VFBV

NOTE TO MEMBERS – 25 October 2016 - Download Media Release Here                                       

IMPORTANT UPDATE FOR ALL VOLUNTEERS

In the last few weeks VFBV has achieved major breakthrough in the long running dispute flowing from the CFA/UFU enterprise bargaining deal (EBA) that undermines the volunteer based nature of CFA, impacts on the way volunteers are supported and work, and overrides CFA decision making including on matters impacting on volunteers.   

VFBV has successfully campaigned for and achieved a change to the Federal Fair Work Act that protects volunteers and ensures the volunteer nature of CFA cannot be undermined by an Enterprise Bargaining Agreement between CFA and the UFU.  The Federal Fair Work Act changes were approved by the Senate on 10 October with support from all Coalition and cross bench independent Senators other than Senator Lambie from Tasmania, and have been given Royal Assent which confirms them as law as of now.

The changes to the Fair Work Act apply to the current EBA negotiations and also all future CFA EBAs.  This means that VFBV has also achieved the outcome being pursued in the Victorian Supreme Court.  Our core claim in the Supreme Court was to achieve a declaration that it would be unlawful for CFA to enter into the proposed 2016 CFA/UFU EBA because of clauses that contradict and override the CFA Act - the changes to the Federal Fair Work Act now disallow this in federal law.   

As a result, yesterday we reached an agreement with the CFA to draw a conclusion to the Victorian Supreme Court Action.  VFBV is of the view that CFA should revisit the EBA given the changes to the Fair Work Act but instead of testing this in the State Supreme Court it will now be a matter to be tested in the Fair Work Commission under the new arrangements which make it unlawful for the EBA to include arrangements that restrict or limit CFA's ability to:

• Engage or deploy volunteers
• Provide support or equipment to volunteers
• Manage its relationship with or work with any other emergency management body in relation to its volunteers
• Manage it operations in relation to volunteers
• Consult with volunteers
• Or require or permit CFA to act other than in accordance with the powers, functions and duties conferred or imposed on CFA by the CFA Act in relation to volunteers.

This doesn’t mean our legal action is over completely but it does make the path ahead clearer.  Instead of continuing our costly legal action in the Victorian Supreme Court, the focus of our advocacy and legal action will now shift to the Federal sphere and play out in the Fair Work Commission and from there the Federal court system if required.  We will also be freed up to focus on potential challenge to the Fair Work Amendment in the High Court of Australia as threatened by the UFU.  At the Federal level we will not be alone – the Fair Work Commission now has clear rules to follow which protect emergency service volunteers; the Federal Employment Minister has also committed to challenge the EBA at the full bench of the Fair Work Commission if required, and if the matter goes to the High Court then the Federal Government will have a keen interest in defending the robustness of their legislation.

The change to the Federal laws (Fair Work Act) now achieves what VFBV have been seeking from the Victorian Supreme Court.  Our efforts from here on are better devoted to ensuring the federal arrangements for protecting the future of CFA hold firm, working to ensure CFA and others are focussed on supporting and strengthening volunteerism for the benefit of future generations and getting on with protecting our communities. 

It was never our wish to be held up in a protracted court case.  We think VFBV and volunteers can now set the scene by proactive leadership to ensure CFA remains a strong and successful volunteer based organisation where paid staff and volunteer work side by side for the benefit of the communities we serve. 

The Supreme Court action has been fundamental in our efforts to prevent the CFA and UFU using the loophole that previously existed in the Fair Work Act to enable the CFA Board to enter into an EBA that we say is beyond the lawful intent and powers of the CFA Act.  The CFA will no longer be able to use this loophole.   Our action in the Supreme Court has been costly and resource intensive.  VFBV greatly appreciates the support and monetary donations that have made the Supreme Court action possible.  A big thank you to everyone who has supported our campaign to date.

There is still a possibility that further legal action might be required given that the UFU have claimed they will challenge the Fair Work Act amendment in the High Court and there is also real possibility that VFBV will need to defend the rights of volunteers in the Federal sphere so we will continue fund raising to support our legal action and further campaign efforts.

VFBV will also be arranging detailed briefings for every VFBV District Council to explain the success achieved by the change to the Fair Work Act, the outcomes achieved by our Victorian Supreme Court Action and the work remaining in the Federal sphere.  VFBV will be working hard with CFA and Government to provide the leadership required to ensure CFA remains a great place to volunteer and an organisation ready to serve communities.  There is a lot of work to do, and with summer on our door step we want to get on with it as quickly as possible.

