Fair Work Commission criticises part-time work restrictions in controversial MFB workplace deal

The United Firefighters Union’s bid to control whether MFB staff are allowed to work part-time has been lashed by the independent workplace umpire.

The United Firefighters Union’s bid to control whether MFB staff are allowed to work part-time has been lashed by the independent workplace umpire.

Fair Work Commission deputy president Val Gostencnik has decided he cannot approve a new workplace agreement for firefighters because of the restrictions it places on staff seeking flexible work.

He said there was “no rational basis” for the UFU needing written requests from staff wanting to work part-time, adding it was “frankly abhorrent” that MFB employees would have to tell the union they were experiencing family violence and needed flexible hours.

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But in a reprieve for the MFB and the UFU, Mr Gostencnik said the agreement — which has caused years of industrial fighting and political chaos — could be ticked off if “undertakings” were made to ease his concerns.

The deal had been challenged by the federal government and the Victorian Equal Opportunity and Human Rights Commission, which argued it discriminated against women, parents and carers.

Mr Gostencnik dismissed these arguments but said he was hamstrung by a Federal Court decision on the meaning of discrimination, and would have declared parts of the deal to be discriminatory “were I free to conclude otherwise”.

In his decision, published on Tuesday, Mr Gostencnik said parts of the deal did not meet national employment standards.

He said some clauses relating to part-time work were “plainly inaccurate” and paid “mere lip service” to the rights of MFB employees, and declared the agreement established “not insignificant barriers” to flexible working arrangements.

The federal government has the option of appealing the decision in the Federal Court.

Industrial Relations Minister Kelly O’Dwyer said she was “carefully considering the decision and will take advice on options moving forward”.

Industrial Relations Minister Kelly O'Dwyer. Picture: Lukas Coch/AAP

“The commission agreed that the agreement impedes employees’ right to request flexible working arrangements and refused to approve it, but has given the MFB an opportunity to provide undertakings to address this concern,” Ms O’Dwyer said.

An MFB spokeswoman said the brigade would now consider the undertakings requested by the commission, which must be filed within three weeks.

In a statement to its members, the United Firefighters Union said its legal team was reviewing the decision, which comes more than five years after the MFB’s current industrial agreement expired.

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