” (District 2, 7, 8, 13, 14, 15 and 27), including:

o   Flow on workload operational and fire ground safety implications for volunteers and volunteer brigades;

o   Step up implications and additional workload implications for volunteer brigades and volunteers at integrated brigades.

o   Impact on support availability to volunteer brigades currently supported by integrated brigades.

o   Impact on integrated brigade paid firefighter crews being more frequently dispatched out of primary brigade service areas on volunteer workload and primary service area risk exposure etc.

  •          What are the “agreed impact of” BASO and Volunteer Support program by persons covered by the proposed EBA? (referenced in clauses 15 & 16).  VFBV continues to contest that the BASO and Volunteer Support Programs are not appropriate inclusions in the Operational EBA and are fundamental non-operational volunteer support programs.  As such any changes to these programs impact on volunteer brigades across Victoria.  Inclusion of the BASO and VSO clauses in this EBA is a direct contradiction of the Premier’s and Minister’s assurances that the proposed EBA has no effect on volunteer brigades.
  •          What process will CFA be using to ensure VFBV and volunteers are genuinely consulted on matters arising from the EBA’s Consultation and Dispute Resolution processes? (Clauses 21, 26, 27 and 58)
  •          What process will CFA be using to ensure VFBV and volunteers are genuinely consulted on matters arising from discussions initiated by Clause 41?  What process will CFA use to ensure the results of that consultation and volunteer inputs specifically - can be genuinely considered in decision making?  How will dispute resolution provide guaranteed fair and equitable outcomes for volunteers?

Because none of this information was provided during the consultation period, VFBV:

  •          wrote to CFA on 29 July further requesting this information;
  •          following CFA’s failure to again provide the requested information, we reiterated the request for it at the meeting with CFA Board on 1 August 2016;
  •          arising from CFA’s continued failure to provide the request information, we again requested the information on 7 August 2016 as part of our submission to the CFA Board in response to their request for VFBV’s suggested amendments to problematic EBA clauses (per the request made by CFA Board at the meeting of 1 August 2016); and,
  •          yet again on 12 August 2016 we requested the information we had sought over the preceding weeks.

Further, on 7 August 2016, following statements made by the CFA Chief Officer to the Legislative Council Committee on Environment and Planning’s Inquiry into fire season preparedness that he had received further information on matters relating to ‘CFA’s 14 threshold issues’, we requested such information, including details on how the threshold issues would be dealt with in a legally enforceable manner in association with the application to register the EBA with the Fair Work Commission.

We are yet to receive this information from CFA.

As members can see from the details above, the information provided to VFBV was negligible and can hardly be said to meet anybody’s definition of ‘extensive documentation’. CFA’s failure to provide important and relevant information to us during the consultation process and in the period thereafter when we were still daring to hope that we could come to a settlement with the new CFA Board that met the obligations and intent of the CFA Act is a bitter disappointment.

Andrew Ford

CEO

Volunteer Fire Brigades Victoria

MEDIA RELEASE - Friday, 12 August 2016

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

But our campaign to defend CFA will not end there.

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

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

Wednesday, 03 August 2016 00:00

2 August 2016 - Update on the CFA/UFU EBA

Included in this update:

  • VFBV/CFA Consultation on Operational Staff EBA
  • Parliamentary Inquiry into Fire Season Preparedness
  • The Premier’s Troubling Comments
  • Information we have requested from CFA
  • VFBV’S Next Steps
  • Actions You Can Take at the Local Level
  • A Summary of the Key Matters VFBV Raised with the Parliamentary Committee
  • See below to download a copy of this update

VFBV – CFA Consultation on Operational Staff EBA

VFBV concluded its formal court ordered consultation period with CFA on 20 July 2016. Subsequently, we requested to extend the consultations once the new CFA Board was in place in order to bring new CFA Board members up to speed with our concerns and suggestions.

Whilst CFA did not agree to further formal consultations we were invited to make a presentation to the full CFA Board on Monday 1 August. The UFU were also invited to make a presentation to the Board at an earlier time the same day.

I am pleased to report that this meeting was constructive and I am hopeful that progress on our issues can be made – we’ll wait and see.

In the lead up to this meeting we wrote to CFA on Friday 29th July with further questions on the effect of the proposed CFA-UFU Operational Staff EBA, arising from our consultations so far and the feedback we are receiving from members. We also sent CFA an updated comprehensive assessment of the proposed EBA, clause by clause, with comments on issues and the actions that we believe are required.

We expressed the strong view that the completion of a genuine and meaningful consultation process under the Supreme Court undertakings, as well as the CFA Volunteer Charter, is dependent on the provision of all the information pertinent to the matter. We also expressed concern as to the lack of response and clarification from CFA, relating to the issues we have raised so far.