SUMMARY OF CHANGES TO THE FAIR WORK ACT

The changes to the Fair Work Act make it unlawful for organisations such as CFA to have EBA arrangements that restrict or limit CFA’s ability to:

• Engage or deploy volunteers
• Provide support or equipment to volunteers
• Manage its relationship with or work with any other emergency management body in relation to its volunteers
• Manage it operations in relation to volunteers

The changes to the Fair Work Act prohibit the CFA from having EBA arrangements that require CFA to consult or reach agreement with any other person or body before taking any action regarding the things listed above.  The changes to the Fair Work Act also disallow the CFA from having EBA arrangements that restrict or limit CFA’s ability to recognise, value, respect or promote the contribution of CFA volunteers to the wellbeing and safety of the community.  And the changes prohibit the CFA from having EBA arrangements that require or permit CFA to act other than in accordance with the powers, functions and duties conferred or imposed on CFA (ie by the CFA Act) in relation to volunteers.

The changes also enable VFBV to make a submission to the Fair Work Commission (FWC) when matters before the FWC affect, or could affect, CFA volunteers.  To date VFBV has been locked out of any ability to raise concerns in the FWC even when matters contained in the CFA/UFU EBA directly impacted on volunteers.

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

• AUDIO: 3AW's Neil Mitchell interviews Minister James Merlino
• MEDIA: The Age coverage here

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 29^th 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.

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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.

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.

UPDATE 27 MAY 2016

CFA Operational EBA update - Friday 27 May 2016

This week, we have been attending hearings at the Fair Work Commission as part of Operational EBA negotiations.

We have now made formal written submissions to the Commissioner, and have again reinforced CFA’s position around any clauses proposed by the UFU that would:

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

The Commissioner will now consider our final submissions and will provide some potential next steps to resolve this matter.

A final hearing will be held at Fair Work on Monday, and the Commissioner is expected to discuss his thoughts and potential solutions to progress the current process.

This could involve handing down recommendations for all parties to consider.

CFA remains committed to resolving the matter as soon as possible, however any deal must be fair and affordable, and must not adversely impact on volunteers and needs to benefit Victorians.

From the Organisational Leadership Team – Lucinda Nolan, Joe Buffone, John Haynes, Steve Warrington, Garry Cook, Ross Sullivan, Trevor Owen, Bob Barry, Gavin Thompson, Peter O’Keefe, Paul King, Kate Harrap, Emma Tyner, Phil Harbutt, Margareth Thomas, Terry Hayes.

UPDATE 18 MAY 2016

Following more enquiries regarding the EBA, the CFA Organisational Leadership Team has released an updated EBA Information sheet, which is replicated below. You can download a PDF version either form the link at the bottom of this page, or directly from the CFA website; http://news.cfa.vic.gov.au/news/operational-eba-update-18-may-2016.html 

Ops EBA information

There are a number of questions that have been raised about the EBA negotiations. We
want to make sure you have the facts.

Organisational Leadership Team – Lucinda Nolan, Joe Buffone, John Haynes, Steve Warrington, Garry Cook, Ross Sullivan, Trevor Owen, Bob Barry, Gavin Thompson, Peter O’Keefe, Kate Harrap, Emma Tyner, Todd Perkinson, Phil Harbutt, Margareth Thomas, Terry Hayes

The Fiskville inquiry has been extended until 31 March 2016, and a number of additional transcripts from its hearings have just been added to its website (see below).

The Committee’s public hearings will continue through until the end of the year, and will include representatives of CFA, the EPA and WorkSafe.

The hearings will start on Monday 19 October and run until early December.

The Committee has announced it will start by hearing from key experts with knowledge about toxic chemicals and hazardous materials to increase our understanding of the health effects of the pollutants people at Fiskville have been exposed to and their effects on the environment.

You can read transcripts of the Committee’s hearings here, including VFBV CEO Andrew Ford’s evidence to the Committee and newly added transcripts from Ballan Fire Brigade and staff members from Fiskville.

You can see VFBV’s full written submission here.

Click here for the Committee’s website.

By Andrew Ford, Chief Executive Officer

On behalf of the VFBV Board I would like to provide the first of a number of important communiques to follow up on the action taken by VFBV in the lead up to the recent Victorian election and concerns about the Labor Party policy announcements impacting on CFA.

Please rest assured that the VFBV Board did not contemplate nor take the recent actions without a great deal of reflection, agonising and analysis. The reality is that it was vitally important for VFBV to raise the concerns, motivated then and now by a firm belief and deep fear that the policy suite announced by Labor includes elements that could have disastrous consequences for CFA and therefore Victoria’s volunteer firefighting capacity.

