Chief’s bombshell: Firestorm hits MFB over union deal
LATEST: MFB boss Jim Higgins has backed chief fire officer Peter Rau’s concerns about union consultation powers in draft workplace agreements.
VIC News
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EMERGENCY services minister James Merlino has called the MFB’s top officer an alarmist, irresponsible and reckless over concerns a long-running union dispute could compromise public safety.
Mr Merlino said he didn’t agree with MFB chief officer Peter Rau’s claims the state’s capacity to fight terror could be compromised over the dispute between firefighting authorities and the union.
“I do not agree with that comment in relation to terrorism,” he told 3AW this morning.
“His comments in regards to terrorism are alarmist, irresponsible and reckless.”
READ NOW: Read the chief’s explosive letter in full (*.pdf)
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Mr Merlino’s comments came after the Herald Sun published a letter Mr Rau had written to the emergency services minister in June flagging his concerns about the union’s power of “veto” over his decisions during extreme weather.
During the heated radio interview, Mr Merlino denied public safety was at risk.
“I don’t agree community safety is being comprised,” he said.
“What I would agree is both the chief fire officer and other key players in this dispute, is that the community and public safety is paramount. And I would agree with that.
“Everyone is united that community safety is a paramount concern and the dispute between CFA and MFB and unions need to be resolved.”
But MFB boss Jim Higgins backed Mr Rau’s concerns about union consultation powers in draft workplace agreements.
Mr Higgins released a statement this afternoon saying there are ongoing discussions between the MFB and government about the EA process, including issues raised by Mr Rau in his letter.
“The MFB is on record throughout the negotiations about its concerns with consultation and agreement provisions in the enterprise agreement,” he said.
“MFB continues to work towards gaining an agreement that will benefit its employees and provide better community safety outcomes.”
United Firefighters Union state secretary Peter Marshall said he disagreed with the version of events put forward by Mr Rau, including about the union lodging disputes in Fair Work on extreme heat days that took senior officers away from other duties.
“Mr Rau has very selectively written certain instances that do not reflect what happened at that time,” he said.
Mr Marshall said it wasn’t “a matter of backing down” to get compromises over the stalled MFB workplace deal, which will head back to the Fair Work Commission next week.
When asked whether Mr Rau would keep his job, Mr Merlino said: “Peter Rau will continue as chief fire officer. These are decisions not for me to make as minister. Those are matters for the employment positions within the MFB and CFA.”
Mr Merlino also denied the UFU had power of veto in its enterprise agreement.
The emergency services minister said there was a poor relationship between the CFA, MFB and the unions representing them.
“They can’t be solved through an EBA and that’s not just me saying that, it’s what (has) come through the Fire Services Review. There is a disconnect between management and the workforce.”
“All parties need to look at themselves. We have a very toxic industrial relations environment. “You can’t solve that through the black and white EBA. You solve that through genuine relationships through management.”
Mr Merlino said the dispute would be resolved before the next fire season.
Mr Rau’s letter, written in June to Mr Merlino who as the new Emergency Services Minister, warns that veto provisions in the proposed CFA agreement will “exacerbate” the failings of the current MFB agreement — which, he warns, are already “unworkable” and undermine community safety.
Mr Rau’s letter also warns that the state’s capacity to fight terror could be compromised.
The revelations will reignite the CFA crisis, which angered 60,000 volunteers, divided the Daniel Andrews Government, derailed Bill Shorten’s election campaign and prompted the departures of former emergency services minister Jane Garrett, the entire CFA board, its CEO, Lucinda Nolan, and CFA chief fire officer Joe Buffone.
In his letter, Mr Rau warns: “I have considered the proposed UFU agreement for the CFA. This proposal would, if applied to the MFB, exacerbate the failings of the current MFB agreement ... Such an arrangement is not compatible with effective and timely decision-making relating to emergency management and public safety.”
Ominously, Mr Rau also says proposed agreements “will serve to inhibit the brigade taking actions which may be critical to the safety of the community and emergency responders” in a terror attack.
“I have over the past two years been privy to briefings related to the ... security and threat environment,” he wrote. “I am also provided with regular security briefings on situations as they evolve and where time is critical …. In these circumstances it will not be possible or desirable to consult with union officials prior to enacting critical decisions.”
The emergence of the letter comes after volunteers told a state parliamentary inquiry yesterday that the draft CFA EBA would undermine firefighting chiefs’ power, potentially putting Victorians at greater risk this fire season.
The inquiry was expected to hear from United Firefighters Union boss Peter Marshall, who pulled out of appearing on Monday, citing sickness, but was spotted at work yesterday.
Mr Rau’s bombshell letter was sent to Mr Merlino on June 30, the day CFA counterpart Mr Buffone quit rather than accept the new CFA deal.
