Tensions flare as United Firefighters Union trial against Jaclyn Symes begins
Tension between Victoria’s fireys and the Allan government has reached boiling point as a Federal Court trial between the union and Emergency Services Minister Jaclyn Symes kicks off.
Police & Courts
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The legal fight between the state’s powerful firefighters union and Emergency Services Minister Jaclyn Symes heated up on Thursday as the long-awaited Federal Court trial kicked off.
The United Firefighters Union launched legal action against Ms Symes in November 2022, as revealed by the Herald Sun, alleging she “coerced” Fire Rescue Victoria not to enter into an agreement to create a new firefighters registration board.
The UFU had lobbied to create the board in early 2022 – which would be controlled by the militant union – in a bid to recognise firefighter qualifications, like those that exist for other industries and trades.
But concerns were mounting that the registration process would give the UFU control over who can work as a firefighter, with limited transparency and oversight.
Ms Symes flagged in a letter to FRV in August 2022 that the board could fetter the “statutory employment powers” of the FRV and she stated she was not in a position to consent to FRV entering into an agreement of this nature.
One month later, according to a Government Gazette notice, Ms Symes directed FRV – who were negotiating with the UFU in the Fair Work Commission – not to enter into the proposed agreement.
Lawyers for the UFU and Ms Symes packed into the Federal Court on Thursday morning to argue their cases over a two-day hearing.
The trial comes as tensions continue to escalate between the UFU and the Allan government as bitter disputes rage over pay and workplace conditions.
Barrister Herman Borenstein KC, for the UFU, told the court its case centred on both the letter to FRV and the ministerial direction.
He alleged that Ms Symes’ conduct was not authorised by FRV legislation and was therefore “unlawful”.
“Is it appropriate or right for the minister to exert her influence and power over FRV in circumstances where she is not authorised to do that?” he asked.
But solicitor-general Rowena Orr KC, for Ms Symes, told the court the emergency services minister’s consent was required whenever FRV wanted to enter into an agreement for the “provision of … services by FRV” or to participate in the “formation of a body corporate”.
Ms Orr argued the proposed agreement fell under at least one of those banners and, accordingly, required Ms Symes’ consent.
But Mr Borenstein argued Ms Symes’ consent was not required in this particular case and, as a result, her intervening conduct was “unlawful”.
“What we’re seeking to do is show you what the minister’s justification is … and why that’s incorrect,” he said.
But Ms Orr said that even if Ms Symes was not authorised to act as she did, her conduct was not enough to meet the high threshold of “unlawful” conduct.
The court also heard Ms Symes may have breached section 343 of the Fair Work legislation because she took action with intent to coerce FRV not to exercise its workplace right to participate in the arbitration.
Ms Symes is not expected to give evidence during the trial.
In April 2023, Ms Symes applied to the Federal Court asking it grant a “separate trial” to determine whether the union had standing to pursue legal action.
But her application was dismissed, paving the way for the UFU to argue its entire case on Thursday before Justice John Snaden.
Mr Borenstein said the specific remedy the UFU was seeking, which may include declarative relief, would be clarified if Justice Snaden ruled in its favour.
In October 2023, a firefighters registration board was established by the state government as an independent entity, in accordance with the FRV legislation.
The board has commenced work to establish a registration scheme.
The trial continues.
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