Parliamentary Inquiry into Fire Season Preparedness

On Tuesday, 2 August, VFBV made a presentation and submission to the ‘Inquiry into Fire Season Preparedness’ by the Victorian Parliament’s Legislative Council Environment and Planning Standing Committee. The UFU was also scheduled to make a presentation but Peter Marshall advised he was not able to attend due to illness. The effects of the proposed EBA on the preparedness and operations for the forthcoming fire season have already been raised as an issue in the Inquiry. Attached to this News Note is a summary of the evidence Andrew Ford and Adam Barnett presented to the Committee.

The Premier’s Troubling Comments

Over the past couple of weeks Premier Daniel Andrews has told the media that the proposed EBA will not affect volunteers. He has accused those who say it will affect volunteers and public safety to be liars, spreading grubby mischief and following a political agenda. For example, on regional ABC radio he said:

“One would hope that the misinformation, the lies the pretty grubby mischief that’s been going on in recent months will come to an end.  Again we’ll continue to be out there with the truth, the actual facts of these matters.” 

In the past week he has even implied that if the dispute went on, lives may be lost because CFA members were not focussed on the job if the industrial dispute continued and was not resolved:

“… the price is me having to sit in this studio and say to you that lives were lost, property was lost, because the CFA was not focused on keeping Victorians safe, I’m not prepared to do that.”

These comments are an insult to all CFA members, volunteers and paid. For all of us, our public service to the people of Victoria, our commitment to public safety comes first and we will never be distracted from that. The very reason we are taking the stand we have on the EBA is because of a profound commitment to a volunteer based, fully integrated CFA as the best way to provide public safety for Victorians.

Information we have requested from CFA

VFBV has requested further information from CFA in regard to the EBA arising from our consultations so far and feedback from members. The matters raised included:

  • Whether the catchall clause 7A is the only proposed protection for volunteers
  • How the proposed CFA Greater Alarm Response System (GARS) would work
  • The effects on volunteers of clause 43.2.7; “seven professional firefighters to fireground incidents are dispatched before commencement of safe firefighting operations…”
  • The impacts of restricting BASO and Volunteer Support program roles to paid firefighters
  • How CFA will ensure VFBV and volunteers are genuinely consulted on issues handled by the EBA’s dispute resolution processes
  • The content of the proposed Infrastructure Agreement between CFA and UFU, to be placed on file at the same time as the EBA is lodged with FWA, and how VFBV and volunteer members of those Brigades will have genuine opportunity to have input before any decision is made
  • The listing of four additional locations for new integrated brigades - a direct contradiction of the Premier’s and Minster’s assurances that the proposed EBA will not affect volunteer brigades
  • How the Emergency Management Commissioner will ensure genuine consultation, ensure the CFA Act is not overridden, take any necessary action in the Fair Work Commission, and protect the roles of volunteers in accordance with the CFA Volunteer Charter?
  • When VFBV will receive an updated proposed EBA, showing amendments that are proposed to accommodate the volunteers’ concerns
  • Whether there is a proposed interpretation document that will guide the application of clauses in the EBA, and when it will be provided to VFBV for discussion and consultation

In our view, the responses to these matters are fundamental to “genuine and meaningful” consultation with volunteers so that we may help shape the final decisions that affect us and CFA as a volunteer based fire and emergency service.

VFBV’s Next Steps

VFBV is continuing to work to ensure the now-complete CFA Board fully understands volunteers’ concerns, the ramifications of approving the EBA and ways in which those concerns can be resolved.  It is important to repeat that none of our concerns are about the pay and conditions of paid firefighters.

We are working with Federal Government to ensure its intended legislation to change the Fair Work Act is effective in protecting volunteers from the effects of enterprise bargaining agreements.

VFBV will keep raising the issues with Members of Parliament, business and community leaders and the general public.

We are actively advocating through public forums, events and the media, and it is important that volunteers across the state continue local activities to support our push for a fair outcome.

Andrew Ford

CEO

Volunteer Fire Brigades Victoria

ACTIONS YOU CAN TAKE AT THE LOCAL LEVEL

Volunteers should still be:

  • Emailing and talking to local Members of Parliament at every opportunity
  • Seeking meetings with MPs to tell them about volunteers’ concerns
  • Raising the issue with local media and the community
  • Keeping your signs, leaflets and other campaign materials ready, we may need to hit the streets at short notice
  • And at all times, maintaining your normal professional standards of behaviour and emergency response to your community

Stay in touch with the issue via your State Councillors, FireWise, www.vfbv.com.au and VFBV updates to volunteers.

