United Firefighters Union wins bid to block release of bullying, sexual harassment report

THE United Firefighters Union has won a legal bid to block the release of a sweeping investigation into sexual harassment and bullying in the state’s fire services.

VICTORIA’S human rights commissioner says it is a “real blow” that the stories of bullying and harassment victims in the MFB and CFA will not be heard.

Kristen Hilton said she was “surprised and extremely disappointed” by the Court of Appeal’s decision to uphold the United Firefighters Union’s challenge to the legitimacy of Victorian Equal Opportunity and Human Rights Commission’s sweeping investigation.

“Thousands of people participated in the process and it is a real blow that these stories will not be heard,” she said in a statement.

“While I cannot comment on the report, in my current role as Chair of the Male Champions of Change for Fire and Emergency Services I know that sexism, discrimination and inequity are real problems and continue to cause harm in fire services across the country. Victoria is no exception.”

The Court of Appeal this morning, in a 2-1 decision, upheld the union’s effort to stop the report being made public.

The Andrews Government asked VEOHRC in December 2015 to investigate the culture of Victoria’s fire services and issues of sexual harassment, discrimination and bullying.

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The UFU took Supreme Court action in June last year to prevent the publication of the final report, arguing VEOHRC’s investigation had gone beyond its statutory powers.

The union’s effort was struck down in December but it then took its case to the Court of Appeal.

Some of the participants in the review grew increasingly agitated by the ongoing delays and the commission had offered them counselling and support.

VEOHRC produced a similar report on cultural issues within Victoria Police, which was supported by the Police Association and has since sparked widespread reforms.

But UFU boss Peter Marshall repeatedly urged his members not to cooperate with VEOHRC’s wide-ranging probe.

He told ABC radio this morning that the union had been “vindicated by the courts”.

“We’ve always said, on advice, that the report or the commissioning of the report was not properly constituted in accordance with the legislative powers of VEOHRC,” he said.

“The courts found in our favour that the wrong section of the Act was actually relied upon to commission the report - that is my understanding.”

Mr Marshall said the union also had “real concerns” that the review included a survey that, although designed for firefighters, may have attracted responses from people outside the services.

“That is fundamentally wrong,” he said.

“At the end of the day, we’ve been vindicated in the courts.”

Mr Marshall is planning to release his own report — penned by a University of Newcastle social science academic — later today.

“We do take these issues very seriously,” he told ABC.

“We have been working with the MFB and CFA to put in place more contemporary measures to ensure workplace safety is paramount.

“That has been done very quietly behind the scenes.”

Opposition emergency services spokesman Brad Battin said the government and the UFU had been “covering this up” for too long.

“If the Premier was fair-dinkum about stopping workplace bullying and harassment he would tell Peter Marshall to stop the cover up,” he said.

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