Firstly may I take this opportunity on behalf of the VFBV Board to thank VFBV Delegates and volunteers across the State for your support and involvement in helping to communicate the VFBV Board’s concerns. The VFBV campaign was delivered very well given the short time frame, the message was put across well and received by those who needed to hear it most.

Sensitive issues such as this can often cause tension and/or be distorted by people with different views or agendas and I am very proud of the way VFBV Delegates and volunteers engaged in calm, constructive messaging; respected the rights of others to have a different viewpoint; and avoided twisting our concerns or targeting individuals.

Members need to be aware that the policy announcement triggering our concerns about surrendering the decision making powers of the CFA Chief Officer to external industrial interference and union-driven process was only made by Labor on 18 November. This meant that our timeframe for activating and explaining our concerns was very tight.

Whilst our campaign activation required short lead times, the concerns expressed by VFBV are not new. Only a few years ago VFBV collected 23,000 signatures petitioning the Legislative Assembly of Victoria to address volunteer concerns about similar industrial interference with CFA.

The recent Jones Inquiry and countless discussions and representations to Government over the past nine years or so provided a deep background to the concern expressed in the VFBV Board open letter.

The overwhelming response from both the general public and our membership has been extremely encouraging, and will provide a good platform for us to continue to pursue our concerns with the new Government, and a base of understanding to work towards fixing the concerns we have raised.

VFBV remains deeply concerned and our energy will now be put to working with our new Minister and MPs across all political parties to find solutions. I have already spoken to several MPs and Government staff about quickly starting a conversation to improve the understanding of the concerns VFBV has raised, and to find a way forward that not only avoids damage to Victoria’s vital volunteer capability, but sustains and strengthens it.

In the lead up to the election, the CFA Chief Officer and others were not able to comment nor discuss the implications of Labor’s CFA-related policy elements, however we do know that in recent years they have been equally troubled by the very same concerns raised by VFBV. VFBV spoke up because no one else could.

CFA have been seeking, over the last few years, to remove this industrial interference and overriding of the Chief Officer’s powers and to ensure the Chief Officer is in charge of determining CFA operational resource needs, volunteer brigade support needs etc. We are aware that CFA did not request the additional paid staff that Labor announced and we know the CFA Board and management are strongly committed to delivering the direction set down in the CFA Act, maintaining CFA as a volunteer based and fully integrated organisation.

VFBV will now focus on working with CFA and Emergency Management Victoria to ensure volunteers are positively and fully engaged in working within the new Government’s policy context to avoid damage to CFA volunteer capability and to educate MPs, key Government decision makers and the community about what is required for the long term success of CFA.

Now that the new Government has been sworn in, I will be seeking an opportunity to meet with our new Minister, The Honourable Jane Garrett, in the next few weeks. I will continue to pursue and explain the concerns raised by the VFBV Board and will be offering our support to finding a solution to our concerns.

It is important to remember that the VFBV campaign in the days leading up to the election was a campaign about a policy with which we have deep concern. In the same way that our strong campaign for presumptive legislation was highly critical of inaction by the previous Coalition Government but was not anti-Coalition, our recent assertive public campaign and our continued approach on this issue needs to remain focused on the concerns we have about this policy and the way it has been constructed, not party political.

I have said many times that these concerns are not about being anti-paid staff, and are not about being anti-union. CFA members, paid and volunteer alike, working together as one integrated team is vital for effective fire and emergency services to Victoria. Nothing in VFBV’s recent campaign was about detracting from the value of CFA paid firefighters and nothing was about criticising the union pursing the best possible pay and conditions for their members.

I urge all members to stay focussed on the real issues of concern and that is that VFBV believes there should not be external industrial interference with the CFA Chief Officer’s power to decide where and when and how he uses CFA firefighters. VFBV is very concerned about any policy or motivation that wittingly or unwittingly erodes Victoria’s volunteer firefighting capacity, and VFBV is strongly opposed to industrial agreements that override CFA decision making and unfairly impact on the rights and support of volunteers.

On a brighter note, other policy announcements made by Labor included additional CFA fleet funding, the introduction of presumptive cancer legislation for both career and volunteer firefighters, and additional funding for the fire station amenities program.

Some of the detail on these issues is still patchy and I will provide more as soon as I have it. With regard to fleet funding, I will be writing to the Minister to clarify whether the additional $18M is an annual base funding adjustment consistent with our advice about CFA’s annual base funding shortfall for fleet replacement, or whether it is a one-off, in which case our old problem has not been resolved.

I will also be following up to confirm that the intention is not to treat volunteers differently from career firefighters with regard to presumptive cancer legislation, as has been done in the Tasmanian legislation referred to in Labor’s announcements.

