CFA dispute: United Firefighter Union’s 50 powers of veto revealed, exposing full impact of takeover
THE militant United Firefighter Union’s 50 powers of veto over the CFA have been revealed, with the full impact of the takeover exposed. See the list here
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THE militant United Firefighter Union’s 50 powers of veto over the Country Fire Authority have been revealed as enraged volunteers confronted Premier Daniel Andrews in Victoria’s west.
The full impact of a UFU takeover — being pushed by the Premier — is exposed in a CFA analysis of the 405-page enterprise bargaining agreement, obtained by the Herald Sun.
Under the deal, the union must have final say over the choice of all equipment bought by the CFA, including clothes, torches and tyres for trucks, while all new CFA employees must undertake a UFU course.
In other ammendments under the deal, volunteers will be banned from riding on trucks with paid firefighters without union approval.
Victoria’s top country firefighter has since made a public appeal for unity among volunteers and paid crew amid growing tension over the looming deal.
CFA Chief Officer Joe Buffone released a video calling for the members to “respect’’ each other and focus on protecting Victoria.
SCROLL DOWN TO SEE THE FULL 50 POWERS OF VETO
Volunteer Fire Brigades Victoria board member Mick Nunweek yesterday said there was a “mood of disgust” about the looming deal. “The CFA is being dismantled now without consultation with the VFBV,’’ he said.
“Enshrined in legislation — which the Premier and parliament has broken — is the Volunteer Respect Act and the Volunteer Charter, and it says that they must consult with volunteers ... that hasn’t been done.
“We’ve got no argument with the paid firefighters, but we want no union interference in the CFA,’’ Mr Nunweek added.
More than 200 volunteers on 40 fire trucks ambushed Mr Andrews as he held a press conference on renewable energy in Ararat on Wednesday.
Federal Labor MPs have voiced their alarm over Mr Andrews’s move to push the deal through during an election campaign.
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Many early voters interviewed at booths in two Victorian marginal seats said their decision had been influenced by the issue.
A senior CFA source said its EBA analysis showed veto provisions would neuter the chief officer of the CFA.
“This document gives the UFU all power but no responsibility for the crucial operational decisions of the authority,” the source said.
The CFA declined to discuss the summary document of the proposed EBA.
Wally Spinks, an early voter in the marginal seat of McEwen, said: “The CFA has been working well for years. He’s (Daniel Andrews) becoming a bit of a dictator. People power will come into play very quickly.’’
In the bid to ease tensions in Ararat, Mr Andrews met with two brigade chiefs privately. Later, he defended his decision to move ahead with the deal, but again he would not affirm his confidence in CFA boss Lucinda Nolan. “I will leave the political games and the lies and the nonsense frankly to others,’’ Mr Andrews said. “What I’m focused on is putting this spiteful dispute behind us, beginning the healing process and putting in the new board with a new direction and delivering in the areas that matter most to CFA volunteers, career staff and the communities that they so brilliantly serve.’’
The CFA board was told it would be sacked last week after refusing to accept the agreement.
The Governor of Victoria must approve the dismissal, but Linda Dessau, a patron of the CFA, does not return to Australia from an official trip to China until June 18
UFU boss Peter Marshall on Wednesday again refused to answer questions on the dispute.
MORE:
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EDITORIAL: BULLIES WILL NOT PROSPER
DAN’S 50 UNION VETOES OVER THE CFA
11.29
Personnel co-ordinating fire-related triple 0 calls can only undertake courses the UFU has agreed to.
12.13
New posts in CFA operational ranks can be created only with agreement of the UFU.
15.1 & 16.1
Changes to structure and roles in the brigade administrative and volunteer support services must be agreed by the UFU. This is despite the fact these staff are typically represented by other unions.
31.2
The UFU must agree to changes arising out of the bushfire royal commission report for employees covered by agreement and/or relationship between the CFA and UFU.
42.1
All CFA policies affecting employees can be made or varied only with UFU agreement. This includes policies affecting employees and volunteers, not just firefighters.
45.3
CFA can make changes to staffing and seniority of roles for any stations/trucks only with UFU agreement — and only for a period of seven days before needing to be agreed again.
45.15
Firefighters cannot move between specific types of trucks during a shift unless agreed by the UFU.
45.21.3
Staffing charts specify which staff are at each station and the commencement dates for those charts can be changed only by UFU agreement or disputes panel.
47.4
Schedule 2
Extra relief staff, including to backfill firefighters during annual leave, can be allocated to specific districts and stations only with UFU agreement. Changes to relief ratios must be agreed by the UFU.
