CFA dispute: James Merlino ordered to turn out documents related to new board appointments

DEPUTY Premier James Merlino has been ordered to turn out documents relating to the controversial appointment of the new CFA board members in a court showdown.

• Merlino backs MFB leadership after it refused to fold to union
• CFA EBA was ‘destructive and divisive’: Lucinda Nolan
• Premier will be absent for CFA trial

DEPUTY Premier James Merlino has been ordered to turn out documents relating to the controversial appointment of the new CFA board members in a court showdown over the proposed new pay deal.
Lawyers acting for Victoria’s volunteer firefighters have subpoenaed the Emergency Services Minister to produce letters and any correspondence shedding light on the contentious promotion of Premier Daniel Andrews’ hand-picked board.

Greg Smith AM, Dr Gillian Sparkes, Pam White, Michelle McLean and Simon Weir were installed following the sensational sacking of the previous board after it refused to endorse the terms of the enterprise bargaining agreement.

Emergency Services Minister James Merlino. Picture: Andrew Tauber

It comes as Mr Merlino backed the MFB board and its senior leadership after they said parts of their current EBA were “unworkable” and that the United Firefighters Union’s new demands were “a recipe for disaster”.

Mr Merlino said there had been a “toxic relationship” between MFB management and firefighters but “it can’t be just resolved through the words on a document in an agreement”.

“It’s currently before the Fair Work Commission and that’s the appropriate venue for these concerns, these negotiations to take place,” Mr Merlino said.

Opposition Leader Matthew Guy said he believed “the odds are against the MFB executive’s survival” after Mr Merlino sacked the CFA board for refusing to sign its EBA over similar concerns.

“I don’t think anyone believes a word Daniel Andrews or James Merlino says,” Mr Guy said.

“How could you then take James Merlino’s offer of support as anything else but what it is — probably the precursor to a ‘don’t come Monday’ letter.”

The Supreme Court case will see the new CFA board members be compelled to reveal any communication about the conditions of their selection.

CFA chief executive Frances Diver and chief officer Steve Warrington must also lay bare any correspondence about their ascension following the resignations of both Lucinda Nolan and Joe Buffone.

Premier Daniel Andrews. Picture: Sarah Matray

Both Ms Nolan and Mr Buffone, along with former Emergency Services Minister Jane Garrett, are set to give evidence during a Supreme Court trial over the legality of the proposed pay deal.

The CFA has undertaken not to take the EBA to a vote until the hearing, which begins September 22.

Government departments of Justice, Treasury and Finance, and Premier and Cabinet have also been subpoenaed.

According to Supreme Court documents, Volunteer Fire Brigades Victoria is demanding material on government and ministerial directives about the EBA, as well as its potential impact on responding to fire incidents.

It is the volunteers’ view the pay deal flies against their legal protections built into the CFA Act, which the authority denies in legal documents.

The VFBV is also seeking material related to the cost of the proposed agreement.

WHAT EMERGENCY SERVICES MINISTER JAMES MERLINO SAID:

“The MFB board, the CEO, the chief officer, they all have my support.”

WHAT THE HERALD SUN ASKED PREMIER DANIEL ANDREWS:

Mr Higgins said the UFU’s current log of claims is a “recipe for disaster” and the board would not be able to sign it. Do you back the MFB’s stance?

Mr Stacchino said the proposed EBA would give the UFU “an effective veto on all matters the MFB is obliged to consult on”. Do you agree?

Mr Stacchino said parts of the current EBA were “unworkable”. Do you agree?

Mr Higgins said the current agreement created a “model of conflict” and put into question the chief officer’s powers. Is this something you are concerned by?

THE REPLY FROM THE PREMIER’S OFFICE:

“The Premier supports the comments made by the Emergency Services Minister.”

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