Bulletin No: 247 Volume: 20 Tuesday 11 November 2014
To ALL UFU CFA MEMBERS
FAIR WORK COMMISSION
ORDERS CFA & UFU
TO CONTINUE TO BARGAIN
POST STATE ELECTION
Today the Fair Work Commission handed down a bargaining decision which in part found two UFU clauses in its claim for the CFA Operational Staff negotiations were caught by Re: AEU principles and in doing so Deputy President Smith stated:
“I observe at this stage that the focus on over technical jurisdictional arguments may need to be put to one side in negotiations and greater attention given to the prerogative of management and the necessarily shared interest in OH&S matters”
Deputy President Smith found the two clauses relate to staffing and expressly referred to the fact that his Decision may be affected by the pending decision of the Full Bench of the Federal Court in the UFU’s Recruit Case Appeal.
DP Smith also expressed that he shared Justice Murphy’s reservation about the application of the Re:Aeu principle in circumstances where the parties reached an agreement and this point is central to the UFU Appeal of the Recruits Case.
One of the clauses related to productivity payments where less firefighters were being required to perform on the fire ground. DP Smith said he did “not criticise a desire to measure productivity for the purpose of wage increases” and that fewer people performing the same work can be a measure of productivity.
“In reaching this conclusion I do not seek to undermine or in any way suggest that a shared approach to occupational health and safety is not of critical importance in this area of employment.”
The Decision includes a process for the parties to meet post the State Election to determine a timetable for continued negotiations.
Members are reminded that they can stop this attack on firefighters by assisting on the 29th November 2014 State Election to change your employer.
A conference of delegates will be convened to discuss this matter in the near future.
The UFU is considering the Decision and will advise members accordingly.
Strength in Unity
READ OUT AT MUSTER AND PIN ON NOTICE BOARD
Authorised by Peter Marshall, Branch Secretary