49.3.1 & 49.4.3, 49.3.9
Schedule 16
Schedule 17
Secondment training will be offered to CFA and MFB career firefighters each year. No other firefighters can be included unless the UFU agrees. Terms, extensions and terminations must be signed off by the UFU. It means highly experienced senior interstate firefighters cannot be seconded into the CFA without UFU agreement, but also that those not carrying those jobs appropriately can be terminated only with UFU tick-off.
49.6.4 b & d
While the CFA can seek external applications for firefighter posts, the applicant must have done a recognised recruit course agreed by the UFU and complete a course to ensure they possess specific skills determined by the UFU.
49.7.3
If within 12 months of starting with the CFA, an employee came from an organisation other than the CFA or MFB, they can only have their skills and rank recognised by the UFU, in every individual case.
51.3 & 51.6.5a & 147.1, 183.3
The CFA cannot employ operational staff on a part-time or casual basis unless the UFU agrees. This applies to every employee, regardless of whether or not they are a UFU member. Where part-time is agreed by the UFU, work hours also need to be agreed by the union.
59.1
An income protection for CFA employees is to be agreed by the UFU and implemented from July 2017. This is a significant entitlement and a huge cost to the organisation.
62.5
This clause establishes a disputes panel. If the chairperson of the panel vacates their position, the UFU must agree on a replacement.
68.4
The health-screening provider must be agreed by the UFU.
69.3
Only firefighters can be appointed as “fitness leaders” (responsible for taking fitness classes at work locations).
76.2
Although the CFA has legislative obligations under the Occupational Health and Safety Act, it can make changes to its OHS agreement only if the UFU agrees.
77.2.1
An employee may be transferred to another position or have their duties varied for health reasons only with UFU agreement. This could result in employees’ health information needing to be disclosed to the UFU even if the employee is not a union member or does not want it disclosed to the UFU.
80.1 & 2
The UFU must agree to transition-to-retirement arrangements and they cannot be arbitrated by the Fair Work Commission.
90.4, 90.7 & 90.10
Clothing, equipment, technology, station wear and appliances must be signed off by the UFU. This could include a torch or operational equipment such a replacement fire truck tyre. It means the UFU has control over government procurement processes, contradicting governance and probity standards expected of a state agency. This veto has been slammed by former County Court judge Gordon Lewis.
94.6
Changes to amenities (including facilities for meals, refreshments, recreation, rest and recline) or access to communications must be agreed by the UFU. This could include the need for a new tap in a kitchen.
95.7.4 & 95.4
The infrastructure agreement outlines station design can be changed or ceased only if UFU agrees. UFU agreement is also required where the CFA modifies existing work locations/stations to conform with the infrastructure agreement.
99.15.4a
Employees covered by the agreement must not be contacted while on leave unless the UFU agrees.
99.18.3
Changes to work locations for staff must be agreed by the UFU.
143.1
Special duties roster can only be introduced with UFU agreement.
147a
Development of traineeships for disadvantaged youth must be agreed to by the UFU.
152.3
All crews established for long-distance deployments must have a minimum crew of four. The officer in charge must report to a strike team or taskforce leader with a minimum rank of commander unless the UFU agrees otherwise. This rank is very senior and highly paid.
162.1.4b
Training and assessment shall be undertaken only by internally appointed CFA or MFB instructors, unless by agreement with the UFU.
162.7.15
A reporting process that monitors the safe return of instructors who are working late at night must be agreed with the UFU within three months of agreement being signed.
166.3, 166.12.1, 166.4
Special roster hours must be agreed by the UFU, with no other roster or positions in place without UFU agreement.
172.5.3 & 176.2
No commander positions which provide relief to staff during peak periods can be introduced until there has been agreement with the UFU on the details of the post, including location, ratios of commander relievers to commanders and operations managers and workload.
Schedule 20
Uniforms/workwear for all CFA operational staff must be agreed by the UFU.
OTHER CLAUSES OF INTEREST NOT IN VETOES
Clause 222
Fire service communication controllers on night shift can sleep on the job if there is no operational work to be done.
Clause 41.1
The CFA will hand over full access of its email system and database to the UFU, and the UFU will have unrestricted use of it. The CFA will not be allowed to monitor or see what the UFU sends.
Clause 36.4
Unless an incident is a level-three, multi-agency incident, paid operational staff will report only to other paid operational staff. This will mean that on a job where experienced volunteers (some with decades of firefighting experience) are running an incident, they will no longer be able to continue running that incident as soon as a paid firefighter gets to the job. This will result in a loss of morale for volunteers and with fires sometimes being controlled by less experienced firefighters.
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