                                                          *               *               *

SUMMARY OF KEY MATTERS RAISED BY ANDREW FORD AND ADAM BARNETT TO THE LEGISLATIVE COUNCIL ENVIRONMENT AND PLANNING STANDING COMMITTEE INQUIRY INTO FIRE SEASON PREPAREDNESS – 2 AUGUST 2016

Noted significant and compounding effect on fire seasons into the future

Stressed the vital importance of CFA volunteers to fire season preparedness, particularly:

  • Volunteer surge capacity
  • Interrelationship between fire service delivery in outer metropolitan Melbourne and Victoria’s fire season preparedness
  • The importance of CFA’s integrated model for managing this interrelationship
  • Proposed EBA’s impact on powers of the Chief Officer, the volunteer based and integrated nature of CFA and direct impact on Victoria’s fire season preparedness and operations
  • Long term and potentially disastrous impacts of the proposed EBA requiring a cure

Urged Committee to rapidly do all they can to transparently investigate the EBA problems we have raised, ensure appropriate awareness of the problems and seek out necessary remedies to them.

The issue is not volunteers versus paid staff but rather the issue of inappropriate union control and influence in CFA and an EBA that effectively dismantles the current statutory nature and operations of CFA and erodes the CFA’s capacity to manage its operations.

CFA’s single chain of command is vital for effective response – CFA is founded on the principle of roles being performed based on the best person for the job (training, experience, proficiency, availability) – not based on pay status. Volunteers are trained, experienced and endorsed to perform CFA’s range of roles from firefighter to incident controller and incident management roles at the highest level in the state.

A significant proportion of response and surge capacity to deal with fires and major incidents is from outer metro volunteers. An erosion of the numbers and capacity of outer metro volunteers will cut Victoria’s response and surge capacity to deal with major fires and incidents and more community loss will occur.

The network of 1200 volunteer brigades across Victoria is the first line of community planning, preparedness and resilience and the basis of community education capacity all year round including the lead-up to every fire season.

Often 40% and sometimes more than half of the resources used to fight major fires and respond to major incidents are provided by volunteers from outer metro Melbourne. Sustaining and growing volunteer capacity in outer metro Melbourne and supplementing it based on genuine need, and based on the CFA integrated model, is essential to a state-wide response and surge capacity. The operation of fully integrated brigades with their core of paid staff working with volunteers to meet local service delivery requirements is an important part of the CFA’s model of operation. Full integration of staff and volunteers is recognised in the CFA Act.

The CFA Act also requires that CFA policy and organisational arrangements (for example, policies, procedures, work force design, volunteer brigade support arrangements and training) encourage, maintain and strengthen the capacity of volunteers. Further, the CFA Act also requires consultation with volunteers on all matters that may affect them prior to decisions being made – this is a vital mechanism for engaging and rendering a sense of co-operative involvement to volunteers in determining CFA’s future as it affects volunteers. This is an important part of sustaining and building CFA’s volunteer workforce – currently about 97% of the total CFA workforce – to meet current and future challenges, be it urban growth or the fire and flood effects of climate change.

The matters raised with the Committee regarding the proposed EBA:

  • Erodes the role of volunteers;
  • Restricts support to volunteers;
  • Blocks proper consultation on matters which may affect volunteers;
  • Dismantles the CFA integrated model; and,
  • Restricts and overrides CFA (including Chief Officer) decision making.

These factors inherent in the current version of the proposed EBA will lead to reductions in volunteer capacity. If volunteers are not respected and utilised in a meaningful way there is a high risk of disengagement and loss of members – ‘use them or lose them’; respect them or lose them.

Implementation of the proposed EBA creates a significant and growing cost burden which will inevitably lead to the monopolising of resources to one small aspect of CFA business primarily in urban Melbourne rather than allowing CFA to determine priorities based on service need and risk. Consequently, regional Victoria and other operational priorities will see a progressive draining of available resources.

Once volunteers are gone and the traditions of service lost it will be very difficult to rebuild.

Pointed to various comments and assurances from Government regarding the EBA including:

  • There is no impact on volunteers;
  • Volunteer concerns have been fixed;
  • The EBA only affects a handful (34) of CFA brigades;
  • Volunteers are protected from the affects of the EBA;
  • Support to volunteers is not impacted by the EBA;
  • There is no veto power for the UFU in the EBA

Pointed out how these comments and assurances were not true!