I can assure you VFBV will work hard to find the best way forward and in the meantime we will also stay focussed on the many other challenges and opportunities ahead for CFA.

Please pass on this thanks and update to your networks and stay tuned for some further advice in the coming weeks.

The upcoming bushfire season is traditionally a period of high visibility and a showcase of CFA professionalism and dedication. As in years past, VFBV will continue to represent your interests, so you can continue to do the vital work of protecting our communities in their time of need.

Transition

The Regional Radio Dispatch Service (RRDS) project reached a significant milestone on Sunday 10 August 2014, with District 5 marking the final transition across regional Victoria to digital dispatch. All CFA regional brigades now have access to clearer, high quality dispatch communications. The transition to RRDS enables CFA members communication between a 24/7 CAD centre and emergency appliances in regional Victoria using enhanced coverage and better audio quality.

“This has been a major project and CFA is very pleased with the results. RRDS will make a major contribution to better emergency management as well as the safety of our members and the wider community,” said CFA Deputy Chief Officer Joe Buffone.

“RRDS solves many radio ‘black spot’ issues,” Mr Buffone said.

“RRDS ushers in a new generation of high-quality digital dispatch capability across the state. It’s the sort of service already enjoyed by Victoria Police, MFB, Ambulance Victoria and our brigades in metropolitan Melbourne.”

Reflash 2

Following the transition to CFA’s new digital radio network, the Radio Reflash 2 team has once again commenced scheduling brigade visits to upgrade software in CFA Tait radios.

All CFA Tait radios must be updated with new software enhancements, enabling additional radio features which are available through the digital network.

Radios across the state will be upgraded with new software, delivering additional functionality, including a 6 digit grid reference display.

When operating within regional districts, additional functionality will also allow for:

• Resource tracking - this feature allows IMTs to track appliance movements whilst on a dispatch talkgroup
• Trunk RMR network site name display – shown when the PPT is pressed

End User Observation Reports

RRDS team members have performed extensive field testing of the regional radio dispatch service and, in collaboration with members, conducted confidence trials across the state.

We are currently in the warranty phase, and members are reminded to inform us of unexpected coverage issues through the use of the end-user observation reports (Docs, Forms, Manuals > Fire & Emergencies > Communications > Regional Radio Dispatch Service). These observation reports are an important tool for capturing feedback relating to black spots, echoes or delays in transmission, difficulties receiving or transmitting to ESTA VicFire and/or other appliances and any other coverage issues.

End-user observation forms are currently available for download on CFA online, via a link from the communications page. Instructions on where to send the form are available on the bottom of the form.

The RRDS team is developing an online version of the observation report. Members will receive communication once this has been finalised.

RRDS Support Material

To assist with maintaining the learning from RRDS, we have provided each brigade with the following:

• Complete Learning Package & Materials DVD

A DVD containing all materials of the Regional Radio Dispatch Service’s learning program. Brigades may have already received some of this material as part of their RRDS trainer kit however this disc contains the full catalogue of the learning package to assist with ongoing training and skills maintenance.

• CFA District Dispatch Talkgroups/Channels Map

The map and associated table below ensure all brigades and members will have access to one complete visual list of digital talkgroups, as well as current and previous analogue channels for each district.

Download maps RRDS-1 and RRDS-2 below

• Dispatch Radio Procedures Sticker (download RRDS-3 below)

The dispatch radio procedures sticker is designed to be applied to the dashboard of brigade appliances, support vehicles, big fills and FCVs. This is to replace the current “wordback table” sticker.

The blue “radio information” sticker is designed to provide radio operators with talkgroup and local command channel information as found in your current local “comms” plan.

See below to download CFA's update on the Latrobe Valley Open Cut fires

CFA Chief Officer Euan Ferguson is asking all CFA members to update their contact details before the fire season.

Euan has asked every Captain, Group Officer and Secretary to remind their members.

See his blog on the CFA website for details;

http://news.cfa.vic.gov.au/blog/Update-your-details-before-the-fire-season.html

Members can update their contact details via Brigades Online (cfaonline.cfa.vic.gov.au), by phoning 1800 62 88 44 or emailing This email address is being protected from spambots. You need JavaScript enabled to view it..

Update: 12 August 2013 - This update will assist VFBV delegates in having this discussion with local MPs and encouraging discussion amongst our broader volunteer network.

Sadly, Victoria is still lagging behind other states on presumptive legislation to provide a fairer and simpler path to compensation for volunteer and career firefighters who contract cancer.

