Workplace Minister Craig Laundy intervenes in dispute over new Metropolitan Fire Brigade workplace agreement
FEDERAL workplace minister Craig Laundy is considering a legal challenge to the new workplace agreement for MFB firefighters, warning parts may be unlawful and discriminatory.
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EXCLUSIVE: The federal government is shaping to send in its lawyers to try to rip up a new workplace agreement for MFB firefighters, warning parts of the deal may be unlawful and discriminatory.
The Herald Sun can reveal Workplace Minister Craig Laundy has requested the Fair Work Commission hold a full-bench hearing to sort through “significant questions” about the agreement between the Metropolitan Fire Brigade and the United Firefighters Union.
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Mr Laundy has also seized on a damning report into bullying and harassment in the fire services, which the UFU is trying to suppress, to call for the public scrutiny of the deal.
The request for a full-bench hearing paves the way for the federal government to send its own lawyers to Fair Work to fight against particular clauses.
In a letter to Fair Work president Iain Ross, Mr Laundy said the 321-page agreement was “large and complex” and included “a number of highly prescriptive clauses”.
“There may be significant questions as to whether the agreement includes unlawful terms, specifically, discriminatory terms and objectionable terms, as well as terms that may be inconsistent with the Fair Work Act or other legislation,” Mr Laundy wrote.
The letter, obtained by the Herald Sun, notes the “strong public-interest considerations” for the agreement to be considered by three Fair Work members rather than one, in a hearing that will likely be conducted in public.
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Mr Laundy also referred Mr Ross to the Victorian Equal Opportunity and Human Rights Commission’s review of cultural issues in the CFA and MFB.
He noted VEOHRC’s Kristen Hilton had said: “Equity and diversity problems within (Victorian) fire services are well documented over the past few years and the case for change is clear.”
Mr Laundy wrote: “While the report has not yet been published, the views of the VEOHRC demonstrate that the agreement should be carefully scrutinised by a full bench to ensure that its terms are lawful and promote cooperative, productive and inclusive workplace relations within the Metropolitan Fire Brigade.”
It comes after the Herald Sun revealed legal advice from industrial relations lawyer Stuart Wood QC said the agreement, which UFU members recently voted to support, “institutionalises discrimination”.
The advice, provided to Victorian Opposition spokesman John Pesutto, said there was a good chance the agreement could be terminated by Fair Work because of the discriminatory clauses and harm to “the public interest”.