Anti-corruption watchdog in secret probe into fire services pay dispute

Victoria’s anti-corruption watchdog is secretly investigating Victoria’s fire services in a bombshell probe that includes the relationship between the Labor Government and the United Firefighters Union.

IBAC is investigating the long-running fire services pay dispute.

EXCLUSIVE: The Herald Sun can reveal the Independent Broad-based Anti-corruption Commission is probing the long-running dispute that has engulfed the Country Fire Authority and the Metropolitan Fire Brigade over pay and conditions.

IBAC is reviewing events spanning from 2014, when the CFA scandal erupted as the UFU, led by its chief Peter Marshall, flexed its muscle in a bid to get the government to agree to more favourable EBA conditions and more union authority over volunteers.

In response to detailed questions from the Herald Sun over the probe, an IBAC spokesperson said today: “For legal and operational reasons, IBAC is unable to comment.”

Under the IBAC Act, once an investigation is commenced, the watchdog has a full suite of powers available to it including surveillance, phone taps, secret hearings and the power to seize documents.

The CFA pay dispute began more than 5 years ago. Picture: Mark Stewart

It is also an offence to disclose that you have been called before a secret IBAC hearing. Those people called before hearings must answer questions truthfully or face criminal charges.

Among the politicians who played important roles in the dispute were Premier Daniel Andrews, Deputy Premier James Merlino, Treasurer Tim Pallas and former emergency services minister Jane Garrett.

Ms Garrett quit Cabinet when she refused to endorse a CFA EBA over concerns it was too expensive and handed to much power to the UFU and Mr Marshall.

Of central importance to the IBAC investigation are claims made by Mr Marshall on ABC radio in April last year that he had a secret deal with the government, when he also refused to rule out having a recording of the Premier.

Peter Marshall from the United Firefighters Union. Picture: Nicole Garmston

Victorian Premier Daniel Andrews. Picture: AAP

Former Victorian Emergency Services Minister Jane Garrett. Picture: David Caird

Mr Andrews denied that there was a secret deal, saying the government’s 2014 election commitments on the fire services were “public and well known”.

Months later, Mr Marshall surprised Liberal MPs when he sent them a statutory declaration in which he claimed that he did not have any such recording.

Shadow Attorney-General Edward O’Donohue welcomed the IBAC probe, saying the Coalition had “deep suspicions” about the relationship between the UFU and the government over several years.

“There are many questions that need to be answered about the relationship between Daniel Andrews, Peter Marshall and the United Firefighters Union,” he said.

“I look forward to the IBAC getting to the bottom of those issues and answering those questions.”

Mr O’Donohue said it would be up to IBAC to decide if it held public hearings as part of the probe, but said the Coalition would “welcome a transparent process because we believe it’s in the interests of the Victorian community”.

Mr O’Donohue said that, if Labor MPs were required to cooperate with the investigation, he hoped they would not “repeat their disgraceful behaviour” in Victoria Police’s probe of the “red shirts” rort, where government members refused to cooperate with interview requests.

Government minister Lily D’Ambrosio refused to comment at a press conference this afternoon, saying: “I’m not across any of the details of that investigation.”

MFB chief’s resignation just one of many

The fire services saga has dogged the Premier for several years, with the last controversy being the recent resignation of MFB chief Dan Stephens just one year into a five-year term.

It was the appointment of Mr Stephens that led to Mr Marshall’s outburst on ABC radio, and the pair had a difficult relationship during Mr Stephens’ time in charge.

Mr Stephens joins a long list of senior emergency service chiefs who have been sacked or resigned after falling out with Mr Marshall.

In June 2016, Mr Andrews declared that the CFA stoush “needed to be fixed and I fixed it”.

But the fire services agencies have continued to be dogged by the departures of senior figures and spiralling workplace costs.

CFA chief executive Lucinda Nolan, CFA chief officer Joe Buffone, the CFA board, MFB president Andi Diamond, MFB chief officer Peter Rau, and MFB chief executives Jim Higgins and Russell Eddington are among the leaders to have left during the saga.

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FEDS MAY DERAIL MFB PAY DEAL

IBAC’s powers were boosted when the government expanded the anti-corruption body’s focus after the 2014 state election.

Senior minister Jacinta Allan told state Parliament in 2015 that “concerns have been raised by IBAC and stakeholders that IBAC’s corrupt conduct jurisdiction is too narrow and its investigative threshold is too high to enable IBAC to investigate corruption in Victoria effectively”.

She said the government’s reforms lowered IBAC’s “investigative threshold”, and created a “catch-all” offence which allowed the watchdog to “investigate corrupt conduct involving the common law offence of misconduct in public office”.

@tminear