United Firefighters Union launches legal action against Minister

The firefighters union’s bitter feud with the Andrews government has hit boiling point, with legal action launched against the Emergency Services Minister.

UFU boss Peter Marshall said Symes had done ‘everything she can’ to deny firefighters the recognition they deserve. Aaron Francis

The state’s powerful firefighters union has launched legal action against emergency services Minister Jaclyn Symes, marking an incredible escalation of its bitter feud with the Andrews government just over a week out from election day.

The United Firefighters Union this year lobbied to create a new fire registration board that would have complete control over who Fire Rescue Victoria can employ as an operational member.

Under the plan, FRV would have to pay an annual fee of $180 to register every firefighter. Now the Herald Sun can reveal the UFU has begun proceedings in the Federal Court of Australia against Ms Symes, who is also Attorney-General, alleging she “coerced” FRV to not take part in the scheme.

According to a Government Gazette notice published last month, Ms Symes directed FRV not to enter into the agreement with the union-controlled Victorian Professional Career Firefighters Registration Board Limited.

Court documents from the UFU, lodged with the court and seen by the Herald Sun, allege the proceedings that Ms Symes took were not authorised by the FRV Act and were therefore “unlawful”.

The UFU has launched legal action against Emergency Services Minister Jaclyn Symes. Picture: Nicki Connolly

The union argued that Ms Symes interfered while the matter was still being arbitrated by the Fair Work Commission and that this had the “potential effect of undermining the commission’s process”.

“By delivering the Minister’s direction to FRV … the Minister took action against FRV with intent to coerce FRV not to exercise its workplace right to participate in the arbitration or, alternatively, to exercise its workplace right to participate in the arbitration in a particular way,” the court documents state.

It also alleged in the proceedings that Ms Symes’ conduct constituted “unlawful coercion” which, it said, was in breach of section 343 of the Fair Work Act.

Section 343 states: “A person must not organise or take, or threaten to organise or take, any action against another person with intent to coerce the other person, or a third person, to exercise or not exercise, or propose to exercise or not exercise, a workplace right.”

The union said both Ms Symes and the state should be fined up to $33,000 and up to $165,000, respectively.

In a statement to the Herald Sun, the UFU’s Victorian branch secretary, Peter Marshall, accused Ms Symes of having acted against the interests of professional firefighters. “Despite the UFU and FRV being close to an agreement in arbitration before the Fair Work Commission on the establishment of the Registration Board, the Minister chose to direct FRV not to sign up to the registration scheme,” he said.

“The UFU’s Federal Court application maintains that under FRV legislation, this is a power she does not have and, as such, the Minister’s actions are unlawful.”

Mr Marshall said the creation of the Victorian Professional Career Firefighters Registration Board was “so important” in providing professional firefighters with the recognition they deserve.

He said Ms Symes’ opposition to the board was “yet another example” of the Andrews government’s failure to support firefighters.

“It’s extremely disappointing that instead of backing professional firefighters, the Minister for Emergency Services is doing everything she can to deny them the recognition they deserve,” he said.

No date has been fixed by the Federal Court for the hearing of the application.

A Victorian government spokesman said: “We support the establishment of an appropriate scheme for firefighter registration in Victoria as part of our vital reforms to fire services. As the matter is before the courts it would be inappropriate to comment further.”