The Victorian Government has indicated it is awaiting the results of new Monash University research, when even the researchers have indicated the wait is unnecessary (see below for what they had to say).

In the meantime, you may have seen a recent media report that Government estimates obtained in a Freedom of Information (FOI) application suggest an annual claims cost to CFA of $130 million if the legislation is passed.

VFBV finds that figure difficult to believe, given that evidence accepted by a Senate inquiry considering the federal legislation showed there has not been a rush of claims when overseas governments passed similar laws.

Whether you believe those estimated figures or not, fair protection for firefighters shouldn't be made impossibly hard just to save the Government money.

If the cost really is that high it is because the problem is real and the cost is being borne by sick firefighters and their families.  If that is the case, then it is not reasonable to leave them facing that cost if they contract cancer while protecting community. 

Progress in other states

Tasmania: The Tasmanian Labor Government has introduced draft legislation into Parliament, although the Bill is, in our opinion, quite flawed in that it requires arbitrary numbers of turnouts before a firefighter can qualify for coverage.  The Bill is set to come up in the Tasmanian Lower House in August and expected to pass with the support of Labor and the Greens – the Liberals have not yet stated their position.  The process may be more complicated in the Tasmanian Upper House, which has a significant number of independent MPs.  See the Tasmanian Government’s announcement here.

South Australia: Having initially refused to support a Bill introduced by the Greens on the basis that it was awaiting the results of new research by Monash University, the SA Labor Government has now introduced its own Bill.  The SA Government’s Bill excludes volunteers, with the SA Government saying it is awaiting additional scientific studies before considering them.  You can download the SA Government’s media release below.

Western Australia: The West Australian Liberal National Government has announced it will  introduce presumptive legislation to cover volunteer and career firefighters, based on the Federal Government legislation as is being sought by VFBV, and verbally advised WA volunteer representatives that it will apply from 1 July 2013.  See the WA Government’s announcement here.

Victoria lags behind

It is disappointing that the Victorian Government has not yet declared its support, even though draft legislation has been presented to our Upper House by the Greens, with the in-principle support of Labor.

The Victorian Government has indicated it is awaiting the result of new Monash University research, even though the Australian Senate has already accepted a considerable weight of overseas research, the Australian Parliament passed legislation in 2011 with the support of all of the major parties, and even the Monash University researchers say sufficient evidence already exists.

In a letter to the Greens, researchers Associate Professor Deborah Glass and Professor Malcolm Sim said; 

“…there is already good evidence from a very large number of previous human studies that work as a firefighter is associated with an increased risk of several types cancer…  …waiting for more research findings, especially in this situation where the results of many cancer studies in firefighters are already available, will lead to unacceptable delays, possibly extending into years. “

In the meantime, the Victorian draft legislation will return to the Upper House of Parliament on Wednesday 21 August 2013, with no guarantee it can proceed.  From a VFBV viewpoint the issue shouldn’t be delayed, no matter the outcome on 21 August.  If the Bill can be introduced in the Upper House then volunteers will be looking to the other political parties to support it – if the Bill can only be introduced in the Lower House, then it is up to the major parties to either introduce or support presumptive legislation there.

VFBV has worked to secure the support of all of the major parties for this important initiative, reflecting the all-party support the Federal legislation received in the Australian Parliament in 2011.

VFBV and the United Firefighters’ Union are running a joint campaign for presumptive cancer legislation to apply to all Victorian volunteer and career firefighters.  This issue is fundamental for all firefighters.

What you can do

We call on VFBV delegates across Victoria to contact their local MPs and ask for their active support for presumptive legislation to make the path to cancer compensation simpler and fairer for all Victorian firefighters.  We are asking all Victorian MPs to take up the issue – those who don’t support presumptive legislation should be able to tell you why they do not.

If an MP does not support presumptive legislation, VFBV delegates should ask for their feedback on the issue.  VFBV will inform our membership of the progress on this issue, including making a summary of feedback from MPs available on the VFBV website.

VFBV has prepared a detailed briefing that local delegates can hand to MPs when meeting with them.

VFBV is also working to inform the Premier, Minister and other key MPs, publicising the issue via the media, writing to all State MPs and keeping volunteers informed via our website, the VFBV newsletter, The Fireman and regular updates to VFBV State Councillors and District officials.

The next appearance in the Victorian Parliament

Volunteers can attend State Parliament on the afternoon of Wednesday, 21 August 2013, to hear the debate when the Greens’ proposed Bill returns to the Upper House during the afternoon.  VFBV is not organising an official event, but any presence of volunteers in the public gallery will emphasise the importance of the Bill.