Finally, appealed to the Committee to do everything in its power to ensure urgent, expert and transparent analysis of:

  • The concerns raised by the immediate previous CFA Board, CEO and Chief Officer;
  • Advice received from senior legal experts, including a numbers of QCs;
  • The impact on CFA volunteer capacity and volunteer workload;
  • The full additional costs and funding required to ensure limited funds are directed to best community safety outcomes as determined by the CFA, not an industrial agreement; and,

The wildly varying cost estimates of the EBA, noting CFA cost estimates suggesting an additional $1.2 billion required over three to four years, where some Treasury estimates place the cost at around $160m – There is a need to generate figures of which we can all be confident.

 

Tuesday, 14 June 2016 00:00

Urban Championships ‘Come & Try Day’

Bendigo, Sunday 16 October 2016

The Greater Midlands Fire Brigades Competition Association [GMFBCA], the Bendigo & District Combined Brigades [BDFBCC], Central & Hume & Western District are hosting a Come & Try Day for all firefighters [Male, Female & Juniors over the age of 16 years registered as Seniors] with the introduction of 3 new events for older Juniors or a resurgent senior team that has not competed for a few years.

The new events will be the Hose & Reel event for 4 competitors using the reel with 38mm hose flaked on to a holding tray, also a Disabled Hose for 6 competitors with Reel & Tray.  Another event to be trialled on the day will lbe a 3 Hose & Y event for 6 competitors [an event with all 3 hoses and fittings laid out on the track to be coupled together and striking discs).

The Come & Try Day will take place on Sunday 16 October from 10.30am, and will conclude with a sausage sizzle around 2.00pm.

It is open to all from across Victoria to muster a car load of people and come see the social side of fire brigade in a healthy friendly environment of like-minded firefighters.

During the day there will be demonstrations all of the other events in an Urban Championship, from the Marshalls to the Ladder, Hydrant & Pumper events for prospective competitors to see, try and/or take away and master. 

Please note that all Hoses, Hydrants Reels/Trays will be provided on the day so just turn up and enjoy.

So please consider this offer if you or your Brigade would like to be part of this fun and healthy side of the fire service and enjoy the social side of the CFA.

If you would like any more information please contact:

Barry Doye    Bendigo   0439 109 451 This email address is being protected from spambots. You need JavaScript enabled to view it.

Peter Hannon     Ararat     0407 008 282    This email address is being protected from spambots. You need JavaScript enabled to view it.

Greg Murphy     Kerang    0429 955 122    This email address is being protected from spambots. You need JavaScript enabled to view it.

Please let the organisers above know if you're planning to attend.

Monday, 25 July 2016 00:00

22 JULY 2016 UPDATE ON THE CFA/UFU EBA

Items covered by this update include:

•             Court ordered consultation

•             CFA Board appointments

•             Proposed changes to the Federal Fair Work Act

•             VFBV’s next Steps

•             The Premier

•             Fundraising to support our campaign on behalf of volunteers

•             Actions you can take at the local level

SUPREME COURT ORDERED CONSULTATION BETWEEN CFA AND VFBV

The Supreme Court-ordered formal consultation came to an end on Wednesday, 20 July. 

There is now no legal requirement preventing the EBA from being pushed through, but there is also nothing preventing continuing consultation on the remaining matters.

VFBV has raised a number of key issues with CFA through the consultative process, but the result of our submissions is as yet unknown. Further, the consultation has been limited by the fact that there has only been about half, 5 of the 9 CFA board members in place.

Now that the remaining CFA Board members have been appointed, VFBV has written to CFA pointing out that it would be wrong if there wasn’t due time for that full complement of the Board with its full skills set to be able to work through the issues, understand the issues we have raised and make a properly informed decision.

The now-complete CFA Board must receive briefings on the full implications of proceeding with the EBA including all volunteer impacts and concerns, as well as studying all of the previous Chief Officer’s and CEO’s briefings, the relevant legal advice and full cost implications.

In the meantime, CFA is still required under the Supreme Court order to give VFBV written notice at least three business days before proceeding with the EBA in any form, and we have not received any written notice.

CFA BOARD APPOINTMENT OF VOLUNTEER NOMINEES

As set out in the CFA Act, VFBV provided a panel of nominees to be considered by the Minister for the four volunteer-nominated positions on the CFA Board.

The Act requires four volunteer nominees to ensure the CFA Board has strong volunteer expertise, knowledge and an understanding of CFA volunteerism, as well as knowledge of, or experience in, commercial, technical, operational, legal or financial matters; as well as expertise in fire services, emergency management, land management or any other field relevant to the performance of the functions of the Authority. 

VFBV received a large number of expressions of interest in the CFA Board positions, conducted detailed interviews and provided a panel of eight nominees.