The letter, to which Mr Merlino has not responded, lists complaints about how the UFU has vetoed MFB management decisions in the past few years, including by:
BLOCKING deployment of “new advanced appliances” for two years despite their being needed to support Ambulance Victoria.
OBJECTING to a new arrangement for Mr Rau to contact senior firefighters to “ascertain their availability to assist if required in responding to emergencies on an extreme weather day”.
STOPPING Mr Rau from moving an appliance between Eastern Hill and Sunshine because they said they had not been consulted.
Mr Rau said he had “considered the proposed UFU agreement for the CFA”, which “would, if applied to the MFB, exacerbate the failings of the current MFB agreement”.
The MFB’s Megan Lane said it had not received a written response to Mr Rau’s letter.
The UFU was unavailable for comment.
Kara Douglas, speaking for Mr Merlino, said: “A new MFB enterprise agreement is still in the process of being finalised … the government would like to resolve this matter so the MFB can get on with the job of keeping our community safe.”
12 heads roll as CFA crisis unfolds
Emergency Services Minister Jane Garrett: Forced to resign on June 10, after holding her stance against UFU takeover of CFA. Ms Garrett found herself at odds with Premier after Daniel Andrews moved to support pro-UFU deal in April, sidelining her.
CFA chief Lucinda Nolan: Resigns on June 17 after opposing deal, saying she had “taken every approach possible” to serve the community as her “utmost priority” and uphold the foundation on which the CFA was built.
CFA chief fire officer Joe Buffone: Resigns on June 30, saying his concerns over deal were ignored by government. One major sticking point was requirement that he consult with union before deploying CFA assets and personnel.
Nine-member CFA Board, including John Schurink, Samantha Hunter, John Peberdy and Ross Coyle: Sacked on June 17, after it had formally rejected deal saying it undermined role of volunteers, breached equality laws and had “started the demise of the CFA as it was known”.
Union’s chief calls in sick
No-show at probe on fire readiness
UNITED Firefighters Union boss Peter Marshall was spotted at work yesterday, despite his having skipped a crucial state parliamentary inquiry because of illness.
The inquiry, into Victoria’s preparedness for this year’s fire season, was told at 4.59 on Monday afternoon that Mr Marshall would not be attending yesterday’s hearing.
Yesterday, just after 11am, Mr Marshall’s car was seen parked in a no-standing zone outside UFU headquarters off Brunswick St, Fitzroy.
About that time, volunteer firefighters were telling the inquiry that Victorians could face greater risks this summer if a workplace deal at the Country Fire Authority, proposed by the UFU and backed by the State Government, were rammed through.
About midday Mr Marshall, wearing a blue UFU jumper, emerged from the building and left through a back door.
He returned about an hour later, but drove off when he saw the Herald Sun approach.
Mr Marshall returned to the office in his black Ford Territory a short time later.
Asked what was stopping him from attending the inquiry, Mr Marshall said: “Well, I’ve got a doctor’s certificate, so it’s none of your business.”
At the inquiry, Volunteer Fire Brigades Victoria chief executive Andrew Ford said that if the draft CFA enterprise agreement were adopted, a CFA chief officer would struggle to execute his responsibilities under the law.
This was because of a provision in the agreement that requires the CFA to get union consent before making key operational decisions.
Mr Ford said lives had been lost in past fire seasons and the proposed changes could create the potential for “more life or more property” to be at risk.
“Certainly, the state’s fire system preparedness and response capability could be diminished,” Mr Ford told the inquiry. VFBV executive officer Adam Barnett told the inquiry that the Victorian Bushfires Royal Commission had examined lines of command and “who was in charge” during the 2009 tragedy.
READ NOW: Read the chief chief’s explosive letter in full (*.pdf)
EDITORIAL: Fire EBA row engulfs MFB
VOLUNTEERS: We’re all at risk if deal rammed through — CFA
Mr Barnett said a workplace agreement that diminished the ability for a chief officer to make decisions could see further problems in that area.
Labor MP Harriet Shing interjected repeatedly during Mr Ford’s and Mr Barnett’s evidence to point out the enterprise agreement, which is yet to be formally adopted by a new CFA board, should be referred to as “proposed”.
Ms Shing challenged Mr Ford to explain why he thought consultation about the draft enterprise agreement had been inadequate.
Mr Ford said he did not believe the new board — installed after the previous board was sacked by the government — had had time to contemplate important clauses and discuss them with volunteers and other groups. The crisis over the agreement has claimed the scalps not only of the CFA board but also of former emergency services minister Jane Garrett, former CFA chief executive Lucinda Nolan, and former CFA chief fire officer Joe Buffone.
It is expected the parliamentary committee will recall union representatives to give evidence at a later date.
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