VFBV

The UFU has sought to introduce 50 new and separate clauses within the body of the EBA whose effect would be to require agreement from, or provide power of veto to, the UFU over CFA management decisions.

Examples of where UFU agreement would be required include:

• Formulation of and changes to position descriptions
• Formulation of and changes to work related policies
• Contracting out
• Lateral entry of career firefighters
• Part-time career firefighters
• Emergency response training
• Matters impacting volunteers

The clauses relevant to this issue are as follows:

Clause 44 and 44.2.7 together with clause 83.5 - The presence of 7 firefighters on the fireground prior to the commencement of operations save and accept where otherwise agreed between the UFU and CFA. (Note that fire-fighter is defined by the UFU document as 'paid firefighter').

As per the clause, there are no parameters set around the type of fireground incident (e.g. structural).

Seven career firefighters on a fireground before firefighting can begin is not recognised as best practice by other jurisdictions outside Victoria nor is it supported by peak body, AFAC.

The most recent reviews conducted in the UK recognise this as an out-dated worst case scenario approach rather than a contemporary risk-based service delivery model (Sir Ken Knight). A model based on “weight of attack” utilising scale, intensity and duration is the norm.

The principle and decisions around deployment must always be left to the incident controller based on risk assessment of the incident.

This clause would be a very expensive approach to delivering on any incident, irrespective of seriousness.

The cost issue is around having the number of resources available at any time rather than their actual attendance at a fire incident.

We have not proposed at any time to change our use of contractors. This position was further supported when we proposed to rollover the 2010 Agreement.

Last January, the Fair Work Commission handed down draft recommendations to focus discussions between parties and to progress negotiations.

All parties were instructed to provide submissions on the feasibility and appropriateness of these recommendations, with a view to Commissioner Roe providing a set of final recommendations.

These were not final recommendations.

When Commissioner Roe asked whether the UFU would support his handing down of the final recommendations, they reserved their position.

The CFA Board Chair and the CEO are responsible for delivering and signing any new EBA.

All CFA members have a role in community safety and education. Our role in the community is not just about fighting fires, but about educating the community about being prepared and prevention. Often, it’s volunteers who have the connections and understanding within their own communities and therefore it is the right approach for them to conduct such services.

There are a significant number of clauses left to negotiate. Many of the clauses the union has asserted have been resolved have actually not been agreed to. 

There are three areas that are of greatest concern to CFA management:

• Numerous clauses seeking UFU veto rights over management decisions;
• Clauses that impact on resourcing decisions that reside with the CO;
• Clauses that impact on people not actually covered by the EBA, such as volunteers, BASOs etc.

Many of the proposed clauses being proposed are unachievable and unaffordable.

There are numerous clauses that either directly or indirectly impact our volunteer base. Some of these are listed below:

Clause 36.4 requires employees covered by the Agreement to report only to operational employees under the Agreement and to DCOs and the Chief Officer. This limits the capacity of qualified volunteers to, amongst other things, control incidents.

Clause 44.2.7, together with clause 83.5 require 7 professional firefighters to attend a ‘fireground incident before firefighting commences. This requirement will impact on CFA operational response involving volunteers in the sense that professional firefighters will not commence response work until 7 paid firefighters are present –regardless of the number of volunteers who are present.

Clause 45.14 requires 4 professional firefighters on all appliances unless otherwise agreed. This will impact on CFA operational response involving volunteers in that it will prevent response until a required number of paid firefighters are present, regardless of the number of volunteers who
are present.

Clause 45.15 prevents cross-crewing of appliances unless agreed by UFU and CFA. This will impact on CFA operational response involving volunteers in that it will limit or prevent cross-crewing of appliances by volunteers.

Clause 90 coupled with Schedule 20 provides strict limitations on provision of uniforms to operational staff covered by the Agreement – and limits the capacity of CFA to equip volunteer staff. It does this by clearly stating that stationwear and uniform and PPC must be ‘significantly visually distinguishable’ for professional firefighters and only made available to professional firefighters.

Clause 55 provides for rehabilitation units to be staffed by professional firefighter staff. CFA currently provides for rehabilitation units whose staff include volunteers and which carry out their roles effectively. UFU is seeking to exclude volunteers from the work without reason or justification.

Clause 17 deals with Community Education and provides that career fire-fighters will deliver community education and that volunteers may only do so when career firefighters are not available.