The four CFA Board Members appointed from the panel are;

Timothy Young - a member of CFA since 1980, Timothy is is Brigade Secretary and Treasurer at Little River Fire Brigade and brings with him an extensive background in law.

Lynda Hamilton – Lynda has been a CFA member since 2011, has held brigade management roles, and has a strong background in management consulting and change management.

Peter Shaw -  a Deputy Group Officer at Knox Fire Brigades Group and a volunteer firefighter since 1974, Peter has a long history in police and emergency services.

Hazel Clothier – Hazel has been a CFA member since 2008, is currently captain at Warburton Fire Brigade and has a background in biomedical science and epidemiology.

PROPOSED CHANGES TO THE FEDERAL FAIR WORK ACT

The Turnbull Federal Government has reconfirmed its commitment to changing the Fair Work Act to prevent enterprise bargaining agreements from disadvantaging volunteers, or undermining the capacity of the CFA or other emergency services volunteer bodies to properly manage their volunteer operations.

Federal Minister for Employment, Michaelia Cash, has also offered to use her powers under the Fair Work Act to prevent the proposed UFU EBA from coming into effect, saying she will seek leave to intervene in the Fair Work Commission to oppose the approval of the EBA on the grounds that it contains discriminatory terms. 

Should the EBA be approved by the Fair Work Commission, the Federal Minister has offered to request a review by the Full Bench of the Commission and possibly mount a challenge in the Federal Court.

The Government has advised VFBV that it will take legislation to the first sitting of the new Parliament, which will be at the end of August, and the legislation will affect all new and current EBAs including any UFU EBA.

VFBV’S NEXT STEPS

VFBV is now continuing to work to ensure the now-compete CFA Board fully understands volunteers’ concerns, the ramifications of approving the EBA and ways in which those concerns can be resolved.  It is important to repeat that none of our concerns are about the pay and conditions of paid firefighters.

We are working with Federal Government to ensure its intended legislation to change the Fair Work Act is effective in protecting volunteers from the effects of enterprise bargaining agreements.

VFBV will keep raising the issues with Members of Parliament, business and community leaders and the general public.

We are actively advocating through public forums, events and the media.

THE PREMIER

The Premier has been in the media talking about the issues we are raising as though they are bush lawyering and lies, which is a discouraging sign.

However, we have talked to the new Chairman of the CFA Board, the Interim CEO and CFA senior management.  Many of the senior CFA management still share many of the concerns that we have raised.  For the new Chairman and Interim CEO there is much new information to consider.

In the meantime, his often repeated remark that the dispute has been going for more than a thousand days is a red herring; for all but about 70 of those days, it was the Premier and the Minister holding up the EBA because of the same issues VFBV is raising now.

FUNDRAISING - VALUING VOLUNTEERS FUND DONATIONS

VFBV has established a Valuing Volunteers Support Fund to receive donations to support the work we are doing to protect, advocate and represent CFA volunteers.  Donations will be accepted from members of the public. Donations are not tax deductible, but donors can request a receipt.  There are more details on the VFBV website www.vfbv.com.au and Victorian Farmers Federation members can donate through the VFF.

Key areas of expenditure for funds donated are:

•             To liaise and consult on the operation of the CFA Volunteer Charter in the interests of CFA volunteers about all matters which might reasonably be expected to affect them.

•             To defend and strengthen public support for the CFA as a volunteer and community based fire and emergency service

•             To develop awareness, respect and support for CFA volunteers and their fundamental and pivotal role in the CFA as a volunteer and community based fire and emergency service for the people of Victoria

•             To preserve and strengthen CFA’s community and volunteer based foundations by enabling members of CFA brigades to consider and bring to the notice of CFA all matters affecting their welfare and efficiency

•             To assist in maintaining high morale, ongoing health and welfare of CFA volunteer members and their families

•             To assist with legal costs incurred in achieving all or any of the above purposes

ACTIONS YOU CAN TAKE AT THE LOCAL LEVEL

Volunteers should still be:

•             Emailing or writing to local MPs and talking to them at every opportunity

•             Arranging meetings with MPs and telling them about volunteers’ concerns

•             Raising the issue in local media and with your community

•             Keeping your signs, leaflets and other campaign materials ready, we may need to hit the streets at short notice

•             Promoting our fund raising efforts

•             And at all times, maintaining normal emergency response to the community and professional standards of behaviour, including respect and conduct towards our paid staff colleagues

Stay in touch with the issue via your State Councillors, our column in FireWise, www.vfbv.com.au and VFBV updates to volunteers.

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CFA Volunteers are the unpaid professionals of our Emergency Services. VFBV is their united voice, and speaks on behalf of Victoria's 60,000 CFA Volunteers.

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