CFA workplace deal: Andrews Government now faces protracted legal battle from volunteers

LATEST: Today looms as D-Day for the Country Fire Authority as its new board prepares to sign off on a controversial new workplace deal for firefighters.

 

TODAY looms as D-Day for the Country Fire Authority as its new board prepares to sign off on a controversial new workplace deal for firefighters.

But whatever the outcome, the Andrews Government faces a protracted court battle over its legality.

The Herald Sun can reveal Victoria’s 60,000-strong volunteer force has launched Supreme Court action to stop the deal being rammed through.

Volunteer Fire Brigades Victoria is arguing the agreement would breach laws governing the CFA and hand crucial power to the United Firefighters Union.

Speculation also continues that Michelle McLean and Pam White, appointed by the government to the nine-person CFA board, are wavering on supporting the deal in its current form.

The Herald Sun understands legal advice that Emergency Services Minister James Merlino cannot direct the board to accept the proposed deal has been circulated.

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Opposition Leader Matthew Guy said regardless of the outcome this afternoon the CFA saga had become a mess.

“It’s a disaster for our volunteers and it’s a disaster of the state governments making,” Mr Guy said.

“It’s beggars belief that the Premier just can’t see he is doing immense damage to our volunteer organisations particularly the CFA. The government could intervene, the government could stop this.

“The CFA issue is not going to go away and it will then go to the MFB.”

Mr Guy urged the CFA Board to be upfront with volunteers if they did pass the agreement this afternoon.

However, he said dragging out the discussions had vindicated former Emergency Services Minister Jane Garrett, who was removed from her post by Premier Daniel Andrews for refusing to back the deal.

The VFBV is seeking an injunction to block CFA employees from voting on any deal containing clauses it claims are illegal, including:

HANDING the union veto rights over staffing and resourcing changes;

STRIPPING volunteers of the power to manage incidents;

REQUIRING seven paid firefighters be dispatched to fires from integrated stations before “commencement of safe firefighting operations”;

RESTRICTING part-time and casual employment;

EXCLUDING volunteers from peer support programs;

GIVING the UFU “unrestricted access” to the CFA email system for its own correspondence with members;

STOPPING the CFA keeping “adverse reports on employees” for more than a year.

The statement of claim argues that the proposed deal is unlawful because it would “impermissibly limit” the CFA’s ability to prevent and suppress fires and protect life and property in rural Victoria.

It said there would be an “impermissible delegation” to the UFU of the powers of the CFA’s chief executive and chief officer, including to manage resources, control brigades and direct firefighters. The Supreme Court had already required the CFA to consult the VFBV on the deal but the volunteer organisation alleged this had now become a “sham”.

The VFBV said that at a meeting on July 8 two CFA board members refused to answer their questions about the proposed deal and told them it was now “government policy”.

The volunteers said they were told by the board members: “The previous board made a decision about the proposed agreement and ‘look what happened to them’.”

Mr Andrews sacked the entire CFA board for refusing to sign the deal. CFA chief executive Lucinda Nolan and chief officer Joe Buffone both quit in disgust.

The VFBV said that after a meeting between Mr Andrews and UFU secretary Peter Marshall the CFA had been subjected to “political pressure” from the State Government.

The VFBV also predicts the proposed agreement would cost taxpayers $650 million, compared with government estimates of $160 million.

It said that if the cost exceeded what the government predicted, there was “a substantial risk” the extra money required would be taken from funding for volunteers.

The volunteer association has also asked the Supreme Court to compel the CFA to produce a declaration which admits it failed to recognise, value and respect volunteers.

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EDITORIAL: Dan’s cred is now in tatters