Victorian fireys seek new negotiation rights in pay dispute

A long-running pay dispute between the Victorian fire agency and the firefighters union has been delayed after Labor’s controversial industrial relation law changes.

Delays have hit the long-running pay dispute between the Victorian fire agency and the powerful firefighters union, following Labor’s controversial industrial relation law changes in federal parliament earlier this month.

The United Firefighters Union has sought an urgent adjournment from the Fair Work Commission (FWC) after the Closing Loopholes Bill — with contentious amendments by the Greens — passed earlier this month.

It comes as a decision on the UFU’s long-running pay dispute with Fire Rescue Victoria was due to be handed down on December 14, but will now be delayed for at last two weeks as the parties scramble to assess the impact of the new laws.

According to documents tendered in the commission two key amendments will be looked at, including a clause that the commission cannot leave employees worse off than they are under an existing enterprise agreement during arbitration.

Sources say UFU boss Peter Marshall has been heavily lobbying for changes. Picture: Valeriu Campan

Sources have told the Herald Sun UFU boss Peter Marshall has been heavily lobbying for these changes in particular, since the ongoing pay dispute was listed for arbitration when negotiations broke down in August.

Sources say he has been making regular visits to Canberra in recent months to push for the changes, including meetings with the Greens, concerned that FWC judges may strike out claims made in previous agreements such as the controversial veto and consultation powers.

The Closing Loopholes Bill, put forward by Workplace Relations Minister Tony Burke, was passed earlier this month with the Greens support, despite employers warning the changes were bad for business and gave unions too much power.

In January, Victorian Treasurer Tim Pallas also raised concern.

He wrote to Mr Burke seeking an urgent meeting warning unions would seek to be no worse off on “a clause by clause basis”, giving them nothing to lose and unprecedented power when bargaining.

After the latest development a state government spokesman said it was “inappropriate” to comment on the matter as it was before the commission.

An FRV spokesman confirmed that the agency “is actively reviewing the implications”.

“However, no matter the impact of those changes, our objective continues to be reaching an acceptable outcome for the benefit of FRV, our workforce and Victorian communities.”

When asked about the case, Workplace Relations Minister Tony Burke said: “Parliament made a clear decision that we’re wanting workers to go forwards in enterprise agreements, not backwards”.

Victorian Treasurer Tim Pallas raised concerns in January. Picture: Luis Enrique Ascui

Federal opposition workplace relations spokeswoman Senator Michaelia Cash said:

“The intractable bargaining provisions undermine the concepts that underpin bargaining.

“This is one of the worst elements of this anti-business legislation.”

The Herald Sun has previously reported that both unions and employers have been watching the firefighter case closely to see whether the outcome will favour one party.

It is widely considered a test case that will guide unions and businesses on how to negotiate EBA agreements in the future.

The outcome could also have huge impacts for the Victorian government if the commission awards a pay increase above the state’s wage policy of 3.5 per cent.

The case became the first intractable bargaining matter to proceed to arbitration in the FWC after nine months of negotiations.

It came after Victorian firefighters turned down a “mega deal offer” that included a whopping 12 per cent pay increase over four years and thousands of dollars in cash bonuses in August.

The UFU could not be contacted for comment.