CFA dispute deal risks our volunteers’ future: Jack Rush QC
THE Country Fire Authority Act states the CFA is “first and foremost a volunteer organisation”. We have lost outstanding people who took this responsibility seriously, writes Jack Rush QC.
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THERE was a particular moment in the 2009 bushfires royal commission that impacted every person that was present to hear the compelling evidence.
The witness was the captain of the Arthurs Creek CFA brigade, David McGahy.
His volunteer members, like so many others, had experienced the worst of the Black Saturday fires and the following days of devastation.
“I never cease to be amazed to this day at the absolute bravery and professionalism of the men and women of my brigade,’’ he said.
“There were people in charge of trucks that had no idea — they were from Strathewen — whether their houses were there, they had no idea if their families were alive, and they continued to do what was requested of them.
“They stayed on the line and helped other people. My admiration for the bravery, as I said, of the members of my brigade knows no bounds.”
The comments describe the commitment, dedication and sacrifice of volunteer brigades across the state — of the 60,000 men and women who year after year are called upon to make such sacrifices to their communities.
Service of this nature brings a special camaraderie and pride. For so many the CFA “is like family”.
And in country Victoria the local CFA brigade is often the heart of the community, the primary reason for bringing family, friends and neighbours together. I would have thought this culture, the volunteer ethic, is worth protecting and nurturing.
On a practical note, the royal commission report estimated, in 2010, that CFA volunteers contributed at least $840 million to the Victorian community.
That number, in 2016, would equate to a sum well in excess of $1 billion; the reality is, I think, the contribution is very much more.
The CFA also has, by comparison with the number of volunteers, a small number — around 800 — career firefighters who support volunteers across the state and work with volunteers in approximately 30 integrated fire stations.
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My experience through the royal commission was that career firefighters without exception had the utmost respect for the volunteers.
They supported the volunteers and the key elements that make the CFA a highly effective firefighting organisation: rapid response, surge capacity, local knowledge. All matters that are entirely dependent on volunteers.
As the Country Fire Authority Act states, the CFA is “first and foremost a volunteer organisation” (CFA Act Section 6F).
Why has this state lost a brave emergency services minister? Why has the board of the CFA been sacked?
Why has an outstanding CEO of the CFA resigned?
All this has happened because these people took their responsibilities under the CFA Act seriously.
The Act states “that the Authority has a responsibility to develop policy and organisational arrangements that encourage, maintain and strengthen the capacity of volunteer officers and members to provide the Authority’s services” (CFA Act Section 6I).
The enterprise bargaining agreement, central to the sackings, is contrary to the CFA Act.
It provides unprecedented powers within the CFA to the United Firefighters Union.
The EBA undermines the role and independence of volunteers.
Those sacked or resigning had no choice but to oppose the EBA.
Premier (Daniel) Andrews states there will be no delivery of cultural change, reform or improvement while this “spiteful” EBA dispute continues.
On my analysis there has been nothing spiteful from the volunteers.
They do not oppose the wages or conditions of firefighters. They do, strongly, oppose UFU vetoes and control over the CFA.
Yes, the EBA will deliver massive “cultural reform”.
It is the powers of veto ceded to the UFU under the EBA that will change the CFA.
What minister Jane Garrett described as “outrageous” are still the same UFU demands.
There is nothing that has changed: the impact of the EBA on CFA management and control and the ethic of volunteerism remains “outrageous”.
There are issues of change concerning the CFA that should be considered, but forcing through the EBA has nothing to do with genuine change. In fact the EBA will make that process even more difficult.
The government-imposed remedy is to hand-pick five new members for the CFA board. The apparent criteria for membership of the new board is an indication to the minister that the EBA will be passed by board resolution.
The four volunteer representatives on the CFA board have not been appointed. It is an egregious way to resolve a dispute.
How the new board could sign on to this EBA when the board is required to “maintain and strengthen the capacity of volunteer officers and members to provide the Authority’s services” is bewildering to say the least.
So what will be the Andrews Government’s legacy to the CFA?
Apart from a massive decline in the morale of volunteers across the state, the Andrews Government legacy will be to seriously weaken the ethos, independence and ultimately the integrity of one of the great volunteer organisations in the history of Victoria.
Thus, ultimately, the capacity and effectiveness of the CFA as the nation’s pre-eminent firefighting organisation is severely reduced at great cost to our state.
This sorry saga demands a government rethink before it is too late.
Jack Rush, QC, was senior counsel assisting the bushfires royal commission and is a former judge of the Supreme Court of Victoria
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